Transcript FERPA Training Workshop

Understanding and
Complying with FERPA
Beloit College
June 2006
What is FERPA?





It stands for the Family Educational Rights
and Privacy Act of 1974.
Also known as the Buckley Amendment.
Protects the privacy of a student’s educational
records.
Applies to all educational agencies or
institutions that receive funds under any
program administered by the Secretary of
Education.
Enforced by the Family Policy Compliance
Office (FPCO) of the U.S. Department of
Education, Washington DC.
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.”
FERPA is applicable to both K-12 and higher
education. The Family Compliance Office is
responsible for both levels of education.
The main difference in FERPA between these two
levels is that the rights ascribed to the “student” at
the higher education level are given to the parents
at the K-12 level. FERPA rights are granted to
parents until their son/daughter reaches the age of
18 or begins attending an institution of higher
education regardless of age.
FERPA is not:
A disease that only Registrar’s Office
workers get.
 A law that only pertains to public
institutions.
 Applicable only to offices that handle
grades.

Why Comply with FERPA?

To protect the college records of students
from unlawful disclosure.

It’s the law.

Failure to comply could result in the
withholding of Federal Funds, including
Student Financial Aid.

Lawsuits caused by violations cost time and
$$$.
Key Terms
Student
 Education Record
 Personally Identifiable
 Directory Information
 School Officials

Rights granted to Students by
FERPA





Right to expect that their education records are
kept confidential
Right to inspect and review education records
Right to seek to amend education records
Right to have some control over the disclosure of
any information, including directory information,
from education records
Right to file a complaint with the Family Policy
Compliance Office (FPCO) of the U.S. Department
of Education, Washington DC, if they feel their
rights are being violated
When do FERPA rights begin and
end for a student?
Rights begin when the student is “in
attendance” as defined by the institution.
 For Beloit College, this means when a
person has matriculated (been admitted,
enrolled in classes, and begun attending
classes for the first time).
 FERPA rights continue after the student
leaves the institution and are only
terminated upon death of the student.

Who is and is not covered under
FERPA?

Students who are or have been in
attendance at a postsecondary
institution are covered under
FERPA.

Applicants who are denied
admission or who never attend are
not covered under FERPA.
What are Education Records?

All records that directly relate to a
student and are maintained by an
institution or by a party acting for the
institution.
Record

“Record” means any information
maintained in any way, including, but
not limited to:
Handwriting
 Video or audio tape
 Computer media
 Film
 Print
 Microfilm and microfiche

What are not Education Records?

Exceptions to “education records”
include:
 Sole
possession records
 Law enforcement records
 Employment records
 Medical records
 Alumni records
What are not Education Records?
(Contd.)

Personal Notes – kept by a faculty/staff
member, if kept in the sole possession of
the one who made the record.
- Sharing personal notes with
another person or placing them in an area
where they can be viewed by others
makes them “education records”.

Law Enforcement Unit Records – maintained
solely for law enforcement purposes &
revealed only to law enforcement
agencies.
What are not Education Records?
(Contd.)

Employment Records – of those whose
employment is not contingent upon being a
student.

Records created as a result of being a student
(work study, graduate assistant, etc.) are
education records.

Medical Records - created by a health care
professional used only for the medical/health
treatment of the student.

Alumni Records - created after student has left
the institution.
Personally Identifiable

Includes Data or information such as:
Parent’s name
 Address of the student or student’s
family
 A personal identifier, such as social
security number or student number
 A list of personal characteristics or other
information that would make the
student’s identity easily traceable

What information might need to
be handled in a secure way?

Items such as:










Registration forms
Transcripts
Student information displayed on a computer
screen
Grades
Student schedules
Class assignments
Class Rosters
Any paper with the student’s SSN on it.
Billing statements
Financial Aid forms
Directory Information
Directory information is:



Information not generally considered
harmful or an invasion of privacy if
disclosed
FERPA provides guidelines for what may
be considered directory information
Each institution may choose, based on
FERPA guidelines, what information it
considers directory information.
Directory Information at
Beloit College includes:


Name
Address and telephone listing (local and
permanent)
 Date of birth
 Dates of registered attendance
 Major field of study
 Degrees and awards received
 Participation in officially recognized activities
and sports
 Weight/height of members of the athletic teams
 Most recent previous educational institution
attended
 Enrollment status (full-time/part-time)
To whom/under what conditions may colleges
disclose personally identifiable information?
•To anyone requesting directory
information only, provided the student
has not requested non-disclosure of
directory information.
•NOTE: Beloit College policy is to
NOT release directory information.
•To anyone per written consent of
student.
When does Beloit College release
student information?
• The Registrar’s Office does VERIFY
directory information, if requested by a
prospective employer, for example.
What may NOT be Directory
Information

Items that can never be identified as
directory information are:
Social Security Number
 Citizenship
 Gender
 Religious Preference
 Grades
 Grade Point Average (GPA)

Who may access Student Information
without obtaining written consent?

