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FERPA Basics

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Why is FERPA Important?AND Why should I care? FERPA applies to all institutions that receive federal funds administered by the U.S. Secretary of Education ... – PowerPoint PPT presentation

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Title: FERPA Basics


1
FERPA Basics
  • and Your Responsibility
  • Regarding Your Work At Gallaudet University

2
FERPA BASICS GUIDE CHECK UP
An Overview and Self Inventory
  • This inventory is self paced and designed to
    touch on FERPA basics which are important
  • If you have more than 3 concerns or errors...
    please feel free to repeat this guide and
    self inventory as needed
  • Gallaudet university desires full understanding
    and compliance
  • Review and Test Yourself on FERPA Basics

3
Family Educational Rights and Privacy Act of 1974
The Family Educational Rights and Privacy
Act known as FERPA is a federal law that protects
the privacy of education records for all students
at the university - - The general principle is
that student education records are considered
confidential and may not be released to third
parties (including parents) without the written
consent of the student - - Protected elements of
the students education record include, but are
not limited to, financial data, progress in
courses, class scheduling, grade information, and
academic disciplinary information FERPA is
enforced by the Family Policy Compliance Office,
U.S. Department of Education, Washington, D.C.
4
Q
  • What is FERPA?

Family Emergency Protection Act Federal Education
Protection Act Financial Educational Provision
Act Family Education Rights and Privacy Act
5
The Family Educational Rights and Privacy Act of
1974 (FERPA), also known as the Buckley
Amendment, is a federal law designed to protect
the privacy of, and limit access to, student
educational records.
  • FERPA
  • Is A Federal Law
  • FERPA grants some specific rights to students and
    sets restrictions on how schools may handle
    educational records

6
  • In Other Words
  • FERPA is a federal law designed to protect the
    privacy of, and limit access to student
    educational record information
  • SoWhy is FERPA Important?

7
Why is FERPA Important? ANDWhy should
I care?
FERPA applies to all institutions that receive
federal funds administered by the U.S. Secretary
of Education (financial aid, veterans benefits,
grants, etc) - Institutions found to be in
violation could have these federal funds withheld
Having access to private information or areas
with confidential and educational information
about students is not to be taken lightly under
FERPA, universities are legally and ethically
obligated to protect the confidentiality of
student educational records - - Legal
consequences as well as university consequences
are possible
ALSO REMEMBER to protect all records in transit
whether on campus or in postal mailing.
8
FERPA COMPLIANCE
Is Important
ALWAYS Best NOT to Copy, Share, Photograph,
Record or Release Academic or Confidential
Information Improperly - - Questions Contact
Registrar
9
Education records are directly related to a
student and maintained for all current and former
students - - At Gallaudet this would also include
those students enrolled in MSSD or KDES
What are Education Records?
  • Education records include
  • Graded papers
  • Exams
  • Transcripts
  • Class lists
  • Notes from a conversation with a student
  • Computer screen displaying student information
  • Email containing information about a student
  • Education records do not include
  • Sole possession (lap drawer) records
  • Peer graded papers (not used for a course grade)
  • Online forums (e.g., Blackboard discussions,
    assignment postings and online course chats)
    NOTE Grades should NOT be posted in these
    educational support forums
  • Law enforcement unit records
  • Employment records (unless employment is based on
    student status)
  • Medical records alumni records

Although some records and information maintained
on Gallaudet students may not be considered an
education or academic record, they may be
confidential OR private and therefore all
employees must be mindful of students and others
personal proprietary information rights
10
TYPES of Student Information
  • Directory or Public Information Is information
    contained in the record which would not generally
    be considered harmful or an invasion of privacy
    if disclosed ..
  • Gallaudet University protects even the release of
    directory student information ..
  • ALL requests for student academic and directory
    information should be passed onto the Registrars
    Office..
  • Personally Identifiable and Private Information
    Is generally considered much more sensitive or
    an invasion of privacy if disclosed ..

