FERPA Basics

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FERPA Basics

• Family Educational Rights Privacy Act
• Colloquium 2007

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What is FERPA?

• FERPA is the Family Educational Rights and
  Privacy Act of 1974 (also known as the Buckley
  ammendment) and gives certain rights to students
• Right to review and inspect educational records
  maintained by the institution
• Right to seek amendment to any portion of an
  educational record
• Right to have some control over the disclosure of
  information
• Right to obtain a copy of the Universitys FERPA
  policy
• Right to file a complaint with the Department of
  Education Family Policy Compliance Office in
  Washington, D.C.

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Key Definitions

• Educational Record
• Sole Possession Records
• Directory Information
• Personally Identifiable Information
• School Official
• Legitimate Educational Interest

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Educational Records

• What is an educational record?
• Record maintained by the institution that is
  directly related to a student and can personally
  identify a student

• What is NOT an educational record?
• Sole possession records
• Law enforcement records
• Employment records
• Medical records
• Alumni records

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Sole Possession Records

• Memory Aid
• Only used by one person
• Private notes

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Directory Information

• Some items that institutions may list as
  directory information
• Name
• Current mailing address
• Email address
• Phone number
• Date of Birth/Place of Birth
• Major/Program
• Participation in sports
• Weight/height of athletes
• Dates of attendance
• Degrees/awards

• Information that may be disclosed without the
  students consent
• Not considered harmful or an invasion of privacy
• Defined by the institution

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Personally Identifiable Information

• This includes (but is not limited to)
• Social Security number
• Institutional ID number
• Grades
• GPA
• Gender
• Class schedule
• Race
• Religion
• Test Scores
• Academic Standing

• Any information or data that can easily identify
  a student
• Is not directory information
• Cannot be disclosed without the consent of the
  student

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School Official

• Can be a university employee (support staff,
  administration, safety officers, etc.)
• Can be a board member
• Can be a contractual employee of the university
  (auditor or temporary services contracted
  employee)
• Student helping another employee or serving on a
  university committee

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Legitimate Educational Interest

• Need to Know
• Institutions must determine the criteria

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Parental Access to Students Educational Records

• When a student reaches the age of 18 or begins
  attending a postsecondary institution, regardless
  of age, FERPA rights transfer from the parent to
  the student.
• The only ways in which parents may obtain
  protected information on their child are
• For them to obtain a signed consent from their
  child
• or
• The dependent is claimed on the parents Federal
  income tax form.

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Who is at risk of violating FERPA?

• Faculty
• Staff
• Administrators
• Student workers

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What happens if institutions violate FERPA?

• Loss of federal funding
• Potential lawsuits
• Integrity of institution diminished

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For More Information

• http//records.southern.edu/ferpa.html
• http//www.ed.gov/policy/gen/guid/fpco/ferpa/index
  .html

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FERPA Quiz

• Family Educational Rights Privacy Act

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• 1 TRUE or FALSE
• Education records include only those records
  contained in a students permanent file.

• FALSE
• Education records include any record (in
  whatever format or medium) directly related to a
  student and maintained by the university.

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• 2 TRUE or FALSE
• Students must be given the opportunity to inspect
  and review their education record within ten days
  of a request.

• FALSE
• FERPA states that we must provide a student
  access to his/her record within 45 days of a
  request. More often than not, however, we
  accommodate that request as soon as humanly
  possible.

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• 3 TRUE or FALSE
• As a faculty member, you have the right to
  inspect and review the education records of any
  student.

• FALSE
• Any employee of the university must be able to
  demonstrate a legitimate educational interest
  (need to know) in order to be given access to a
  students record.

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• 4 TRUE or FALSE
• Only the records of currently enrolled students
  are protected by FERPA.

• FALSE
• FERPA also protects the records of all formerly
  enrolled students. However, students who have
  applied for admission to the university but have
  not attended the university do not have rights
  under FERPA.

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• 5 TRUE or FALSE
• An academic adviser does not have to allow an
  advisee to inspect his/her personal notes about
  that student.

• TRUE
• The personal notes of a students adviser are
  deemed to be in the sole possession of the
  maker and are not included in the definition of
  education records. Therefore, an adviser does
  not have to grant access to his/her personal
  notes.

