FERPA Family Educational Rights and Privacy Act Denise

FERPA Family Educational Rights and Privacy Act Denise Ellis, Registrar Updated October 2011

FERPA Pre-Quiz n n Joe Student is assigned to Annie Adviser. At one point during the year, he asks if he may view his education record, including everything that Annie has written about him. He is concerned about what personal information Annie has included. Does FERPA allow access to all of his record? If not, can he still see his record? A year later, Joe is now assigned to Bill Adviser, who “inherited” Joe (and his record) from Annie. If Joe asks to see his record again, would there be any limitations? How should the institution respond? Frank’s parents are divorced. By agreement, his mother claims him as dependent, but his father is required to pay his way through college. Frank and his mother have both refused to tell Frank’s father anything about his academic progress at State College. Frank’s father turns to the institution for help. Can the institution give him the information?

FERPA Pre-Quiz n n Prestigious Engineering Firm has asked you, the Registrar, for a list of the names and addresses of engineering students in the top 10% of the senior class so that they can send them information regarding a tremendous employment opportunity. How should you respond? Mom calls the registrar’s office, looking for information about her son, Travis. She has not heard from him in three days and he does not answer his cell phone. She is worried. She wants the names, phone numbers and emails of her son’s instructors to verify with them if he has been coming to class. Should you provide that information?

FERPA Pre-Quiz n n George is doing some family background research. He discovers that his deceased great grandmother attended Goodman State University many years ago. He asked the registrar’s office at Goodman State for any records they have for his great grandmother, What should they provide? John Student was caught smoking marijuana in his residence hall room at Statue University. The residence hall director wonders whether or not it is appropriate or even allowed for him to contact John’s parents since John is 20 years old and is no longer dependent on his parents.

“A Federal Law designed to protect the privacy of education records, to establish the right of student to inspect and review their education records, and to provide guidelines for the correction of inaccurate and misleading data through informal and formal hearings. ” FERPA starts at 18 or the first day of class, until death.

The Essence of the Act n n College students must be permitted to inspect their own education records. School officials may not disclose personally identifiable information about students nor permit inspection of their records without written permission unless such action is covered by certain exceptions permitted by the Act.

Key Concepts n n n Required annual notification Written permission required for disclosure of student education records The exceptions to written permission of student Students’ right to access their records Legitimate educational interest

Key Terms n n Educational Record Personally Identifiable Directory Information School Official

What is an “Education Record? ” n n Any record, with certain exceptions, maintained by an institution that is directly related to a student or students. This record can contain a student’s name(s) or information from which an individual student can be personally (individually) identified. These records include: files, documents, and materials in whatever medium (handwriting, print, email, tapes, disks, film, microfiche) which contain information directly related to students and from which students can be personally (individually) identified.

“Personally Identifiable” n n The name of the students, the student’s parent, or other family members; The student’s campus or home address; A personal identifies (such as social security number or student number); A list of personal characteristics or other information which would make the student’s identity known with “reasonable certainty. ”

What is not an Education Record? n n n “Sole possession notes” Law enforcement unit records Records maintained exclusively for individuals in their capacity as employees Records of individuals who are employed as a result of their status as students (work-study) are education records. Medical and treatment records. Alumni records

“Sole Possession Notes” Are made by one person as an individual observation or recollection, are kept in the possession of the maker, and are only shared with a temporary substitute. n Sharing these notes with another person, or placing them in an area where they can be viewed by others makes them “education records” and subject to FERPA. n Emails can never be sole possession. n Best advice: If you don’t want it reviewed, don’t write it down

Requirements for Compliance What we must do… n Provide annual notification to students of their rights n Provide students access to their education records.

Provide annual notification to students of their right to: n n n Inspect and review their education records. Request an amendment to their education records. A hearing if the request for an amendment is unsatisfactory Request that the institution not disclose directory information items about them. File a complaint with the U. S. Department of Education - FERPA office in Washington, D. C.

Directory Information n Although not required to be included in the institution’s annual notification, the institution must notify students of what information the institution has designated as directory information n Student must be given the opportunity to request that directory information not be released. This right of non-disclosure applies to directory information only.

Doane Defined Directory Information n n n Student name Address Telephone number Current enrollment status Major/minor field of study Degree sought (BA, BS, MED, etc. ) Expected completion/ graduation date n n n Degrees and awards received Awards and honors Participation in officially recognized activities and sports Weight and height of athletic team members Photograph

What is Never Directory Information Race n Gender n Social Security Number (or part of a SSN) n Grades n GPA n Country of citizenship n Religion n

“School Official” n n Employed by the College in an administrative, supervisory, academic or support staff position (including campus safety and health staff personnel) Elected to the Board of Trustees A company under contract to the college to perform a specific task such as an attorney, auditor, outsourced service provider Student representative on an official committee, such as disciplinary or grievance committee or assisting another school official in performing his or her tasks.

“Legitimate Educational Interest” n A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.

