Transcript FERPA Basics - Gallaudet University

…and Your Responsibility
Regarding Your Work At Gallaudet University
FERPA BASICS GUIDE & CHECK UP
AN OVERVIEW AND SELF INVENTORY

This inventory is self paced and designed to touch on FERPA basics
which are important

If you have more than 3 concerns or errors...
repeat this guide and self inventory as needed

Gallaudet university desires full understanding and compliance
please feel free to
Review and Test Yourself on FERPA Basics
FAMILY EDUCATIONAL RIGHTS AND
PRIVACY ACT OF 1974
The Family Educational Rights and Privacy Act known as
FERPA is a federal law that protects the privacy of education
records for all students at the university - - The general principle is
that student education records are considered confidential and may
not be released to third parties (including parents) without the
written consent of the student - - Protected elements of the
student’s education record include, but are not limited to, financial
data, progress in courses, class scheduling, grade information, and
academic disciplinary information ~
FERPA is enforced by the Family Policy Compliance Office, U.S.
Department of Education, Washington, D.C.
Q
What is FERPA?
Family Emergency Protection Act
Federal Education Protection Act
Financial Educational Provision Act
Family Education Rights and Privacy Act
The amily ducational ights and rivacy ct of 1974
(FERPA), also known as the Buckley Amendment, is a
federal law designed to protect the privacy of, and limit
access to, student educational records.
FERPA grants some specific rights to students and sets
restrictions on how schools may handle educational records ~
In Other Words…
FERPA … is a federal law designed to protect the
privacy of, and limit access to student educational
record information ~
So…Why is FERPA Important?
Why is FERPA Important?
AND…Why should I care?
FERPA applies to all institutions that receive federal funds administered by
the U.S. Secretary of Education (financial aid, veteran’s benefits, grants, etc) Institutions found to be in violation could have these federal funds withheld ~
Having access to private information or areas with confidential and
educational information about students is not to be taken lightly; under
FERPA, universities are legally and ethically obligated to protect the
confidentiality of student educational records - - Legal consequences as well
as university consequences are possible ~
ALSO REMEMBER to protect all records in transit whether on campus or in postal mailing.
FERPA COMPLIANCE …
…Is Important
ALWAYS Best NOT to Copy, Share, Photograph, Record or Release Academic or
Confidential Information Improperly - - Questions … Contact Registrar
What are Education Records?
Education records are directly related to a student and maintained for all current and former
students - - At Gallaudet this would also include those students enrolled in MSSD or KDES ~
Education records include:
Education records do not include:

Graded papers

Sole possession (lap drawer) records

Exams

Peer graded papers (not used for a course
grade)

Transcripts


Class lists

Notes from a conversation with a
student
Online forums (e.g., Blackboard discussions,
assignment postings and online course chats) –
NOTE: Grades should NOT be posted in these
educational support forums

Law enforcement unit records

Employment records (unless employment is
based on student status)

Medical records • alumni records

Computer screen displaying student
information

Email containing information about a
student
Although some records and information maintained on Gallaudet students may not
be considered an education or academic record, they may be confidential OR
private and therefore all employees must be mindful of students and others
personal proprietary information rights ~
TYPES OF STUDENT INFORMATION

Directory or Public Information: Is
information contained in the record
which would not generally be
considered harmful or an invasion of
privacy if disclosed ..

Gallaudet University protects even
the release of ‘directory’ student
information ..