CAUTION Making records with personal
confidential information will require ongoing
protected access as well as security whether in
the cloud or on the internet - - All digital
student records or reports made under FERPA
require a vendor contract for university
ownership
11
School Officials and Legitimate EDUCATIONAL Need
  • School official
  • A person employed by the university in an
    administrative, supervisory, academic, research,
    or support position (including law enforcement
    personnel and health staff) ..
  • A person or company with whom the university
    has contracted (attorney, auditor, collection
    agent) ..
  • A person serving on the board of trustees ..
  • ALL ARE REQUIRED TO PROVE LEGITMATE_at_ EDUCATIONAL
    NEED PURPOSE WHEN REQUESTING STUDENT
    INFORMATION
  • _at_ Legitimate Educational Need
  • When a verifiable need for specific student
    information is demonstrated is compliant
  • with FERPA and student disclosure rights for
    the information can be determined

12
FALSE only if they have a legitimate
educational purpose
Faculty have a right to inspect education records
of any student attending GU without giving a
proper reason TRUE or FALSE
13
Q TRUE OR FALSE
  • Education records include only those records
    contained in a students permanent file in the
    Registrars Office

14
TRUE IS NOT THE CORRECT ANSWER
  • OTHER STUDENT RECORDS
  • HEALTH - SHS/MHC
  • FINANCIAL AID
  • STUDENT ACCOUNTING
  • ADVISING
  • MAJOR PROGRAM RECORDS
  • JUDICIAL
  • TUTORING
  • CAREER CENTER
  • CAMPUS DB LOGIN/USE

15
TRUE OR FALSE
  • GRADES.. GPA .. or other STUDENT INFORMATION may
    be viewed shared, copied or released publicly at
    any time

16
FALSE is the Correct Answer Students legal
rights are violated when records are not handled
carefully and confidentially Gallaudet
University has an obligation under these laws to
protect a students rights with regard to their
academic and personal confidential information
When in doubt check with the Registrars
Office
ANSWER
  • FALSE

17
Q Who is at risk of violating FERPA?
Q Who is at risk of violating FERPA?
  • Faculty
  • Staff
  • Administrators
  • Students
  • Student Workers
  • Contractors Employees
  • Visitors
  • Others

Who?
Who?
Who?
Who?
18
The MOST Correct ANSWER is
ALL
19
Q TRUE OR FALSE
  • Only the records of currently enrolled students
    are protected by FERPA

20
  • FALSE
  • FALSE
  • FALSE
  • FERPA also protects the records of all former
    students

21
FYI
  • NOTE
  • Education Records May Include Any Record
  • Directly Related To A Student Maintained By The
    University
  • In Any Format Or Medium


22
What DO YOU DO?
ONTO THE NEXT SLIDE
23
are you entitled to under FERPA to view any
records, copy or to re-disclose any information
you inadvertently see or hear to any other party?
You have been granted access to certain offices
with educational records in accordance with your
duties at GU. Since this is information is in an
area where you work
  • YES OR NO

24
The Correct ANSWER is
NO!
  • Only officials that have been assigned and
    granted appropriate work access should be
    viewing, using, discussing and properly sharing a
    record to complete a university work related task
    or duty

25
  • Scenario Q
  • Local police call, a person claiming to be a
    student has been arrested
  • The police have a policy of releasing an arrested
    student for minor infractions and if they can
    verify that the person is a student
  • Can you give out any information on this student?

26
You should respond I have no information that
I can release on that individual I will
transfer your call to the Registrars Office
You will be honoring the students FERPA
rights and be FERPA compliant for yourself as
well as Gallaudet NOTE Under FERPA once a
block on information is requested,
confidentiality FERPA Blocks stay in force
until the student revokes it in writing
REVOCATIONS MUST BE SUBMITTED WITH THE ABILITY
TO AUTHENTICATE THE STUDENT OR ALUMNI WITH NO
DOUBT CONCERNING THEIR ID OR DATED SIGNATURE
27
Private Academic Information
  • Some examples of information protected by FERPA
    include
  • University ID number
  • Social security number
  • Birthdate
  • Grades/exam scores
  • GPA
  • Current class schedule
  • Parent name and address
  • Race/ethnicity
  • Gender
  • Country of citizenship
  • Religious affiliation
  • Disciplinary status
  • Marital status
  • Test scores (i.e., SAT, GRE, etc.)

