Transcript Family Educational Rights and Privacy Act “FERPA”

FAMILY EDUCATIONAL
RIGHTS AND PRIVACY ACT
“FERPA”
WHAT IS FERPA?
Family
Educational
Rights and
Privacy
Act of 1974 protects the privacy of student
educational records.
FERPA applies to any higher education
institution receiving federal funds
administered by the Department of
Education.
FERPA REGULATIONS
• FERPA law and regulations are found at
the following citations:
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U.S. Code: 20 U.S.C § 1232g
CFR : 34 CFR Part 99
www.ed.gov (type in keyword: FERPA)
Also see Policy & Procedure 09-08-01
WHO IS PROTECTED UNDER
FERPA?
Students who are currently enrolled in higher
education institutions or formerly enrolled,
regardless of their age or status in regard to
parental dependency.
Students who have applied but have not
attended an institution do not have rights under
FERPA.
RIGHTS OF STUDENTS
• Inspect and Review their Education
Records
• Exercise limited control over disclosure
of Education Records information
• Seek to correct their Education
Records
• Report violations of FERPA to the
Department of Education
• Be informed of their FERPA rights
EDUCATION RECORDS
“Education Records”
generally include any
records which contain
information directly
related to the student that
is in the possession of the
University. The records
may be in printed form,
handwritten, computer,
magnetic tape, e-mail,
film or some other
medium.
WHAT IS NOT INCLUDED IN
AN EDUCATION RECORD?
• Records or notes in the sole possession of educational
personnel not accessible to other personnel (i.e.
contained in a faculty member’s notes)
• Law enforcement or campus security records (Pitt Police
records)
• Records relating to individual’s employment by the
University (Work Study records ARE educational
records)
• Medical treatment records (made or maintained by a
Physician, Psychiatrist, Psychologist or related
paraprofessional)
• Alumni records
• Peer-graded papers
LIMITATIONS ON
STUDENT’S RIGHT TO INSPECT
AND REVIEW
Students may review their records by submitting a written
request to the appropriate Record Custodian.
1.
The Student is not permitted to inspect and review
financial records of his/her parents.
2.
The Student is not permitted to inspect and review
confidential letters and recommendations in their
education record (if the student signed a waiver).
The items listed above are to be removed from the
file prior to the student’s review of his/her
education record.
LIMITATIONS ON
STUDENT’S RIGHT TO INSPECT
AND REVIEW
3.
Copies are not required unless it is unreasonable for
the student to come in and inspect his/her records.
4.
The University is responsible to provide the student’s
records for inspection no later than 45 days after
requested.
Disclosure
Written
Consent
Of
Student
Disclosure
To
Parents
Other
Disclosure
Exceptions
WRITTEN CONSENT OF STUDENT
Voluntary written consent of Student to specific
third parties. Document should be signed and
dated by the Student and state the following:
--Specific records to disclose
--Identity of party to whom disclosure is to be
made
The consent will remain valid until the student
requests that it be revoked.
Sample form at Policies & Procedures page –
Procedure Exhibits.
Disclosure
To Parents
When Student is financially dependent
on Parents as defined under Section
152 of Internal Revenue Code.
(Claimed as a dependent on Parent’s
federal tax return)
When Student violates any Federal,
State or Local law, or any rule or policy
of the University governing the use or
possession of alcohol or controlled
substances if, the Student is under 21,
and the Student has committed a
disciplinary violation.
(Judicial Board)
DISCLOSURE EXCEPTIONS
University Faculty, Staff and Administrators with a “legitimate
educational interest”; designated contracted service providers
Federal, State and Local Education Authorities involving
an audit or evaluation of compliance with Education Programs
Results of disciplinary hearing to alleged victim of a crime of
violence, such as an assault or sex offense
Educational institutions where student seeks or intends to
enroll
Judicial Order or Subpoena (student is
usually notified)
Health or Safety Emergency
Processing Financial Aid
Directory Information
WHAT IS DIRECTORY
INFORMATION?
The University may disclose information about a
student without violating FERPA through what is known
as “directory information”.
Annually the University is required to notify students
in attendance of what information constitutes “directory
information.” This notice must also provide procedures
for students to restrict the University from releasing
his/her directory information. This notice is provided in
the annual Student Code of Conduct, on the Registrar’s
website, in University Policy, and published in the
student newspaper.
DIRECTORY INFORMATION
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Student’s name
Student’s address
Telephone number
Place of Birth
Major field of study
Degrees and awards received
Previous educational institutions
Participation in officially recognized sports and activities
Weight and height for athletes
Dates of attendance
Electronic mail address
Student’s photograph
STUDENT’S REFUSAL TO
PERMIT RELEASE OF
DIRECTORY INFORMATION
Student can refuse to permit release of directory information by completing
the form in the student paper or on the Registrar’s website or by forwarding
the following statement to the University Registrar’s office at G-3 Thackeray
Hall:
“I hereby request that no personal information included in my Directory
Information be released.” This request must be signed and dated by the
student with his/her name, address and social security number.