ALL requests for student academic
and directory information should be
passed onto the Registrar’s Office..
Personally Identifiable and
Private Information: Is generally
considered much more sensitive
or an invasion of privacy if
disclosed ..
CAUTION: Making records with personal confidential information will require ongoing protected access
as well as security whether in the cloud or on the internet - - All digital student records or reports
made under FERPA require a vendor contract for university ownership ~
SCHOOL OFFICIALS AND LEGITIMATE
EDUCATIONAL NEED
School official
• A person employed by the university in an administrative, supervisory,
academic, research, or support position (including law enforcement personnel
and health staff) ..
• A person or company with whom the university has contracted (attorney,
auditor, collection agent) ..
• A person serving on the board of trustees ..
ALL ARE REQUIRED TO PROVE LEGITMATE@
EDUCATIONAL NEED & PURPOSE WHEN REQUESTING
STUDENT INFORMATION
@
Legitimate Educational Need
When a verifiable need for specific student information is demonstrated – is compliant
with FERPA and student disclosure rights for the information can be determined ~
Faculty have a right to inspect education
records of any student attending GU without
giving a proper reason
TRUE or FALSE
FALSE
ONLY IF THEY HAVE A LEGITIMATE
EDUCATIONAL PURPOSE
Q
TRUE OR FALSE
Education
records include
only those
records
contained in a
student’s
permanent file
in the
Registrar’s
Office
TRUE IS NOT
THE CORRECT
ANSWER
OTHER STUDENT RECORDS
• HEALTH - SHS/MHC
• FINANCIAL AID
• STUDENT ACCOUNTING
• ADVISING
• MAJOR PROGRAM
RECORDS
• JUDICIAL
• TUTORING
• CAREER CENTER
• CAMPUS DB LOGIN/USE
TRUE OR
FALSE
GRADES.. GPA ..
or other
STUDENT
INFORMATION
may be viewed
shared, copied
or released
publicly at any
time
FALSE IS THE CORRECT ANSWER
STUDENTS LEGAL RIGHTS ARE VIOLATED WHEN
RECORDS ARE NOT HANDLED CAREFULLY AND
CONFIDENTIALLY
GALLAUDET UNIVERSITY HAS AN OBLIGATION UNDER
THESE LAWS TO PROTECT A STUDENT’S RIGHTS WITH
REGARD TO THEIR ACADEMIC AND PERSONAL
CONFIDENTIAL INFORMATION
WHEN IN DOUBT …
CHECK WITH THE REGISTRAR’S OFFICE
Faculty
Staff
Administrators
Students
Student Workers
Contractors &
Employees
Visitors
Others
Q
TRUE OR FALSE
Only the
records of
currently
enrolled
students are
protected by
FERPA
NOTE
Education Records May
Include Any Record
Directly Related To A
Student & Maintained By
The University
 In
Any Format Or Medium
What DO YOU DO?
ONTO THE NEXT SLIDE
You have been granted access to certain offices with
educational records in accordance with your duties at GU.
Since this is information is in an area where you work…
…are you entitled to under FERPA to view any records, copy
or to re-disclose any information you inadvertently see or
hear to any other party?
YES OR NO
THE CORRECT ANSWER IS NO!
 Only officials that have been assigned and
granted appropriate work access should be
viewing, using, discussing and properly sharing a
record to complete a university work related task
or duty ~
Scenario Q:
Local police call, a person claiming to be a student has been arrested ~
 The police have a policy of releasing an arrested student for minor
infractions and if they can verify that the person is a student ~
Can you give out any information on this student?
You should respond …
“I have no information that I can release on that individual
…I will transfer your call to the Registrar’s Office ”
You will be honoring the student’s FERPA rights and be FERPA
compliant for yourself as well as Gallaudet ~
NOTE: Under FERPA once a block on information is requested, confidentiality
‘FERPA Blocks’ stay in force until the student revokes it in writing
REVOCATIONS MUST BE SUBMITTED WITH THE ABILITY TO AUTHENTICATE THE STUDENT OR
ALUMNI WITH NO DOUBT CONCERNING THEIR ID OR DATED SIGNATURE~
Private & Academic Information
Some examples of information protected by FERPA include:
•
•
•
•
•
•
•
•
•
•
•
•
•
•
University ID number
Social security number
Birthdate
Grades/exam scores
GPA
Current class schedule
Parent name and address
Race/ethnicity
Gender
Country of citizenship
Religious affiliation
Disciplinary status
Marital status
Test scores (i.e., SAT, GRE, etc.)
FERPA QUICK ACADEMIC GUIDE
NO POSTING OF ..
NO SHARING OF..
Student ID #s
Student Personal
Proprietary
Information (PPI)
Test Scores
Course Grades
GPA
Evaluations
Email Addresses
Advisory Information
Peer Evaluations
REGARDING EMAILS..
DO NOT RELEASE Record
Information via Email */@
Full Name, ID or Any PPI to be
Excluded from Email Subject Lines
Student Named Advisory
Information in a Group Email
Group Departmental Emails w/o
Using ‘BCC’ Distribution
*Student records are released from the Registrar’s Office - - PPI = Personal Proprietary
Information - - Confidential Information - - An inappropriate release of information could harm
a student if they have a need for confidentiality or result in a violation of federal law and
trigger a federal FERPA audit
CAUTION WITH CONFIDENTIAL or PRIVATE INFORMATION!