Provide students access to their education records: n n Inspect and review within 45 day of the request n Right to deny copies if the student within 50 miles; if the student has an unpaid financial obligation; or if there is an unresolved disciplinary action n Can charge a reasonable amount for copies Limitations to the rights to inspect n Parental financial information n Confidential letters and recommendation to which the student has waived their right n Records containing information about more than one student

Doane “may” disclose records without written consent to: n n n Secretary, U. S. Dept of Ed State education authorities U. S. Attorney General Accrediting organizations Parents of a dependent as determined by IRS code Parents of a student under 21 regarding an alcohol or controlled substance violation n Judicial order or lawfully ordered subpoena Emergency if there is believe to be a significant threat to a student or others Alleged victim of any crime of violence

Safeguarding Data n n n n Proper hard copy disposal Use strong passwords Change passwords periodically Don’t post your password Save files on Netfiles in folders only accessible by those that need access Empty your Recycle Bin Delete/Dispose of files on storage devices Avoid sending confidential data via E-Mail use secure file transfer instead

Password selection n n Avoid common passwords like "password”, your name, telephone number, repetitive or sequential strings. Intersperse punctuation marks or symbols such as #, $, %, etc. Do not use a blank space. Use at least seven characters; the more characters, the better (as long as you can remember them). Use special characters and numbers and a mix of Ca. Se

Doane web-based Secure File Exchange n Doane File Exchange is an online file transfer service provided to Doane College faculty and staff. Using Doane File Exchange, faculty and staff are able to send very large files to Doane College users, and off-campus users. You can learn how to use and access the file exchange on the technology website at: About the File Exchage http: //www. doane. edu/About_Doane/Offices/its/solution s/doane-file-exchange/ File Exchange http: //www. doane. edu/fileexchange

Remember n n Access to Datatel/Web. Advisor does NOT authorize unrestricted use of student data. Information viewed on a computer screen should be treated with the same confidentiality as paper records. Check a student’s directory restrictions before you answer any questions. Information may be released with a signed consent from the student. Curiosity does not qualify as a legal right to know.

FERPA Post-Quiz n n Joe Student is assigned to Annie Adviser. At one point during the year, he asks if he may view his education record, including everything that Annie has written about him. He is concerned about what personal information Annie has included. Does FERPA allow access to all of his record? If not, can he still see his record? A year later, Joe is now assigned to Bill Adviser, who “inherited” Joe (and his record) from Annie. If Joe asks to see his record again, would there be any limitations? How should the institution respond? ANSWER: If Annie’s notes are sole-possession, and haven’t been shared with anyone, Joe can not see them. Once Annie gives her notes to Bill they become part of Joe’s educational record and can be shared upon his request.

FERPA Post-Quiz n n Frank’s parents are divorced. By agreement, his mother claims him as dependent, but his father is required to pay his way through college. Frank and his mother have both refused to tell Frank’s father anything about his academic progress at State College. Frank’s father turns to the institution for help. Can the institution give him the information? ANSWER: No. Making payments does not give any access to educational records/academic progress.

FERPA Post-Quiz n n Prestigious Engineering Firm has asked you, the Registrar, for a list of the names and addresses of engineering students in the top 10% of the senior class so that they can send them information regarding a tremendous employment opportunity. How should you respond? ANSWER: Name, address, and major are directory information, but only sharing the top 10% would disclose academic information in relation to GPA. The institution could share information for all the engineering graduates. Doane would request the employment information and share it with the students for the employer instead of giving student information out.

FERPA Post-Quiz n n Mom calls the registrar’s office, looking for information about her son, Travis. She has not heard from him in three days and he does not answer his cell phone. She is worried. She wants the names, phone numbers and emails of her son’s instructors to verify with them if he has been coming to class. Should you provide that information? ANSWER: Is three days an emergency? In most cases it is not, and providing all of this information isn’t necessary. A better approach would be for the Registrar’s Office to contact the student and let him know their mom is worried about them, and to please contact her. If the student has medical issues, like they are a diabetic, and three days without contact is a concern, the safety office should be contacted.

FERPA Post-Quiz n n George is doing some family background research. He discovers that his deceased great grandmother attended Goodman State University many years ago. He asked the registrar’s office at Goodman State for any records they have for his great grandmother, What should they provide? ANSWER: Once a student is deceased their academic records are no longer covered under FERPA. Doane doesn’t have a policy in regards to records of deceased students, so employee’s use discretion when releasing these academic records. In the scenario above a record would probably be shared since the student has been deceased for many years and a family member is requesting the information.

FERPA Post-Quiz n n John Student was caught smoking marijuana in his residence hall room at Statue University. The residence hall director wonders whether or not it is appropriate or even allowed for him to contact John’s parents since John is 20 years old and is no longer dependent on his parents. ANSWER: Doane may, and often does, contact parents of a student under 21 regarding an alcohol or controlled substance violation.

When in doubt… n n When in doubt, DO NOT release information. Contact the Registrar’s Office for assistance. “OOPS” is not acceptable when it comes to disclosure of education records.