28
FERPA Quick Academic GUIDE
  • NO POSTING OF ..
  • NO SHARING OF..
  • REGARDING EMAILS..
  • Student ID s
  • Test Scores
  • Course Grades
  • GPA
  • Evaluations
  • Student Personal Proprietary Information (PPI)
  • Email Addresses
  • Advisory Information
  • Peer Evaluations
  • DO NOT RELEASE Record Information via Email /_at_
  • Full Name, ID or Any PPI to be Excluded from
    Email Subject Lines
  • Student Named Advisory Information in a Group
    Email
  • Group Departmental Emails w/o Using BCC
    Distribution

Student records are released from the
Registrars Office - - PPI Personal Proprietary
Information - - Confidential Information - - An
inappropriate release of information could harm a
student if they have a need for confidentiality
or result in a violation of federal law and
trigger a federal FERPA audit
29
CAUTION WITH CONFIDENTIAL or PRIVATE INFORMATION!
  • AVOID being exposed to student information or

    records not considered your university work - -
    Curiosity
    does NOT qualify as a legal right to know
  • Legally that information how it is released may

    not be within your realm of work duties or
    responsibilities
  • Employees need to use restraint with regard to
    sharing, copying/scanning and even digitally
    conveying information in any way with others or
    by any public disclosure

BEST PRACTICES FOR NON-EDUCATIONAL OR STUDENT
SUPPORT STAFF BE SURE THE OFFICE STAFF ARE
WITHIN THE OFFICE BEFORE ENTERING TO ATTEND TO
YOUR DUTIES - - THIS WILL HELP INSURE YOU ARE NOT
CONSIDERED IN ANY WAY RESPONSIBLE IF THERE IS A
FERPA COMPLIANCE CONCERN, VIOLATION REVIEW OR
INVESTIGATION BY FEDERAL OFFICIALS
30
AVOID
CAUTIONS
  • Accessing information not directly germane or
    relevant to your specifically assigned tasks /
    duties as an employee
  • Disclosing, discussing and/or providing
    confidential information to any individual not
    authorized to view or access that data, including
    but not limited to third parties, volunteers,
    vendors and other university employees - - This
    includes digital copying, conveyance or sharing
  • Being reckless, careless, negligent, or improper
    in handling of office materials, disposal of
    waste which may contain printed documents and
    reports containing confidential information
  • Viewing an open computer monitor and then using
    it with any files, databases exposed, possibly
    deleting or altering information without
    authorization
  • Generating and/or disseminating false or
    misleading information
  • Using information viewed or retrieved from the
    systems for personal or any other unauthorized or
    unlawful use
  • Employees who have been assigned personal access
    codes to work with systems that generate - store
    or manage confidential information bear the
    responsibility for preserving the complete
    confidentiality of such codes to ensure against
    unauthorized use by any other person
  • Employees who negligently or intentionally share
    their system passwords or accounts with anyone
    else for any reason will be held responsible for
    any resulting misuse of the system by others
  • Employees who have any reason to believe or
    suspect that someone else is using their personal
    access codes must immediately notify their
    supervisor and Registrars Office
  • Employees are prohibited from logging onto
    University data bases and administrative systems
    with their personal access codes and then
    permitting another person to access information
    in those data bases and/or systems

BE AWARE YOU WILL BE HELD ACCOUNTABLE - - It is
Important to NOT Avoid Your Responsibility to
Gallaudet University Policies Federal Laws
(FERPA, Privacy HIPAA)
31
Education Records Release Exceptions
  • The university will not release personally
    identifiable information from a student's record
    without the student's prior written consent
  • Even parents are not permitted access to their
    son or daughter's records unless the student has
    provided written authorization for the specified
    information each time needed - - This also
    includes other family members and spouses - - An
    annual copy of the income tax return proving a
    students dependent status may also be submitted
    and be in the Registrars student files for
    semester requests for grades or transcripts for
    their son or daughter
  • Exceptions are all determined to have
    a "legitimate educational need or involves the
    work responsibilities as determined by the
    university for a university official such as
    awarding financial aid, records updating, 3rd
    party certifications and legal subpoenas
  • Point of release for students academic record or
    personal information should always be the
    Registrars Office
  • Students may have FERPA Blocks or holds on the
    release of academic or personal information
  • An inappropriate release of information could
    harm a student if they have a need for
    confidentiality or result in a violation of
    federal law and trigger a federal FERPA audit
  • Confidential academic information such as
    grades or transcripts should be via a secure
    encrypted controlled single release only

32
An unauthorized staff person retrieves
information from a computer screen that was left
unattended. Under FERPA, is the staff member
and the institution responsible?
YES OR NO
33
The Correct Answer is
YES!
  • Remember only authorized university officials
    have access to records for their assigned work ..
  • Anyone seeking to view, copy, use or alter
    records without the proper authority to be
    working with records should be reported to the
    University Registrar ..
  • All that have mishandled information from a
    record no matter they type of record puts the
    university at risk of non-compliance under FERPA
    as well as privacy violations ..

