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
• fficials 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 &

Personal Information

• Admission Records
• Grades
• Class Schedules
• Printed Class Rosters
• Electronic form on

your computer screen

• Transcripts
• Disciplinary Records
• Electronic Images
• Written

Papers/Essays

• Graded Test Papers
• Anything with a name,

SS# and/or Institutional ID on it

What are NOT Educational Records?

• Sole Possession Records

(Private Notes, serving as a memory aid)

• Campus Police Records
• Employment Records

(excluding student employment records)

• Medical or Health

Records made and maintained in the course

• f treatment and

disclosed only to those individuals providing treatment

• Alumni records that

contain information about 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.

• 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.

ACC currently defines ‘directory information’ to mean the following:

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

• thers

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

• fficial 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
• btain 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

• f 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
• utside 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
• nly 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).