Transcript No Slide Title

The Family Educational
Rights and Privacy Act
of 1974
February, 2014
Presented by Daniel Cordas
Employee Services, Seattle Community Colleges
FERPA Overview

FERPA protects:
 privacy of student education records
and
 student access to education records

FERPA Applies to all educational institutions
receiving federal funds
– Policy or practice of violating FERPA risks loss of
federal funding
– No private right of action, but students may sue
for invasion of privacy
General Rule
The College cannot disclose
personally identifiable
information contained in
education records without the
student’s written consent.
What’s Personally Identifiable
Information?
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Name or address of student, parents,
or family
Personal identifier such as social
security, student ID number, or
biometric records
Other indirect identifiers, such as
student’s date of birth, and mother’s
maiden name
Personally Identifiable Information
(continued)
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Other information that would allow a
reasonable person in the college
community to identify the student with
reasonable certainty, or
Information requested by a person
who the school reasonably believes
knows the identity of the student to
whom the education record relates
What are ‘Education Records’?
Education records are records that:
– Directly relate to a student and
– Are maintained by the College or by a
party acting for the College
Exceptions to General Rule
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Directory information
Records excluded from definition of
“education records”
Authorized disclosures of education
records without consent
Records Excluded from
Definition of Education Records
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Personal memory aids
Law enforcement records (i.e., campus
security records)
Employment records not a result of
status as a student

Treatment records

Alumni records
Personal Memory Aids
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Records that are kept in the sole
possession of the maker,
Are used only as a personal memory
aid, and
Are not accessible or revealed to any
other person except a temporary
substitute
Why is this important? Student Access
to Records
Law Enforcement Records
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Records created and maintained by a
law enforcement unit for a law
enforcement purpose (incl. campus
security)
Does not include records created
exclusively for non-enforcement
purpose (e.g. student disciplinary
action)
Employment Records
Disclosable student employee records:

Made and maintained in the normal
course of business,

Relate exclusively to an individual in
his/her capacity as employee, and

Are not available for use for any other
purpose
Alumni Records

Records that only contain information
about an individual after he or she is
no longer a student at the College are
exempt from FERPA
Directory Information

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Information in an education record
that normally would not be considered
harmful or an invasion of privacy if
disclosed without consent
However, student may refuse consent
to disclosure of directory information
by “opting” out
Disclosure of Directory
Information
May disclose if students are notified in
advance
 Types of information designated as directory
information,
 Student’s right to refuse disclosure of any or
all directory information,
 When student must notify the college (in
writing) of refusal to consent
 Notice requirements do not apply to former
students
Directory Information
Directory information may include student’s
name, address, phone, email address,
photograph, date and place of birth, major,
dates of attendance, grade level, enrollment
status, extracurricular activities, height and
weight of athletic team members, degrees,
honors and awards, and most recently
attended educational institution.
Directory Info at SCCD*
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Student's name
Email address
Enrollment status in the college
Date(s) of enrollment
Area of study
Awards granted by the college
Participation in official sports activities, and
Weight and height of athletic team members.
*As listed in SCCD College Catalog
Student Rights

Once a student turns 18, or attends a
postsecondary institution, all FERPA rights
of parents are transferred to the student
Parental Rights

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Parents of K-12 students under age 18
have all FERPA rights but no automatic
right of access for Running Start
students attending college
No parental rights under FERPA if
court has terminated parental rights
Right to Inspect
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Students have right to review their own
education records (but only their own)
No right to review financial records
(including parents’ records)
No right to review confidential
recommendations if student waived the
right to inspect
Annual Notification
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College must annually notify students of their
FERPA rights to—
Review their own education records,
Request amendments of records the student
believes to be inaccurate, misleading, or
violative of privacy,
Consent to disclosure of personally
identifiable information,
File complaints with U.S. Dep’t of Education
Annual Notice—Procedures
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The annual notice must include the
procedures for reviewing records,
Procedures for requesting amendments of
records,
Policies for disclosing education records
(including definitions of “school officials”
and “legitimate educational interest”)
Challenges to Records
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Student may request a hearing to challenge
education records
If records are found to be inaccurate,
misleading, or violative of privacy rights,
College must amend the records and inform
student in writing
Student Consent to Disclose
Education Records

Form must be signed and dated (may
use electronic signatures on records)
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Must state the purpose of disclosure
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Must specify the record to be disclosed
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Must identify a party or class of parties
to whom disclosure may be made
Authorized Disclosures—
Other Colleges
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May disclose without consent to other
colleges where student is enrolled or intends
to enroll
When releasing records to other colleges,
College must make reasonable attempt to
notify the student, unless:
The student initiated the request or the
annual notice provides for forwarding of
education records on request
Authorized Disclosures –
School Officials
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College may disclose education records
without student’s consent—
To “other school officials,” including
teachers.
Who have a “legitimate educational interest”
(need to know basis)
Defined in our catalog as: School officials
have a legitimate educational interest if they
need to review an education record in order
to fulfill their professional responsibility.
Definition of School
Official
A school official is a person employed by the college in
an administrative, supervisory, academic or research,
or support staff position (including law enforcement
unit personnel and health staff); a person or company
with whom the college has contracted (such as an
attorney, auditor, national student loan clearinghouse,
legal counsel, or collection agency); a person serving
on the Board of Trustees; or a student serving on an
official committee, such as disciplinary or grievance
committee, or who is assisting another school official
in performing his or her tasks.*
*SCCD Catalog
Authorized Disclosures—
Federal and State Officials
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May disclose without consent to authorized
representatives of Department of Education
or state and local educational authorities
Must be in connection with audit of
government supported education programs
or in compliance with federal requirements
relating to such programs
Authorized Disclosures—
Financial Aid
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May disclose records without consent in
connection with student financial aid
Must be for determining eligibility,
Determining the amount of aid,
Setting the conditions of aid, or
Enforcing the terms and conditions of aid.
Authorized Disclosures—
Research Studies
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May disclose records without consent to
public or private organizations conducting
studies for educational agencies or
institutions
Must be to develop, validate, or administer
predictive tests,
Administer student aid programs, or
Improve instruction
Limitations on Research
Disclosures
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Research organization cannot disclose
personally identifiable information to
others
Information must be destroyed when
no longer needed
Authorized Disclosures—
Accrediting Agencies
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College may disclose education
records without consent to accrediting
organizations to carry out their
accrediting functions
Authorized Disclosures—
Parents of Dependent Students
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College may disclose records without
student’s consent to parents who claim
student as tax dependent
Student is “dependent” if under age 24 at
end of the year and parent pays over half of
student’s support in the tax year
Parent should provide affidavit or last year’s
tax return showing that student is a
dependent
Authorized Disclosures—
Litigation
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Subpoenas – Give to college student
services to handle & provide advice
Lawsuits between college and
students – info provided to court and
attorneys
Authorized Disclosures—
Health or Safety Emergency
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May disclose records without consent
to appropriate parties in connection
with a health or safety emergency
Disclosure must be necessary to
protect health or safety of the student
or others
Colleges provided wide latitude in
determining an emergency
Public Record Requests
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The State Public Records Act does not
require agencies to disclose records
when another statute (e.g., FERPA)
exempts or prohibits disclosure
Non-disclosure only applies to
personally identifiable information in
an education record
Further Information
U.S. Department of Education
Family Policy Compliance Office
(FPCO)
http://www.ed.gov/policy/gen/guid/fpco/index.html