34
  • Should you enter an office with confidential
    records in varied formats even if you have a key
    for that office without any staff that work in
    that office being in the office?

YES OR NO
35
YES IS NOT THE CORRECT ANSWER
36
The Correct ANSWER is
NO!
  • It is always best for employees with keys and
    access to offices with confidential records.. to
    only enter these offices when regular office
    staff are with you.. Office staff can vouch for
    your time and activity in the office as well as
    possibly be able to prevent an investigation
    into your work ethics and movement within their
    assigned work offices..
  • When a violation occurs anyone on campus with
    access to the area(s) of concern can be in
    question ..

37
YES OR NO
  • Can any employee view, use or make copies of
    student records?

38
The Correct Answer is NO! Student records have
compliance limits for copying, sharing and use.
39
As communication devices are with us all the
time Including digital internet connected
devices
  • SHOULD YOU use a smart phone in the area of an
    office with records or confidential meetings ?
  • CONFIDENTIAL AREAS INCLUDE The Registrars
    Office, Financial Aid Office, Student Financial
    Services Office, SHS, MHC, Academic Advising,
    Career Center, Judicial Board, BOT, MSSD, KDES
    and DPS.
  • NOTE Privacy should be afforded in conference
    areas being used by faculty, faculty senates,
    university administrators or student support
    offices, classrooms used for class instruction,
    tutoring, private student advisory conferences/
    meetings. library areas for research,
    instructional science labs, computer labs used
    for work, online courses, personal
    communications, judicial board, SBG, other
    closed door organizational meetings and athletic
    team training meetings.
  • ALL these can present privacy concerns with
    digital smart technology around.

40
YES is not the correct answer!
See on the next slide
41
Is the Correct Answer
NO
NO is the correct answer because all current
technology is capable of capturing images, video,
conversations other information that may breach
FERPA and privacy law requirements
FERPA, HIPPA, PII and other federal laws, rules
and policies hold institutions to a high standard
to protect personal privacy as well as personal
confidential, academic , health, employment,
judicial/legal and other records .
GO TO THE NEXT SLIDE
NOTE THIS IS ALL THE SAME KIND OF PRIVACY
ACCORDED TO YOU WITH YOUR PERSONAL RECORDS HELD
BY A BANK, A DOCTOR, LAWYER OR YOUR EMPLOYER.
THEY ARE NOT THERE FOR OTHERS TO USE OR COPY.
42
  • What is the best thing to do with digital
    internet devices such as your smart phone?

43
Warning THE PATHWAYS FOR BREACHING STUDENT
CONFIDENTIALITY, (WHETHER DUE TO SIMPLE
CARELESSNESS OR INADEQUATE SECURING OF RECORDS,
DISCARDING OF RECORDS , TAKING RECORDS, RECORDING
INFORMATION INAPPROPRIATE USE OF TECHNOLOGY)
CONTINUE TO MULTIPLY AS TECHNOLOGY ADVANCES -
SUCH ACTIVITIY ACTIONS ALL HAVE CONSEQUENCES
44
SMART PHONE DIGITAL INTERNET DEVICES TIPS
WARNINGS!!
  • BEST PRACTICES
  • It is best not to use smart phones in any
    academic or confidential area
  • You may need to pocket your phone and limit use
    to after leaving a confidential/record office,
    meeting, classroom/lab or library areas - - Cover
    camera eye sights on digital internet connected
    laptops, tablets and wrist devices in
    confidential areas as current technology allows
    for remote activation
  • Scanning and facsimile copiers should be
    digitally wiped clean same as PCs and lap tops
    before releasing to a vendor or individual to
    protect any saved academic and personal
    confidential information
  • E-Discovery is a technological
    investigative tool that the feds use with all
    digital and internet connected devices to
    track or determine fraud, electronic
    digital copying, audio /video taping, illegal
    activity and all related communications

45
REGISTRARs END NOTE
  • The FERPA BASICS GUIDE FERPA CHECK UP ARE
    reference tools to help you engage in
    understanding FERPA as well as other confidential
    privacy considerations on campus.
  • You are welcome to use these campus tools at any
    time
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