Family Educational Rights and Privacy Act of 1974

Family Educational Rights and Privacy Act of 1974 (FERPA) 2014 -15

What is FERPA? • FERPA is a federal law • “It represents the floor not the ceiling. ”- DOE • Affords parents the right to have access to their children’s education records until…. o A student turns 18 or enters a postsecondary institution at any age, the rights under FERPA transfer from the parents to the student (“eligible student”).

Levels of restriction

FERPA levels Federal System Campus

Federal Rules- the floor • Statute: 20 U. S. C § 1232 g- The What • Regulations: 34 CFR Part 99 - The How o o What limitations exist on the right to inspect and review records? Under what conditions is prior consent required to disclose information? Under what conditions is prior consent not required to disclose information? What recordkeeping requirements exist concerning requests and disclosures? What limitations apply to redisclosure? Source: http: //www 2. ed. gov/policy/gen/guid/fpco/ferpa/index. html

Federal Rules- the floor (cont…) • Disclosing directory information • SSN can not be requested for use as identifier • Students can issue complaint to Dept of Ed if discover information was released without consent • Investigation proceedings can lead to several effects, including loss of funding to the institution from Dept of Ed Sources: http: //www. ecfr. gov/cgibin/textidx? c=ecfr&tpl=/ecfrbrowse/Title 34/34 cfr 99_main_02. t pl; Federal Register at http: //www. gpo. gov/fdsys/pkg/FR-201112 -02/pdf/2011 -30683. pdf

Two types of information • Public (directory) information*, to which third parties have access, and • Confidential (education record) information, to which third parties may have access ONLY if the student provides explicit written authorization.

What is directory information at UCSC?

What are education records? 1)Any record that is directly related to a student; AND 2)maintained by an educational agency or institution or by a party acting for the agency or institution. Exceptions include student employment records, law enforcement unit records, or treatment records such as those made/maintained by a physician or psychologist or other recognized professional who is acting in that capacity.

Non-release of Information (NRI) • NRI options on the student portal: o RESTRICT ALL FIELDS o RELEASE TO PUBLICATION o RELEASE ALL RESTRICTIONS o RELEASE TO CAMPUS DIRECTORY (YES OR NO)?

Non-release of Information (NRI)

NRI as viewed by administrator

How does this affect us? • Required to verify student identity o asking for student ID number and stating their name to them does not qualify as identification • Written consent to release of information required from student to any third party designee, including parent

Consent to Release Information • How can we tell if a release is on file? o FAARI – Info checklist notification of requirement for release of information o Fx. ARI – Assigned as completed when received, scanned to Image. Now, and linked to student o Document can be viewed in Image. Now to verify the third party by name and by security question answers listed on the form

ARI Form

Summary Take Away • Education records are always protected • We may release directory information but are not required to • NRI scrolls in AIS mean we cannot acknowledge student record over the phone • Verify student identity with photo ID at front or with a few security questions over phone (ie DOB, major, class taken) • Ensure release is on file in Image. Now and identity authenticated for any 3 rd party (including parent) before releasing information

Scenario #1 • Paul Smith calls to ask you why his aid hasn’t paid. He insists that he completed all steps including filing the FAFSA. When you ask for his ID, he states he hasn’t memorized it yet and asks you to look up his file by his name. o What is your response?

Scenario #1 (cont…) • After confirming Paul’s major, you ask for a class he is enrolled in currently. He hesitates on the question and reveals he’s the parent calling on behalf of his son. “My son is in class and doesn’t have time to deal with this stuff. Besides I pay the bill. Now can you just tell me what’s going on with his aid? ” o What is your next step?

Scenario #1 (cont…) • There is no release for Paul’s father on his account. He continues to reiterate that he is the one that pays the bill. o What’s a response you can give?

Scenario #2 • Sammy Slug calls in and provides you his ID. You notice that he has a NRI on file that states the student has restricted all data. o What is your next step? • The same student comes into the front with a photo ID. o Can you assist?

Scenario #3 • Mary Jacob, mother of Susan Jacob, calls in to the office. She states she wants to know the status of her parent loan. The student has a release on file for this parent. o What is the next step?

Scenario #3 (cont…) • Mary Jacob is not the PLUS loan borrower. She says her husband is out of town and asked her to take care of it. o Your response?