Beloit College faculty, staff,
and other designated
officials, who, to carry out
their responsibilities, have a
legitimate educational
interest.
Designated School (College)
Officials are:

Members of the Board of Trustees
 Faculty and staff under contract or appointment to
the College
 College administrators
 Temporary employees, for the period substituting
for an administrative staff or faculty member
 Faculty, staff, and students performing a special
administrative task such as secretaries, clerks,
attorneys, auditors, disciplinary and judicial panel
members, etc. for the period of their performance
as an employee or contractor.
Legitimate educational interest

Legitimate educational interest is defined
as “the need to know” in order to:



Perform an administrative task outlined in
person’s official job duties
Perform a supervisory or instructional task
directly related to the student’s education
Perform a service or benefit for the student
such as health care, job placement, financial
aid, etc.
Who else may access Student Information
without obtaining prior written consent?

Authorized representatives of
the following governmental
agencies, in connection with an
audit or evaluation of a program
or for compliance with
requirements of a program:




U.S. Comptroller General
U.S. Secretary of
Education
U.S. Attorney General
State & Local Educational
Authorities
Who else may access Student Information without
obtaining prior written consent? (Contd.)
•Agents acting on behalf of the institution (e.g.,
National Student Clearinghouse for
enrollment/degree verifications)
•Providers of student financial aid (this does not
include payments made by parents)
•Organizations conducting studies for or on behalf of
educational institutions
•Accrediting organizations (for accrediting purposes)
•Compliance with judicial order or subpoena
•Schools to which student seeks/intends to enroll
Who else may access Student Information without
obtaining prior written consent? (Contd.)
•Parents/legal guardians of students under age 21 when a
student is found in violation of alcohol or controlled substance
policy of the institution (Foley Amendment)
•Anyone, if health or safety emergency exists and the
information will assist in resolving the emergency
•Alleged victim of a crime of violence may obtain results of
disciplinary hearing regarding the perpetrator of that crime
•Anyone requesting final results of an institutional disciplinary
hearing in which the accused has been determined to be the
alleged perpetrator of a crime of violence or of a non-forcible
sex offense (Warner Amendment)
Who else may access Student Information without
obtaining prior written consent? (Contd.)
•Military recruiters who request “Student Recruiting
Information” for recruiting purposes only (Solomon
Amendment). Refer such queries to the Registrar.
•Internal Revenue Service for purposes of
compliance with the Taxpayer Relief Act of 1997
•Authorized representatives of the Department of
Veterans Affairs for students receiving educational
assistance from the agency
•The student
Parents’ Rights under
FERPA
FERPA stipulates:

Parents may obtain directory information.

Parents may obtain non-directory information by
obtaining a signed consent from their child.

Parents who claim student as a dependent under the
Internal Revenue Code may obtain access upon
providing evidence of such dependencies.
NOTE: At Beloit College, it is our policy NOT to
release any information to parents without a
signed release from the student.
TAKE NOTE:

Access to Student information via
Datatel/WebAdvisor or other computer
software does not authorize
unrestricted use of that information.

Curiosity is not a valid reason to view
student information.

Records should only be accessed in
the context of official business.
MORE Important Info:
When in doubt – don’t give it out.
 Refer requests for student
information to the Registrar or
Dean of Students.
 Information about a student may
be released with a signed consent
from the student.
 Information on a computer should
be treated with the same
confidentiality as a paper copy.

More, more important info:

Do not leave confidential
information displayed on an
unattended computer.

Cover or put away papers that
contain confidential information if
you are going to step away from
your desk.
Record Disposal

Records containing Social
Security Numbers or
grades should be
shredded, not just thrown
in the garbage or placed
in an unsecured recycling
bin.
Questions
If you have additional questions, contact the Registrar.