RIT FERPA WORKSHOP FOR NTID z Evan Thompson

R·I·T FERPA WORKSHOP FOR NTID z Evan Thompson Associate Counsel RIT Office of Legal Affairs 475 -7251 evan. thompson@rit. edu ROCHESTER INSTITUTE OF TECHNOLOGY

Objectives ■ FERPA – Know and understand FERPA – Identify educational records – Disclose educational records to appropriate individuals ROCHESTER INSTITUTE OF TECHNOLOGY

FERPA – How it Applies to You Family Educational Rights and Privacy Act of 1974 (FERPA) ■ Purpose – Protect the dissemination of information commonly considered private information – Provide eligible parents and students the right to inspect and review their educational records ■ Applies to all private and public universities that receive federal funding – Individual departments, divisions, colleges, and employees ■ RIT Policy D 15. 0 Educational Records ROCHESTER INSTITUTE OF TECHNOLOGY

What Does it Protect? ■ Educational Records – Records that are directly related to the student (including online students), are maintained by the educational institution, and include personally identifiable information ■ Handwritten, typed, recorded, stored electronically, or in filing cabinets ■ Does not include: – Records kept in the sole possession of the maker – Law enforcement records kept separate from educational records and only shared with other law enforcement officials – Non-student employment records – Treatment records ROCHESTER INSTITUTE OF TECHNOLOGY

What are Treatment Records? ■ Records of a student ■ Made or maintained by a physician, psychologist, psychiatrist, or other recognized professional or paraprofessional ■ Which are made or used only in connection with the treatment of students ■ Only disclosed to persons providing the treatment – No longer a treatment record when disclosed to the student ROCHESTER INSTITUTE OF TECHNOLOGY

What Does it Say? ■ Educational records can only be disclosed with the prior written consent of the student ■ Unless it falls into a specific FERPA category that allows disclosure without the student’s prior written consent ROCHESTER INSTITUTE OF TECHNOLOGY

What are the Specific Categories? ■ Directory information ■ Request is made from an internal university official who has a legitimate educational interest in the information ■ Request is by the parent or legal guardian of a dependent (for Federal Income Tax purposes) student ■ Information is disclosed to comply with a validly issued subpoena or ex parte orders from the DOJ under the Patriot Act ROCHESTER INSTITUTE OF TECHNOLOGY

What are the Specific Categories? ■ Disclosure is made in the event of an emergency if knowledge is necessary to protect the health and safety of the student or others. (Can be to parents) ■ Request is for final results of disciplinary proceedings against a student who is an alleged perpetrator of a violent crime ■ Disclosure is made to a parent or legal guardian of information involving use or possession of alcohol or controlled substances and the student is under the age of 21 ■ Disclosure is made to sex offender registry ROCHESTER INSTITUTE OF TECHNOLOGY

Directory Information ■ Information which would not generally be considered harmful or an invasion of privacy if disclosed – Name – Address – Telephone numbers (RIT currently chooses to only list a local number) – E-mail addresses (RIT currently chooses not to list or disclose) – Photograph (RIT currently chooses not to list or disclose) – Date of birth (RIT currently chooses not to list or disclose) – Place of birth ROCHESTER INSTITUTE OF TECHNOLOGY

Directory Information – – – – Field of study/major Enrollment status (RIT currently chooses not to list or disclose) Dates of attendance Participation in officially recognized activities and sports (RIT currently chooses not to list or disclose) Weight and height of members of athletic teams (RIT currently chooses not to list or disclose) Degrees, honors, and awards received The most recent educational agency or institution attended Can include student ID (RIT currently chooses not to list or disclose) ROCHESTER INSTITUTE OF TECHNOLOGY

Directory Information ■ Directory Information DOES NOT INCLUDE: – – – Social Security number Race Ethnicity Nationality Gender ROCHESTER INSTITUTE OF TECHNOLOGY

Legitimate Educational Interest ■ University official, faculty, administrator, staff, trustees; and outsourced contractors under control of the University, required to have FERPA information and informed they must comply with FERPA requirements ■ Schools must use “reasonable methods” to ensure that individuals only have access to FERPA information needed to fulfill their professional responsibilities ■ Difference between “needing” to know and “wanting” to know ROCHESTER INSTITUTE OF TECHNOLOGY

In the Event of an Emergency ■ Under the “totality of the circumstances” if the University determines an “articulable” and significant threat to the health and safety of another exists, it may disclose FERPA information, as necessary, to any person to protect the health or safety of a student or other individual ■ Disclosure must be narrowly tailored considering the immediacy and magnitude of the emergency ■ Disclosure no longer appropriate when the emergency is over ROCHESTER INSTITUTE OF TECHNOLOGY

Questions?