Transcript Student Coaches and FERPA - Michigan State University

FERPA Overview for
CANR Business Managers
Rob Kent, MSU Assistant General Counsel
October 7, 2014
What is FERPA?
The Family Educational Rights and Privacy Act
Gives students control over their
“education records”.
Right to:
1. Privacy
2. Inspection
3. Amendment
What is an
“education record”?
Records:
1. Which contain personally identifiable
information about a student; and
2. Are maintained by the University or by a party
acting for the University
What is Personally
Identifiable Information (“PII”)
“Personally identifiable information”: includes, but is not limited to:
(a) The student’s name;
(b) The name of the student’s parent or other family members;
(c) The address of the student or student’s family;
(d) A personal identifier, such as the student’s social security number,
student number, or biometric record;
(e) Other indirect identifiers, such as the student’s date of birth, place of
birth, or mother’s maiden name;
…and
(f) Other information that, alone or in combination,
is linked or linkable to a specific student that would
allow a reasonable person in the school
community, who does not have personal
knowledge of the relevant circumstances, to
identify the student; or
(g) Information requested by a person who the
educational . . . Institution reasonably believes
knows the identity of the student to whom the
education record relates.
education records could
include…
• Academic records
• Financial aid records
• E-mail
• Interdepartmental communications
• Student employment records
What is not an education
record?
• Sole possession records
• Law enforcement records
• Employment records (unless contingent
on attendance)
• Medical records
• Alumni records
• Admission records to programs where
student not accepted
Welcome “School Officials”!
FERPA allows MSU to
designate certain individuals
as “school officials”…
you are now a School Official!
When can I share/disclose
PII?
ALWAYS with
School Officials with a
legitimate educational
interest:
• Students’ Professors,
TAs, Counselors,
Registrar, Athletic
Coaches
When can I share/disclose
PII?
ALWAYS with
The student him/herself.
When can I share/disclose
PII?
Directory Information…
Unless student optedout of disclosure with
the Registrar’s office
Use the Registrar’s website
https://www.reg.msu.edu/ROInfo/Notices/PrivacyGuidelines.aspx
DIRECTORY INFORMATION = Information not
generally considered harmful or an invasion of
privacy if disclosed. At MSU…
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Student’s name;
Student’s local address (if listed);
Student’s local phone number (if listed);
MSU NetID e-mail address (if listed);
Student’s permanent address (if listed);
Student’s permanent telephone number (if
listed);
Current enrollment status or dates of
attendance;
Program level (undergraduate, graduate,
professional);
Class (freshman, sophomore, junior,
senior, etc.);
Major field of study;
Current term candidacy for degree and/or
teacher certification;
Employment status as a graduate teaching
or research assistant, office address and
office phone number;
•
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Information pertaining to awards and
honors achievements;
Degree(s) earned from Michigan State
University and effective date(s);
Participation in officially recognized
University activities and sports, including
weight and height of athletic team members;
The most recent educational agency or
institution attended;
The registration documents of student
organizations which contain the names and
addresses of the officers and the statement
of purpose of the organization.
Consent for Disclosure
• With limited exceptions, a student must provide
a signed and dated written consent before the
University may disclose education records.
• The consent must:
– Specify the records that may be disclosed;
– State the purpose of disclosure; and
– Identify the party to whom disclosure may be
made.
Exceptions to Consent
•
A student’s prior, written consent is not needed to disclose information from
education records to:
– School officials with “legitimate educational interests” (need-to-know).
• A school official has a “legitimate educational interest” in education records if
the information or record is relevant and necessary to the accomplishment of
an employment or other University task, service or function.
– The student.
– Schools in which a student seeks or intends to enroll.
– Federal, state, and local authorities conducting an audit, evaluation, or
enforcement of education programs.
– Organizations conducting studies on behalf of educational institutions.
– Comply with a judicial order or subpoena (reasonable effort to notify).
– In a health or safety emergency.
– To parents of a dependent student (not MSU practice).
Exceptions to Consent
continued
– In connection with financial aid.
– Directory information.
– Results of a disciplinary hearing to an alleged victim of a crime of
violence.
– Final results of a disciplinary hearing concerning a student who
is an alleged perpetrator of a crime of violence and who is found
to have committed a violation of the institution’s rules or policies.
– Disclosure to parent of a student under 21 if the institution
determines that the student has committed a violation of its drug
or alcohol rules or policies.
– Disclosure of information received under a community
notification program concerning a student who is required to
register as a sex offender in the State.
When can I share/disclose
PII?
Police, Fire, EMS during
a health or safety
emergency
Personal
Knowledge/Observations
FERPA only applies to records.
If you think a student is
behaving oddly, has a change
in temperament, or you are
otherwise worried about the
student, GET HELP.
You could start with other
School Officials, but if the
situation seems urgent,
disclose as broadly as
necessary.
Redisclosure of PII?
NOPE
Just because the
information is already
out there, doesn’t mean
you get to share it
again.
PII Security
Keep all Education
Records in a locked or
password-protected
space.
Accidental Disclosure of PII
Tell your supervisor,
chair, etc.
QUESTIONS?
Contact Information:
Rob Kent
MSU Office of the General Counsel
517-353-3530
[email protected]