Transcript FERPA - Muhlenberg College

FERPA
Family Educational Rights
and Privacy Act
How much do you know about FERPA?
Take the FERPA Quiz Challenge!!
Please answer True or False for the following questions:
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_____ Education records include only those records contained in a student’s
permanent file.
_____ A student has a right to inspect his or her educational records within
10 days of the request.
_____ Faculty/staff have a right to inspect and review the education records
for any student.
_____ An advisor does not have to allow a student to inspect and review her
personal notes about the student that are held in a file in the desk of the
advisor’s office.
_____ If a student is a dependent, Muhlenberg is required to give his/her
parents information.
_____ Directory information can be released without consent of the student.
_____ Graded homework may be placed outside faculty offices for students
to pick up if placed in some sort of container.
_____ Muhlenberg must annually notify students of their rights under FERPA.
_____ Admissions records are “education records,” therefore covered under
FERPA.
_____ Sally Student has just been found in violation of the college’s alcohol
policies. Her RA could contact her parents about this issue without her
permission.
Family Educational Rights and
Privacy Act of 1974
“A Federal law designed to protect the
privacy of education records, to establish
the right of students to inspect and review
their education records, and to provide
guidelines for the correction of inaccurate
and misleading data through informal and
formal hearings.”
This Act is enforced by the Family Policy
Compliance Office, U.S. Department of
Education, Washington, D.C.
The Essence of the Act
College Students must be permitted to
inspect their own education records.
 School officials may not disclose
personally identifiable information about
students nor permit inspection of their
records without written permission (unless
such action is covered by certain
exceptions permitted by the Act).
 College Students must be given the
opportunity to challenge the accuracy of
their educational record.
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What is an Education Record?
Any Record (with certain exceptions)
1. Maintained by an institution
2. Directly related to a student: can contain a
student’s name or information from which an
individual student can be personally identified.
3. Includes files, documents, and materials in
whatever medium (handwriting, print, tapes,
computer files, microfiche) which contain
information directly related to students and
from which students can be personally
identified.
What an Education Record is
Not!
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Sole possession record
Law enforcement unit record
Employment record
Medical record
Alumni record
When does an Education Record
begin?
Persons who applied for admission but
were not accepted have no rights under
FERPA.
 At Muhlenberg applicants are not
considered students and do not have
FERPA rights.
 An Education Record and FERPA rights
begin when a student is registered for
classes.
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Protecting Education Records
Be careful not to allow others access to
student information.
For example:
1. Don’t post grade information
2. Don’t post using an SSN or Berg ID
3. Don’t leave graded material where it is
accessible to individuals other than the
student
Directory Information
Information not normally considered a
violation of a person’s privacy
 Students must be notified of the items of
Directory Information
 Students must be given the opportunity to
request that Directory Information not be
released. This right of non-disclosure
applies to Directory Information only.
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Muhlenberg’s Directory Information
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Student’s name
College mail box and telephone number
Permanent home address and telephone number
Email address
Class year
Major field of study
Student status (full-time/part-time)
Dates of attendance
Degree(s) and or awards received
Participation in officially recognized College activities
(including but not limited to intercollegiate athletics)
Height and weight of student athletes
Directory Information can NEVER
be:
Race
 Gender
 Social Security Number
 Student Identification Number
 Grades
 GPA
 Country of Citizenship
 Religion
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Directory Information
It is important to remember that “directory
information” is defined
 If a data element isn’t defined as “directory
information” it isn’t directory information
and can only be released if the student’s
written permission is obtained or the
release can be justified under one of the
exceptions to students’ written permission
found in FERPA.
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Requirements for Compliance
What we must do ...
 Provide annual notification to students of
their FERPA rights
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College catalog
Student Policy and Resource Guide
Registrar’s Web Site
Requirements for Compliance
Provide annual notification to students of their right
to:
1. Inspect and review their education records
2. Request an amendment to their education
records
3. A hearing if the request for an amendment is
unsatisfactory
4. Request that the institution not disclose
directory information items about them
5. File a complaint with the U.S. Department of
Education
Requirements for Compliance
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Students should know that School Officials
within the institution may obtain
information from education records without
obtaining prior written consent.
