Family Educational Rights and Privacy Act of 1974 FERPA

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Family Educational Rights and Privacy Act of
1974(FERPA)
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What is FERPA?

• Family Educational Rights and Privacy Act of
  1974
  
• Also known as the Buckley Amendment
• Covers two areas
• Release of education records
• Access to these records

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Who does FERPA effect?

• All students
• Starting the first day the student attends a
  class
  
• Includes Continuing Ed. students
• All living former students
• Its all about the students
• EDUCATIONAL RECORDS!

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What information can you not give out without
proper documentation?

• ID / SSN
• Grade / GPA
• Absence information
• Charges / Holds
• Schedule
• More in a minute
• This is all part of a students Educational
  Record!

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A Students Rights Under FERPA

• To inspect and review their educational record
• To amend their educational records of inaccurate
  or misleading information
  
• To have some control over the
• disclosure of their educational record

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What does FERPA require?

• Notify students annually
• Bulletin (page 32), handbook, catalog
• Ensures the college does not disclose educational
  records unless meeting requirements
  
• Written permission
• Acceptable exceptions
• Allows students to update records if necessary

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What are educational records?

• Anything directly related to the student that
  includes the students name or any information
  about the student which would make that student
  identifiable (PERSONALLY IDENTIFIABLE)
• Name
• Identifier
• Anything maintained by the school about the
  student
  

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Educational Records include

• Academic records (grades, etc.)
• Attendance information
• Advising notes
• Charges and payments
• Directory information
• Financial information
• Disciplinary records
• Student Employment records

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What are NOT education records?

• Private notes
• Records of the law enforcement unit of the
  school
  
• Psychological and Medical Records
• Statistical data compilations where there is no
  personally identifiable data

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Directory Information

• Found on P. 32 of the Blinn Bulletin
• Includes
• Name
• Classification
• Major field of study
• Home address
• Previous institutions attended
• Attendance status (full time, part time, not
  attending)
  
• Honors
• Degrees conferred
• Participation in officially recognized sports and
  activities including physical factors (height and
  weight of athletes)
  
• May or may not include e-mail!

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Requests for Directory Information

• Can this information be given out?
• Yes, required to due to the Texas Open Records
  Act
  
• All requests for directory lists go through the
  Executive Vice-President
  
• Charge is calculated based on the time and
  resources needed to fulfill the list
  
• The list includes all students who have not
  turned in a non-release form
  
• Student must file a form to not release directory
  information each semester
  

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WHO CAN SEE THESE EDUCATIONAL RECORDS BESIDES THE
STUDENT?
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4 Important Questions to be answered

• Is the information requested directory
  information or an educational record?
  
• Has the student ever attended Blinn?
• Is there a dependency form or any type of
  permission on file?
  
• Is there a legitimate educational interest?

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How does a parent get to see information?

• Must file a notarized dependency form with the
  Admissions and Records office
  
• Must show proof they (the parent) claim the
  student for income tax purposes
  
• Admissions and Records office will then notify
  the instructors this information is on file

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What does an instructor have to tell the parent?

• Once the forms are in Admissions and Records and
  the instructor has been notified, it is up to the
  instructor what they want to tell parent
  
• At that point, grades and attendance can be
  discussed with the parent if the teacher or
  advisor so desires
  
• Instructor has the option what, if anything, is
  to be discussed
  
• Instructor or advisor
• DOES NOT HAVE TO RELEASE ANYTHING
• Unless subpoenaed by a court

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Advisor/Faculty Access

• Only for academic purposes
• Must have legitimate education interest
• Must request access from Computer Services

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Legitimate Educational Interest

• A demonstrated need to know by an official of an
  institution acting upon a students educational
  interest
  
• Can include faculty, advising, clerical,
  professional, and any other person who manages a
  students records

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Update / Appending a Students Record

• Does not mean they can change their grade
• Only means they can have mistakes fixed

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Letters of Recommendation

• Must have the students permission
• Simple letter signed by the student will suffice.
  
  
• I give Prof. Smith to write a letter of
  recommendation for
  
• Joe Student
• Prof. Smith has permission to include grades,
  etc.
  
• Signed_____

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STOP

• When in doubt, dont give it out!
• (Call and ask)

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Direct students to BORIS

• Within a students BORIS access, most of their
  educational record information can be accessed

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Penalties

• Lawsuit
• Loss of Federal Funding
• Conviction of a misdemeanor under the Public
  Information Act
  
• (Confinement in the county jail not to exceed
  6 months, Fine not to exceed 1,000, or BOTH
  confinement and fine)
  
• Dismissal

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TEST TIME!Question 1

• If I am a parent of a college student, do I have
  the right to see my childs education records,
  especially if I pay the bill?

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Question 2

• What if my child is a minor and he or she is a
  dual credit student do I have rights?

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Question 3

• Can I list my class grades outside my door by
  ID number?

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More questions on hand out!
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4 Important Questions

• Is the information requested directory
  information or an educational record?
  
• Has the student ever attended Blinn?
• Is there a dependency form or any type of
  permission on file?
  
• Is there a legitimate educational interest?

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Questions

• Questions concerning FERPA may be referred to the
  Office of Admissions and Records.
  
• Dennis Crowson
• dcrowson_at_blinn.edu ext. 4141