Transcript Rights and Privacy Family Educational Act

Family Educational Rights and
Privacy Act
FERPA
FERPA
• The Family Educational Rights and
Privacy Act of 1974, as amended, sets
forth requirements regarding the privacy of
student records and affords students
certain rights with respect to their
education records.
Student Rights
1. Inspect & review education records
2. Seek to amend education records
3. Consent to the disclosure of records
4. File a complaint
Who is a Student?
• A student is any individual who is or has
registered for classes at UNLV
-and• Regarding whom UNLV maintains
education records
Who is a Student?
• Applies to records of all students
regardless if they are non-degree seeking,
taking non-credit courses, etc.
Education Records
• Records that contain information directly
related to a student
-and• Are maintained by an educational agency
or by a party acting for the agency
Education Records
• Records can exist in any medium, including
handwriting, film, e-mail, etc.
• Examples:
– Admissions information for enrolled students
– Biographical info including place of birth, gender, and
nationality
– Courses taken, grades, written exams, academic
activities
– Disciplinary records
– Student account and financial aid records
Education Record
• FERPA deals with records, not
information!!
• However, FERPA does not regulate how
long a record is maintained.
Education Records
• Does not include:
– Sole possession records such as memory aids
– UNLV law enforcement records made for law enforcement
purposes
– Medical and counseling records maintained in course of
treatment and disclosed only to those providing treatment
– Alumni records that do not contain information about the person
as a student
Student Rights
1. Inspect & review education records
2. Seek to amend education records
3. Consent to the disclosure of records
4. File a complaint
1) Right to Inspect & Review
Records
•
Students can submit a written request to the
appropriate custodian of record to review their
education records.
–
The Custodian of record is the officer:
1. authorized to speak for UNLV concerning the specific kind
of record
2. responsible for maintenance of the specific kind of record
3. determines whether information in a file may be released
Type of Record:
Custodian of Record:
Application for Admission
Director of Admission
Official Academic Record
Registrar
Advising Records
Academic Deans and Departmental
Administrators
Discipline Records
Vice President for Student Life
Athlete Records
Director of Intercollegiate Athletics
Financial-assistance Records
Director of Student Financial Aid
Services
Records related to on-campus housing
Assistant Vice President of Student Life
1) Right to Inspect & Review
Records
•
Records containing confidential
information should only be released by
the office having primary responsibility
for maintaining that information.
1) Right to Inspect & Review
Records
• UNLV must display the record within 45
days of receiving the request.
– Copies of records are only necessary if failure
to do so would effectively deny access
• (e.g., student is not in commuting distance)
1) Right to Inspect & Review
Records
• Limitations:
– Financial Records of a parent
– Confidential letters and recommendations if the
student has waived their right to inspection.
– Records with information about more than one
student. Only information about the student may be
inspected.
2) Right to Seek to Amend Education
Records
• Student may ask the Custodian of Record
to amend records they believe are
– inaccurate
– misleading
– in violation of their rights of privacy
2) Right to Seek to Amend Education
Records
• The custodian of record shall decide
whether to amend the record in a
reasonable amount of time
– Student should be informed of their right to a
hearing if the custodian decides not to amend.
3) Right to Consent to the Disclosure of
Records
Directory vs. Non-directory Information
• Directory Information:
– Not considered harmful or an invasion of
privacy if disclosed.
• May be disclosed without student consent
Directory vs. Non-directory Information
• Directory Information:
•
•
•
•
•
•
•
•
•
•
•
Name, address, and telephone number
Academic major, class & college
Full or part-time status
Academic and other honors received
Participation in officially recognized activities/sports
Heights/weights of members of athletic teams
Name of other academic institutions most recently attended
Dates of attendance
Leadership positions in UNLV organizations
Photographs
Email address
Directory vs. Non-directory Information
• Students may restrict the release of
Directory Information by completing a
form.
Directory vs. Non-directory Information
• DIR-RELEASE:
Y
– Allow release of directory information.