Once this request is received at the Registrar’s office, no future disclosures
will be made without the student’s written consent.
The refusal to permit release of Directory Information is permanent.
A student may rescind this action in-person or by submitting a notarized
request in writing to the Office of the University Registrar.
RECORDKEEPING
REQUIREMENT
• The University is required to keep a record
of each request for access and disclosure
of personally identifiable information from
the education record of each student.
• This record must be maintained with the
education record of each student as long
as the education record is maintained.
FERPA AND
INTERNATIONAL STUDENTS
• International students have the same
rights to inspect their records and request
amendments.
• International students consent to release
of their records to certain governmental
agencies on various forms.
• Cooperate with the Department of
Homeland Security.
RETENTION OF RECORDS
Refer to the General Record Retention
Schedule listed on the University’s
Records Management web site
http://www.library.pitt.edu/libraries/archive
s/records_management.html#Retention
for guidelines on the length of time
required to retain student educational
records.
RETENTION OF RECORDS
Refer to the Financial Record Retention
Schedule listed on the University’s Budget
and Controller’s website
http://www.bc.pitt.edu/frs/FinancialRecord
RetentionSchedule.html
for guidelines on the length of time
required to retain financial records.
CORRECTING
EDUCATION RECORDS
Students are permitted to inspect and review their
Education Records, and to seek to change any part that
they believe is inaccurate, misleading, or in violation of
their privacy rights.
a.
If the requested change falls within the
individual’s Academic Integrity Guidelines,
then Academic Integrity Guidelines shall
control the procedure to follow. FERPA gives
the student the right to correct an inaccurately
recorded grade, not to have the grade
evaluated and changed.
b.
If the requested change is not a violation of
the Student or Faculty obligation, then the
standard access and release of records will
be followed (see University Policy and
Procedure 09-08-01).
RIGHT TO REPORT VIOLATIONS
TO THE U.S. DEPARTMENT OF
EDUCATION
Any complaint filed by a Student regarding a
violation of their FERPA rights is investigated
and processed by the Family Policy Compliance
Office of the U.S. Department of Education. If a
determination is made that the University is in
violation, both the University and the Student will
be advised and informed of the measures to be
taken in order to come into compliance with the
law.
STUDENT’S RIGHT TO
BE INFORMED OF THEIR
FERPA RIGHTS
The University is required to annually
inform student’s of their FERPA rights.
The notification must also indicate the
location of the student’s records and the
procedure to be followed to inspect and
review their record.
Release of Student Educational Records
Under the Family Educational Rights and Privacy Act
Requester
Definition
Ask to
See ID
Verify
Need to
Know
Consult
With
General
Counsel
Obtain
Written
Permission from
Student
The Student
Requesting
His or Her
Own
Records
Any person who
attends or has
attended the
University.
Yes, Check
ID. Have
Student Sign
and Date
request form.
N/A
No, unless
questions
arise
regarding
the request.
Yes, to the extent
that the student is
required to provide
a signed request
form.
Natural Parent,
guardian or
individual acting
as parent in the
parent’s
absence.
Check to see
if student is a
tax
dependent of
the parent.
Check IRS
tax form.
You may.
No, unless
questions
about legal
custody,
dependency
No, if student’s
dependency has
been verified. Yes,
if student is not a
dependent.
Exception for under
21 alcohol/drug
violation or
health/safety
emergency.
University
administrator,
academic or
research
employee.
No, unless
doubt as to
the official’s
identity.
Yes, even for
an official
verify their
legitimate
interest.
No, unless
questions
about
legitimate
educational
interest.
Not necessary if
official has
legitimate
educational
Interest.
Yes.
Media, courts,
lawyers,
educational
authorities, govt.
agencies,
alleged victims of
crimes of
violence.
Yes, if
release of
record turns
on
identity/role.
Maybe.
Yes.
Maybe.
Yes.
Parent or
Guardian
Faculty or
Other
School
Official
Other
Parties
Seeking
Information
Explain
Limits on
Redisclosure
No.
No.
Record
Request &
Action Taken
in Student
File
No.
Only if request
was denied.
Misc.
Student has NO
right to view
confidential letters
or parent’s
financial
information in their
education record.
Check to see if
Student is a tax
dependent of the
parent. Both
parents have equal
access even if
divorced/separated
unless court order
states otherwise.
Keep a record in
the student’s file
where the
request was
denied.
Consult with
supervisor or
Registrar if doubt
to legitimate
interest. OGC can
provide guidance.
Yes, unless
written consent
from student,
directory info or
subpoena that
prohibits
disclosure to
student.
Check whether
student has
requested nondisclosure of
directory
information. This
will be reflected on
PeopleSoft.
DECEASED STUDENTS
• The privacy rights of an individual expires
upon that individual’s death. FERPA does
not apply and it is the University’s
discretion to disclose any information of
the deceased student.
FERPA Questions
• If you have questions not addressed in this
presentation, please contact the University
Registrar’s Office at 4-7600 or the Office
of General Counsel at 4-5674.
• Also, see the Office of the University
Registrar or the Office of General Counsel
websites for further information.