Transcript FERPA - California State University San Marcos

FERPA
Family Educational Rights
and Privacy Act
Presented by
Bridget Blanshan
Interim AVP for Student Affairs &
Dean of Students
Ext. 4935
FERPA Defined
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FERPA is a Federal Law that applies to all
educational agencies and institutions that
receive Department of Education funds
FERPA delineates rights and
responsibilities to students and universities
regarding student records
FERPA & Student Rights
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Students have the right to access their
educational records
Students have the right to request their
records be amended
Students have the right to some control
over the disclosure of their records to third
parties
Transition Time!
Rights assigned to parents in K-12
education transition to the student once
the student enrolls in higher education
Pop Quiz
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Question 1
What about college students who aren’t
18 yet?
Question 2
Who holds the rights delineated by FERPA
when a high school student is also
enrolled in a community college?
Little Words Mean a LOT
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When reviewing FERPA, or any law, pay
close attention to the little words like…
Shall
Must
May
FERPA Vocabulary Words
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Student
Any student enrolled in an institution of
higher education
Parent
Legally recognized parents and guardians
or someone authorized to act in place of a
parent
FERPA Vocabulary Words
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Educational Record
Any record (handwriting, print, tapes, film
or other medium) maintained by a CSUSM
staff member or agent of the university
which is directly related to a student.
Campus policy recognizes 4 types of
exceptions
FERPA Vocabulary Words
CSUSM Student Records & Custodians
Record
Custodian
Academic Record
Discipline Record
Financial Aid
Placement
Student Payroll
Public Safety
Director, Registration & Records
Dean of Students Office
Director, Financial Aid & Scholarships
Director, Career Center
Director, Human Resources
Chief of Police
Not listed?
Contact the Director, R & R
FERPA Vocabulary Words
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Legitimate educational interest
Conditions when faculty or staff members
have a legal “right to know” the contents
of a student’s record
Conditions relate to student education,
discipline and necessary student service
OR health and safety issues
FERPA – Student Rights
Student Right #1
The right to access their educational records
We must…
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Provide a student with an opportunity to inspect and
review his or her education records within 45 days of
receipt of a written request
Provide a student copies if they are unable to come to
campus due to health issues or extended distances
Remove names of other students from information
included in the student’s record
FERPA – Student Rights
Student Right # 2
The right to seek to have records amended
We must…
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Consider a request from a student to amend information
in his or her records
Hold a hearing on the matter if the informal request is
not granted
If the hearing does not find for the student, offer the
student the opportunity to place a statement to be kept
in the record (and disclosed if that portion of the record
is released)
FERPA – Student Rights
Student Right # 3
The right to have some control over the disclosure of personally
identifiable information from their educational record.
We must…
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Have a student’s request prior to disclosing their record
(except to university personnel with a legitimate educational
interest)
Ensure the student’s consent is signed and dated and includes
the purpose of disclosure.
Annually notify students (collectively) of their rights (1-4 here)
Record certain requests for records disclosure
Include a students’ right to direct us not to release “directory
information”; otherwise it is OK for public dissemination
FERPA – Student Rights
Student Right #3
We MAY (per policy), but (in practice) likely WILL disclose education records
without consent when…
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The student is seeking to enroll in another school
It is related to financial aid
To certain authorized government authorities
To organizations conducting studies on behalf of the campus or to
accrediting agencies
Disclosure is related to a court order or subpoena AND the campus has
made an attempt to notify the student
To “appropriate parties” in the event of a health and safety emergency
To a parent when the parent shows proof of the student’s dependent
status (per IRS); this is not related to custodial parent status
FERPA – Student Rights
Student Right #3
We WILL disclose education records without consent
when…
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One of US has a legitimate educational interest
A student has been found responsible for a specific
type of violent crime – the outcome of campus
discipline proceedings will be shared with the victim
Information is considered “directory information” AND
the student has not exercised the right to restrict it
FERPA – Student Rights
Student Right # 4
The right to make a complaint to
The Family Policy Compliance Office
US Department of Education
400 Maryland Avenue, SW
Washington, DC, 20202-5920
Directory Information
“Directory information” at CSUSM:
Considered public unless a student indicates otherwise
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Student name
CSUSM email
Major field of study
Dates of attendance
F/T or P/T status
Degrees, awards and honors received
Dates degrees conferred
Additional information is considered Directory
Information for Unit 11
FERPA – A Word to the Wise
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Use caution with electronic records and
communication
Discuss FERPA with colleagues to ensure
internal consistency
ASK! If you’re ever in doubt or concerned
about something
Resources
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CSUSM Policy & Procedures
“Family Educational Rights and Privacy
Act”
US Department of Education
http://www.ed.gov/policy/gen/guid/fpco/index.html
FERPA
TEST