Family Educational Rights and Privacy Act (FERPA) What is FERPA? - PowerPoint PPT Presentation

Family Educational Rights and Privacy Act (FERPA)

What is FERPA?  Federal Law enacted in 1974 by the US Congress  Also known as the Buckley Amendment  Law protects the privacy of student education records  Faculty, staff, administrators and other College officials are required by FERPA to treat education records in a legally specified manner  Law applied to all schools receiving funds from the US Department of Education

What are a student’s rights under FERPA? The Act grants seven specific rights to students. 1) The right to be informed about their educational records 2) The right to inspect and review their educational records 3) The right to request an amendment of inaccurate educational records 4) The right to challenge the accuracy of their educational records 5) The right to prevent unauthorized disclosure of their educational records 6) The right to file a complaint with the US Department of Education about a violation of FERPA; and 7) To waive these rights in writing

What is an Educational Record?  An educational record is any information that is maintained by an institution which directly relates to a student.  It is information maintained in handwriting, print, tape, film, electronic or any other media.  The storage medium (the place where the information is stored) in which you find this information does not matter

Examples of an Educational Record  Demographic &  Transcripts Personal Information  Disciplinary Records  Admission Records  Electronic Images  Grades  Written  Class Schedules Papers/Essays  Printed Class Rosters  Graded Test Papers  Electronic form on  Anything with a name, your computer screen SS# and/or Institutional ID on it

What are NOT Educational Records?  Sole Possession Records  Medical or Health (Private Notes, serving as Records made and a memory aid) maintained in the course of treatment and disclosed only to those  Campus Police Records individuals providing treatment  Employment Records  Alumni records that (excluding student contain information about employment records) an individual after he/she is no longer a student at ACC

Directory Information Directory Information is personally identifiable information that is not normally considered a violation of a person’s privacy. In accordance with the provisions of FERPA, ACC has the right to provide ‘directory information’ to anyone that request it without the student’s written consent.

ACC currently defines ‘directory information’ to mean the following:  Student’s name, address, telephone, email  Date of birth  Major  Awards & Degrees (credentials & dates)  Participation in Sports & Activities  Height and Weight of athletic team members  Dates of Attendance, including current enrollment status  Most recent educational institution attended If a student does not want directory information released, the student must file a Request to Withhold Student Directory Information with the Enrollment Services Center. The form is valid until the student gives ACC a statement in writing that he/she wishes to have his/her directory information released.

Disclosure of Information The College allows disclosure of ‘non-directory information’ without the student’s written consent to the following: 1. College officials with a legitimate educational interest in viewing a student’s educational record 2. Officials at an institution at which a student seeks to enroll 3. Personnel in connection with health or safety emergencies if necessary to protect the student or others 4. Financial Aid lenders checking enrollment status for loan purposes 5. Officials in accordance with a court order or subpoena

What is Legitimate Educational Interest? A school official has a ‘legitimate educational interest’ if the official is:  Performing a task that is specified in his or her position descript or by a contract  Performing a task related to a student’s education  Performing a task related to the discipline of a student  Providing a service or benefit relating to the student or student’s family, such as health care, counseling, job placement or financial aid Because you are ‘interested’ in the student’s record IS NOT a need to know basis

Parent’s Right to Know When a student reaches the age of 18 or begins attending a postsecondary institution regardless of age, FERPA rights transfer to the student. Therefore, at ACC, parents may only obtain their son/daughter’s educational record information under the following circumstances: -The student signs a FERPA Limited Release Form with the Enrollment Services Center. The student indicates to whom information can be released to and what type of information is to be released.

Letters of Reference or Recommendation Follow these steps if asked by a student to provide them a letter of reference or recommendation.  Students must complete a Student Reference Request/Consent Form (located on G-drive or at Career Planning & Placement Office) and give to person writing recommendation or serving as a reference. The consent is reference specific.  You can only disclose or discuss information listed by the student on the form (nothing else).  Reference individual must keep a copy and send the original to the Registrar’s Office where it becomes part of the student’s educational record.  To safeguard a student’s privacy and your compliance with FERPA, do not agree to write a letter of recommendation or serve as a reference without this form.

Tips on Managing Student Records  DO NOT release directory information on a student. Refer all inquiries to the Registrar’s Office.  DO NOT share educational record information, including grades, GPA, attendance with parents without checking with the Registrar’s Office first.  DO NOT request information from the Registrar’s Office or Enrollment Services Center or access the student’s records by computer, unless you have a legitimate educational interest and are authorized to access the information.  DO NOT post student’s papers, scores or grades in a public place on which names, SSN or other personal identifiers are displayed.  DO follow the confidentiality provisions of FERPA by not sharing education records information with your colleagues unless a legitimate educational interest exists.  DO protect yourself by not allowing anything confidential easily accessible either on your desk or your PC Desktop.  DO check with the Registrar’s Office before when asked for any student educational record information by third parties outside the institution.  DO refer all subpoenas or IRS summons or other legal process requests for education records to the Registrar’s Office

FERPA Quiz True or False  A student’s degree can be confirmed to an outside source without written permission from the student. (answer-yes)  A student has a right to inspect his/her educational record in the Registrar’s Office. (answer-yes)  It’s ok for an instructor to post student grades if only a SS# is used. (answer-no)  If a student’s parent calls asking how his/her child is doing in your class, you can tell them. (answer-no)  An email address is considered to be ‘directory information.’ (answer-yes)

FERPA Quiz cont.  ACC can release to anyone, upon request, a student’s address and/or telephone number. (answer-yes)  Faculty have a right in inspect educational records without giving a reason. (answer-no)  ACC must give a student the opportunity to decline certain ‘directory information’ releasable. (answer-yes)  A former ACC student has the same right as a student currently enrolled to inspect and review their educational records. (answer-yes)

What are the sanctions or liability risks for a FERPA violation? FERPA provides for a complaint procedure to the US Department of Education with an ultimate sanction of withholding of federal funding. Students may seek to hold the College or individual liable under common law tort such as invasion of privacy

Sanctions could be any of the following:  Lawsuit against the College and/or Individual violator  Loss of Federal Funding for the College  Conviction of a misdemeanor under the Public Information Act (confinement in county jail not to exceed 6 months or fine not to exceed $1000 or both) for the individual  Dismissal of the individual

Therefore , When in Doubt, Don’t give it out. It is always better to err on the conservative side and call the Registrar’s Office for guidance.

Resources Available  Registrar  Catalog  Student Handbook  FERPA Presentation on G-Drive  Waiver/Consent Forms on G-Drive  Department of Education www.ed.gov/offices/OM/fpco/index.htm *Note: all forms are available at the ESC and on G-drive (FERPA folder).