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• 6 TRUE or FALSE
• You post the grades of all students in your class
  on the door to your office. This is a violation
  of FERPA.

• TRUE
• The answer depends on HOW you posted your grades.
  If you posted them by name, Social Security
  Number or something that reveals the identity of
  each student, or could easily be interpreted by a
  third party, then you would have violated FERPA.
  If, however, you posted the grades using a
  special code known only to you and the individual
  student, there would be no violation.

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• 7 TRUE or FALSE
• FERPA requires that you retain all records used
  to determine a students grade in a course for at
  least three years.

• FALSE
• FERPA does not contain a records-retention
  provision. Each institution determines how long
  records are retained. Most universities retain
  educational records for 3 years.

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• 8 TRUE or FALSE
• The parents of one of your advisees visit you.
  They want to know their childs grades for last
  semester. You deny them access stating that you
  may not release grades without the signed consent
  of the student. The parents present proof that
  their student is a dependent on their federal
  income tax return and state that they have a
  right to his/her grades. You still refuse to
  release them. Your actions were contrary to
  FERPA.

• TRUE
• Parents of a dependent student as defined by
  the Internal Revenue Code, may access their
  students educational records without the written
  consent of the student upon submission of IRS
  documents (tax returns) showing a students
  dependent status.

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• 9 TRUE or FALSE
• You are contacted by a prospective employer
  concerning academic information on one of your
  students. They state they know you cant reveal
  a students exact GPA but all they want to know
  is if that student is in the top 10 per cent of
  his/her class. In addition they want to know
  what the GPA cut-offs would be in graduation
  honors. You want to help the student land the
  job so you do a little digging and give them the
  information they requested. This is a violation
  of FERPA.

• TRUE
• Grades and GPAs can never be released to the
  public without consent. However, honors (e.g.,
  Deans List) are considered Directory (public)
  information. BUT, because you would have to
  release the GPA threshold for the 10 of that
  students class in order to provide the
  information the company wants, you run the risk
  of releasing the actual grade information on that
  student.

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• 10 TRUE or FALSE
• You decide to create a publicly accessible
  website for students in one of your courses. On
  the website you list the names, addresses, e-mail
  addresses and telephone numbers of all of your
  students. This is not a violation of FERPA.

• TRUE
• Institutions may disclose information on a
  student without violating FERPA through what is
  known as or directory information. This
  generally includes name, address, telephone
  number, date and place of birth, major field of
  study, etc. (refer to FERPA guide for complete
  list) unless a student requests that this
  information not be released. If you received
  permission from each of your students to release
  his/her information on the public website, you
  have not violated FERPA.

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• 11 TRUE or FALSE
• You were approached by an FBI agent who asks to
  see your personal files on one of your advisees.
  The agent states he/she is doing a background
  check on the student for employment with the
  federal government. You dutifully produce all of
  your files on that student. You are now in big
  trouble with the student because your actions
  were in violation of FERPA.

• TRUE
• Even FBI agents must produce a release of
  information form signed by the student before you
  or any other school official may release
  educational records. The only exception to the
  signed release provision would be a judicial
  order or subpoena, which allows the institution
  to release records without the students consent.
  Even in the case of a subpoena, however, FERPA
  states that a reasonable effort must generally
  be made to notify the student before complying
  with the order.

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• 12 TRUE or FALSE
• A student files an official appeal of a grade you
  gave him/her in one of your courses. The issue
  goes before the grade appeal committee and the
  student loses the appeal. He becomes angry by
  the ruling, breaks a window and subsequently is
  brought up on disciplinary charges. Shortly
  thereafter a reporter from the Accent contacts
  you. The campus newspaper wants to run a story
  on the grade appeal and disciplinary process and
  wants to use your student as an example. You
  answer all of the reporters questions because
  the appeals process was concluded. The following
  week you receive notice of a suit filed against
  you by the student who appealed the grade. You
  havent a FERPA leg to stand on.

• TRUE
• Appeals and/or disciplinary information are
  education records and their release is governed
  by FERPA. Without that students signed consent
  of disclosure, you should not have released
  information about the grade appeal or the
  disciplinary action that followed.