Family Educational Rights and Privacy Act of 1974, as amended

1
Family Educational Rights and Privacy Act of
1974, as amended
2
Sources of Information

• General Information Catalog 1999 - 2000,
  Subchapter 9, pp. 154-157 (UT Catalog)
• http//www.ed.gov/offices/OM/fpco/
• Richard A. Rainsberger. Guidelines for
  Postsecondary Institutions for Implementation of
  the Family Educational Rights and Privacy Act of
  1974 as Amended, Washington, D.C.AACRAO, 1998

3
FERPA gives students certain rights over their
educational records.

• To inspect and review their educational record
• To amend their educational record
• To have some control over the disclosure of their
  educational record.

4
To Whom Does FERPA Apply?

• FERPA applies to students in attendance
• As of May 2000, UT Austin defines in attendance
  as those students who have been admitted
• FERPA applies to students at institutions of
  higher education regardless of age
• FERPA applies to students taking correspondence
  and extension courses.

5
Educational Records Those records directly
related to a student and maintained by the
institution or by a party acting for the
institution.
6
Educational Records include

• Directory information
• Academic records
• Financial records
• Disciplinary records
• Work-study records
• Some employment records

7
Educational Records do not include

• Sole possession records
• Psychological records
• Medical records
• Some employment records
• Law enforcement records
• Thesis or research papers
• Records about an individual after s/he is no
  longer a student at the university

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RECORDS
Educational Records

• Sole Possession Records
• Psychological Records
• Medical Records
• Some Employment Records
• Law Enforcement Records
• Thesis or Research Papers
• Records about an individual
• after s/he is no longer a
• student at the university.

• Directory Information
• Academic Records
• Financial Records
• Disciplinary Records
• Work-study Records
• Some Employment
• Records

9
Legitimate Educational Interest Vs. Disclosure to
a Third Party
10
Legitimate Educational Interest

• When appropriate university administrators,
  faculty, or staff . . . require access to
  educational records in order to perform their
  legitimate educational duties when such records
  are needed in furtherance of the educational or
  business purposes of the student or university.
• 1999-2000 General Information Catalog, p. 155

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Disclosure to a Third Party

• Providing information to someone OTHER than an
  appropriate university administrator, faculty or
  staff with a legitimate educational interest.

12
Directory Information

• Information from the educational record which is
  deemed essentially harmless and which may be
  disclosed to a third party without the students
  express, written permission.

13
Directory Information at UT Austin

• Students name
• Local/permanent address
• Telephone listing
• E-mail address
• Date/place of birth
• Major

• Dates of attendance
• Classification
• Expected date of graduation
• Degrees, awards honors received (including
  selection criteria). . .

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Directory Information at UT Austin (cont)

• Most recent educational institution attended
• Participation in officially recognized activities
  and sports
• Weight and height if a member of an athletic team
• Names and addresses of former students who are
  credited with funds remaining in their general
  property deposit
• Student parking information

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NRRECS DIRECTORY INFORMATION - SA NRMPSA01
COMMAND SA SSN 888888888 YYS ___ UNIQUE
_____ OTHER _________________

Name STONES, DAVID
TEST JR. FSE SUM 96 LSE FALL
98 Currently Enrolled NO Sch NATURAL
SCIENCES Audited YES Majr COMPUTER SCIENCES


Local
Address To view Degrees University AD1
10050 GREAT HILLS TRAIL 1615 Honors, space over
the Y's AD2
CSZ
AUSTIN TX 78759 Degrees Y
Phone [phone] Updated 6/18/99 University
Honors Y
Sem Degree Expected 20002
Permanent Address
AD1 1312 GLASS
AVENUE
AD2 Birthdate 11/04/46
CSZ DIBOLL TX 75941
Phone [phone] Updated 6/18/99
Class SENIOR Email updated 6/18/99

jay_sims_at_hotmail.com


PF6Help PF7Main
menu PF5Sub menu PF8Exit PF9 ADM___ Data
_____________
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As of 10/98 the following items are no longer
considered directory information

• Gender
• Ethnicity
• Marital status
• Attendance records of students in individual
  courses

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What is confidential?