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Students should know that while they must
authorize disclosure of their education
records, they do not have the right to deny
release of their records in cases where
FERPA authorizes disclosure without
consent.
School Officials
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Employed by the College in an administrative,
supervisory, academic, research, or support staff
position (including law enforcement and health
staff personnel)
Elected to the Board of Trustees
Company employed by or under contract to the
College to perform a special task such as the
attorney, auditor, or collection agency
Student serving on an official committee, such
as a disciplinary or grievance committee, or
assisting another school official in performing his
or her tasks (including work study students)
Legitimate Educational Interest
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The demonstrated need to know by those
officials of an institution who act in the
student’s educational interest, including
faculty, administration, clerical and
professional employees, and other
persons who manage student record
information.
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Although FERPA does not define
“legitimate educational interest,” it states
that institutions must specify the criteria for
determining it.
Muhlenberg’s Definition of
Legitimate Educational Interest
A school official has a legitimate
educational interest if the official
needs to review an education record
in order to fulfill his or her
professional responsibility.
Requirements for Compliance
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Provide students access to their
education records. They have the right to
inspect and review within 45 days of the
request to inspect.
Limitations on the right to inspect
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Parental financial information
Confidential letters and recommendations to
which the student has waived his/her right of
inspection
Education records containing information
about more than one student
“Must” release information
Institutions MUST disclose education
records to students who request the
information from their own records.
This is the only example in FERPA where
we MUST release information about a
student.
Student’s Written Permission
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Institutions shall obtain written consent
from the student before disclosing any
personally identifiable information from
their education records (with the
authorized exceptions). The written
consent must:
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Specify the records to be released
Identify the party or parties to whom
disclosure may be made
Be signed and dated by the student
What about Parents?
Institutions MAY disclose information about
students to their parents by any of three
procedures:
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By obtaining the student’s written consent
By having the parents establish the student’s
dependency as defined by Internal Revenue
Code of 1986, Section 152
By exercising its disclosure option on any
students under age 21 regarding a violation of
an institutional rule or federal, state, or local
law regarding the use of alcohol or controlled
substance
Say it again
When a student reaches the age of 18 OR
begins attending a postsecondary
institution regardless of age, FERPA rights
transfer to the student.
 Parents may obtain non-directory
information (grades, gpa, etc.) only at the
discretion of the institution AND after it has
been determined that their child is legally
their dependent.
 Parents may also obtain non-directory
information by obtaining a signed consent
from their child.
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What do we do at Muhlenberg?
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First year students are given a form at June
Orientation that allows them to give parents
access to their education records
This data is stored in CapStone and may be
viewed on the web
Before giving a parent any information, check to
see if the student has given permission
If the student has not given permission, you will
not be able to give any information to the
parents until they have submitted their most
recent tax return, showing the dependent status
of their child.
The FERPA Quiz Challenge
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
__F___ Education records include only those records contained in a student’s
permanent file.
__F___ A student has a right to inspect his or her educational records within
10 days of the request.
__F___ Faculty/staff have a right to inspect and review the education records
for any student.
__T___ An advisor does not have to allow a student to inspect and review her
personal notes about the student that are held in a file in the desk of the
advisor’s office.
__F___ If a student is a dependent, Muhlenberg is required to give his/her
parents information.
__T___ Directory information can be released without consent of the student.
__F___ Graded homework may be placed outside faculty offices for students
to pick up if placed in some sort of container.
__T___ Muhlenberg must annually notify students of their rights under
FERPA.
__F___ Admissions records are “education records,” therefore covered under
FERPA.
__T___ Sally Student has just been found in violation of the college’s alcohol
policies. Her RA could contact her parents about this issue without her
permission.
Do you know what to do?
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If there is any question in your mind regarding any
request for education record information, it is always
better to err on the conservative side and ask for
guidance.
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Family Policy Compliance Office
[email protected]
www.ed.gov/offices/OM/fpco.html
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Office of the Registrar
(484) 664-3190
[email protected]
www.muhlenberg.edu/mgt/registrar