• DIR-RELEASE:
E
– Removed for commercial purposes.
• DIR-RELEASE:
C
– Removed for non-commercial purposes.
• DIR-RELEASE:
N
– Removed for com and non-commercial purposes
Directory vs. Non-directory Information
• Non-Directory Information
–
–
–
–
–
–
–
–
–
Place and Date of birth
Social Security Number
Financial records
Residence status
Marital status
Academic records (such as grades, GPA, class rank)
Academic and Disciplinary actions
Race/ethnicity
Country of citizenship
3) Right to Consent to the Disclosure of
Records
• Non-Directory Information can only be
released in the following circumstances:
– Student provides a signed and dated written
consent that includes:
• Records that may be disclosed
• Purpose of disclosure
• Parties or class of parties to whom disclosure may
be made
Release of non-directory information
continued…
– To a school official with a legitimate
educational interest
– To schools in which a student seeks or
intends to enroll
– In connection with financial aid
Release of non-directory information
continued…
– To parents of a dependent student
• Must submit evidence that parents declare student
as a dependent on their most recent Federal
Income Tax form
Parents
• Parents have no inherent rights
• Records may only be released if:
– Student has given written consent
– To comply with a subpoena
– Parent has demonstrated that their child is a
dependent student
Release of non-directory information
continued…
– To comply with judicial order or subpoena
– To Federal, State, and local authorities conducting an
audit, evaluation, or enforcement of education
programs
– To accrediting organizations
– To organizations conducting studies on behalf of
educational institutions
Release of non-directory information
continued…
– Results of a disciplinary hearing to an alleged victim
of a crime of violence
– Final results of disciplinary hearing concerning a
student who is an alleged perpetrator of a crime of
violence and who is found to have committed a
violation under the institution’s rules
– Disclosure to a parent of student under 21 if the
institution determines that the student has committed
a violation of its drug or alcohol rules or policies
Release of non-directory information
continued…
– In a health or safety emergency
• If it is determined that the information “is necessary
to protect the health or safety of the student or
other individuals” (34 C.F.R. 99.36)
Recordkeeping
• A record of each request for non-directory
information must be made unless made by:
•
•
•
•
The student
A school official with legitimate education interest
A party with written consent from the student
A party with a law enforcement subpoena or court
order which specifies non-disclosure
Recordkeeping
• Record of request and disclosure should be
maintained as long as record is maintained and
should include:
• Parties who have requested or received
information
• Legitimate interest parties had in receiving info
4) Right to File a Complaint
• Students may file a complaint with the
FERPA Office in Washington, D.C.
– Students may contact the Office of the
Registrar & Admissions for information related
to filing a complaint.
Resources
• The Office of the Registrar & Admissions
• AACRAO – www.aacrao.org
• Family Compliance Office of the
Department of Education –
www.ed.gov/policy/gen/guid/fpco/index.html
True/False Quiz
• A student’s degree can be confirmed to
someone outside your college without first
obtaining the permission of the student so
long as the institution identifies “degree”
as directory information.
True
True/False Quiz
• 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 adviser’s office.
True
True/False Quiz
• Admissions records are “education
records,” therefore covered under FERPA.
True
True/False Quiz
• Health records, maintained at the Student
Health Center, are education records,
subject to FERPA.
False
True/False Quiz
• Faculty have a right to inspect education
records of any student attending your
college without giving a reason.
False
True/False Quiz
• Parents may obtain confidential
information from their student’s academic
record if the student is financially
dependent under IRS standards.
True
True/False Quiz
• An institution must release any information
identified as directory information by the
institution to anyone upon request.
False
True/False Quiz
• A student has a right to inspect information
in his or her file in the registrar’s office and
in his or her major department.
True
True/False Quiz
• Sally Student has just been found in
violation of the university’s residence halls’
alcohol policies. Her hall could contact her
parent about the issue without her
permission.
True
True/False Quiz
• Currently attending students of an
institution of higher education have the
right under FERPA to request that all of
their education records not be disclosed
and the institution must comply.
False