Transcript Technology Challenges to FERPA

The Lion and the Bear
TCNJ ‘s Approach to FERPA Compliance
Facilitator:
David Morales
Associate Director
Records and Registration
Agenda
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FERPA Basics/Overview
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The Current FERPA Business Process
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What is FERPA? -Federal regulations
Student Access to Education Records
Education Records
Directory Information
FERPA Compliance
Annual Notification
FERPA in PAWS
FERPA Policy Compliance Office
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TCNJ student privacy page
FERPA tutorial
What is FERPA?
Family Educational Rights & Privacy Act
aka “Buckley Amendment”
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Federal Statute
Part of a larger body of privacy legislation
Adopted in 1974 and revised numerous
times - Created by the Baby Boomers who are
now the Helicopter Parents
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Guides us on how we manage the privacy
of student records
Institutional Obligations
What is FERPA?
(continued)
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Students Rights under FERPA:
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Right to inspect and review “education
records”
Right to seek to amend education records
Right to have some control over the
disclosure of information from
education records
Right to file a complaint with the US
Department of Education regarding alleged
violations of FERPA rights.
Student Rights
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Under FERPA, all parental rights including
the right to inspect education records
transfer to the student at:
The attainment of age 18 OR
“Attendance” at an institution of
postsecondary education
TCNJ defines attendance as the start of
the student’s first semester!
Education Records
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Contain information which is directly related to a
student and
Are maintained by an educational institution or
by a party acting on behalf of the institution.
Education records can exist in any medium,
including: typed, computer generated,
videotape, audiotape, film, microfilm, microfiche,
digital, electronic, email, and for TCNJ – data
contained in PAWS.
Education Records Exceptions
(not considered education records)
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sole possession records, Notes not shared and
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medical treatment records that include but are
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employment records when employment is not
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law enforcement records used only for that
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post-attendance records, i.e., (alumni records)
used only as a personal memory aid. i.e., Advisor notes
not limited to records maintained by physicians,
psychiatrists, and psychologists
contingent on being a student
purpose
does not relate to the person as a student
Personally Identifiable Information in an
education record may not be released without prior written
consent from the student. Examples of information that
CANNOT BE RELEASED without written consent are:
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religious affiliation
citizenship
disciplinary status
ethnicity
gender
grade point average (GPA)
marital status
SSN/student I.D.
grades/exam scores
What is Directory
Information?
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FERPA has specifically identified certain
information called directory information that
may be disclosed/released without student
consent.
Information not generally considered harmful or
invasion of privacy if disclosed.
What is Directory
Information?
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Name
TCNJ email address
Campus address
Hometown (city & state)
Telephone listing(s)
Degrees and dates received
Honors and awards received
(including Dean's List)
Major(s) and Minor(s) field of
study
Classification (Freshman,
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Date of birth
Dates of attendance**
Photograph
Previous educational institution /
agency attended
Weight/Height of athlete
Participation in officially
recognized activities and sports
Enrollment status
Sophomore, Junior , Senior, Graduate)
** Range of dates of attendance, not the student’s daily schedule
Other Exceptions to
Releasing Education Records
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a) TCNJ school officials
b )in connection with the student's application for or
receipt of financial aid or Veterans Administration
benefits;
c) to organizations conducting studies for educational
and governmental agencies (in which case individual
students are neither identified nor identifiable);
d) U.S. government agencies as listed in Public Law 93380;
Other Exceptions to
Releasing Education Records
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e) parents of a dependent student as defined in the
Internal Revenue Code of 1954;
f) accrediting agencies;
g) to comply with a judicial order or lawfully issued
subpoena;
h) appropriate persons in connection with an emergency
if the knowledge of such information is necessary to
protect the health or safety of a student or any other
person
Permitted Disclosures to Parents
Without Student’s Consent
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Dependents for tax purposes
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May disclose to either parent (natural parent,
guardian, or person acting as a parent)
Health or safety emergency
Use or possession of alcohol or controlled
substance, and there’s a disciplinary
violation, if student is under 21
Annual Notification
FERPA Compliance
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Institutions must annually notify students in
attendance of their rights under FERPA
including
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Right to inspect and review “education records”
Right to seek to amend education records
Right to have some control over the disclosure of
information from education records
Right to file a complaint with the US Department of
Education regarding alleged violations of FERPA
rights.
The annual notification must also
include the following:
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Procedures to inspect and review
education records
A statement that education records may
be disclosed to “school officials” without
prior written consent, including:
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Definition of “School Officials”
Definition of “Legitimate Educational Interest”
http://recreg.pages.tcnj.edu/student-privacy-rights/
TCNJ School Officials
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“A school official is defined as a person employed by the
college in an administrative, supervisory, academic or
support staff position (including campus police, campus
health providers, and student employees); a person or
company with whom the college has contracted (such as
an attorney, auditor, or collection agent); a person
serving on the Board of Trustees; a student serving on
an official school committee such as the All-College
Academic Integrity Board; or a person assisting another
school official in performing his or her tasks.”
“Legitimate Educational
Interest”
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“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 .”
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TCNJ notification of rights under FERPA
Annual Notification Process
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Records and Registration sends out the annual notification
via mass TCNJ email at the start of each semester.
Students are requested to download the ‘Authorization to
Withhold Directory Information form and submit it to
Records and Registration within the first two weeks of the
semester. Its an all or nothing scenario.
R&R manually inputs student’s restrictions on PAWS
Restrictions are maintained until students tells us
otherwise.
Annual Notification Stats
“The Bear-y Real Facts”
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less than a dozen
students respond to the annual
notification to restrict directory
information.
HOW TO IDENTIFY A STUDENT WHO
HAS RESTRICTED THE RELEASE OF
DIRECTORY INFORMATION
On the resulting page, you can search by the following fields:
a. ID = Student’s PAWS ID
b. User ID = Aux Username
c. Title = Auxiliary User’s name
d. Last Name = Student’s Last Name
e. First Name = Student’s First Name
Family Policy Compliance Office
U.S. Department Education
400 Maryland Avenue, S.W.
Washington, D.C. 20202-4605
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FPCO is responsible for all matters related to the
administration of FERPA and the monitoring of FERPA
compliance
FPCO is sensitive to the issues facing Institutions in
FERPA Compliance vis-à-vis technology
FPCO advocated and won legislative approval to use
PINs & other e-signatures to satisfy FERPA consent
requirements.
Special ‘hotline’ email for college administrators ONLY
FERPA on the Web
TCNJ Student Privacy Page:
http://recreg.pages.tcnj.edu/student-privacy-rights/
Tutorial:
http://recreg.pages.tcnj.edu/ferpa-tutorial/
FPCO:
http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html
FERPA Statute:
http://www.law.cornell.edu/uscode/text/20/1232g
FERPA Regulations:
http://www2.ed.gov/policy/gen/reg/ferpa/index.html
Email:
[email protected]