• Everything which is NOT defined as directory
  information is confidential and cannot be
  released without the express, written permission
  of the student.
• This includes everything in a students academic
  record.

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Examples of Confidential Information from the
Academic Record

• SSN or Student ID
• Grades
• Scholastic status
• Number of hours earned
• Schedule of classes
• Transfer work
• Parents name

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Restricting Directory Information

• MAY BE RELEASED

• IS CONFIDENTIAL

Academic Record
Directory Information
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Restricting Directory Information

• Notice that a student may restrict his/her
  directory information is published each year by
  the Office of the Registrar in the General
  Information catalog
• At the beginning of each semester, a notice is
  placed in the Daily Texan by the Office of the
  Registrar to inform students about this option
• The Office of the Registrar restricts directory
  information for those students who are currently
  enrolled
• Currently enrolled students restrict their
  directory information by presenting a photo I.D.
  and completing a form
• Students are instructed to restrict their
  directory information by the census date
• A list of all students who have restricted their
  directory information is sent by the Office of
  the Registrar to deans, chairs, administrative
  officials and other interested parties after the
  census date.

21
gtgt Warning - This student's record is
restricted. ltlt
22
Restricting Directory Information and the
Academic Record

• Students mainframe record is updated within 24
  hours
• The web directory is updated weekly (Thursday
  p.m.)
• We are responsible for honoring directory
  restrictions even if student data is downloaded
  from the mainframe to another system.
• We are responsible for honoring the restriction
  of directory information for students enrolled in
  extension and correspondence courses.

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Consequences of Restricting Directory Information

• All data on a student record becomes
  confidential
• Absolutely no information may be disclosed to a
  third party about the student without their
  express, written permission
• We are instructed to reply to inquiries by saying
  I have no information to provide about that
  individual
• Restriction of directory information remains on a
  record until revoked by the student.

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Restricting Directory Information

• I HAVE NO INFORMATION TO PROVIDE ABOUT THAT
  INDIVIDUAL.

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Statement to Include When Releasing Confidential
Information

• This document contains personally identifiable
  information from a students education records.
  It is protected by the Family Educational Rights
  and Privacy Act (20 U.S.C. 1232g) and may not be
  re-released without the consent of the student.

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Writing a ReleaseWhat should be included?

• The record(s) to be released.
• The purpose of the disclosure.
• The party or class of parties to whom the
  disclosure may be made.
• The release must be signed and dated by the
  student.

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Exceptions to FERPA

• Companies providing or servicing student loans
• Federal agents
• Institutions in which a student has an intent to
  enroll
• Parents of (IRS) dependent students

• Some subpoenas
• Accrediting organizations or some entities
  conducting educational studies
• Agencies or people who have the written
  authorization of the student

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Subpoenas
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E-mail and Telephone Inquiries

• The Office of the Registrar does not release
  confidential information via the telephone or via
  e-mail.
• Confidential information may be disclosed over
  the telephone only if you have ensured that are
  speaking with the student.
• Whenever releasing information ALWAYS error on
  the side of caution.

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Faculty Dos and Don'ts

• Do not list full social security numbers on
  attendance rosters.
• Do not leave a stack of papers or exams for
  students to pick up.
• Do not discuss grades with parents without
  students express written permission.
• Do not disclose grades via e-mail.
• Do not disclose grades over the phone (unless you
  have confirmed the students identity).

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Faculty Dos and Donts (Cont)

• Do not post grades with any identifying
  information, including the students name, social
  security number or ID number.
• Grades may be posted by the last four digits of
  the student number.
• Grades should not be listed in alphabetical
  order.
• SHRED (do not recycle) material which contains
  confidential information.

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Family Policy Compliance Office

• U.S. Department of Education
• 400 Maryland Avenue, SW
• Washington, DC 20202-4605
• Phone [phone]
• Fax [phone]
• Web site http//www.ed.gov/offices/OM/fpco/
• E-mail FERPA_at_ed.gov

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Family Educational Rights and Privacy Act of
1974, as amended

• Basic rights under FERPA
• Educational Record
• Legitimate educational purpose
• Disclosure to a third party
• Directory information
• Academic record
• Restricting directory information
• Written releases