AVOID being exposed to student information or
records not considered your university work - Curiosity does NOT qualify as a legal right to know

Legally that information & how it is released may
not be within your realm of work duties or responsibilities

Employees need to use restraint with regard to sharing, copying/scanning and
even digitally conveying information in any way with others or by any public
disclosure
BEST PRACTICES FOR NON-EDUCATIONAL OR STUDENT SUPPORT STAFF: BE SURE THE OFFICE STAFF ARE
WITHIN THE OFFICE BEFORE ENTERING TO ATTEND TO YOUR DUTIES - - THIS WILL HELP INSURE YOU ARE
NOT CONSIDERED IN ANY WAY RESPONSIBLE IF THERE IS A FERPA COMPLIANCE CONCERN, VIOLATION
REVIEW OR INVESTIGATION BY FEDERAL OFFICIALS
AVOID…
Accessing information not directly germane or relevant
to your specifically assigned tasks / duties as an
employee…
Disclosing, discussing and/or providing confidential
information to any individual not authorized to view or
access that data, including but not limited to third
parties, volunteers, vendors and other university
employees - - This includes digital copying,
conveyance or sharing…
Being reckless, careless, negligent, or improper in
handling of office materials, disposal of waste which
may contain printed documents and reports containing
confidential information…
Viewing an open computer monitor and then using it
with any files, databases exposed, possibly deleting or
altering information without authorization…
Generating and/or disseminating false or misleading
information…
Using information viewed or retrieved from the
systems for personal or any other unauthorized or
unlawful use…
CAUTIONS…
Employees who have been assigned personal
access codes to work with systems that generate store or manage confidential information bear the
responsibility for preserving the complete
confidentiality of such codes to ensure against
unauthorized use by any other person…
Employees who negligently or intentionally share
their system passwords or accounts with anyone
else for any reason will be held responsible for any
resulting misuse of the system by others…
Employees who have any reason to believe or
suspect that someone else is using their personal
access codes must immediately notify their
supervisor and Registrar’s Office…
Employees are prohibited from logging onto
University data bases and administrative systems
with their personal access codes and then permitting
another person to access information in those data
bases and/or systems…
BE AWARE YOU WILL BE HELD ACCOUNTABLE - - It is Important to NOT Avoid Your Responsibility to
Gallaudet University Policies & Federal Laws (FERPA, Privacy & HIPAA) ~
EDUCATION RECORDS
RELEASE & EXCEPTIONS

The university will not release personally identifiable information from a
student's record without the student's prior written consent ~

Even parents are not permitted access to their son or daughter's records
unless the student has provided written authorization for the specified
information each time needed - - This also includes other family members and
spouses - - An annual copy of the income tax return proving a student’s
dependent status may also be submitted and be in the Registrar’s student files
for semester requests for grades or transcripts for their son or daughter ~

Exceptions are all determined to have a "legitimate educational need” or
involves the work responsibilities as determined by the university for a
university official; such as awarding financial aid, records updating, 3rd party
certifications and legal subpoenas ~
Point of release for student’s academic record or personal information should always be the Registrar’s Office ~
• Students may have ‘FERPA Blocks’ or holds on the release of academic or personal information ~
• An inappropriate release of information could harm a student if they have a need for confidentiality or result in a violation of
federal law and trigger a federal FERPA audit ~
• Confidential & academic information such as grades or transcripts should be via a secure encrypted controlled single
release only ~
An unauthorized staff person retrieves information
from a computer screen that was left unattended.
Under FERPA, is the staff member and the
institution responsible?
YES OR NO
THE CORRECT ANSWER IS
YES!
 Remember
only authorized university officials
have access to records for their assigned work ..
 Anyone
seeking to view, copy, use or alter
records without the proper authority to be
working with records should be reported to the
University Registrar ..
 All
that have mishandled information from a
record no matter they type of record – puts the
university at risk of non-compliance under FERPA
as well as privacy violations ..
Should you enter
an office with
confidential
records in varied
formats even if
you have a key
for that office
without any staff
that work in that
office being in
the office?
YES OR NO
YES IS NOT THE CORRECT ANSWER
THE CORRECT ANSWER IS
NO!
 It
is always best for employees with keys and
access to offices with confidential records.. to
only enter these offices when regular office staff
are with you.. Office staff can vouch for your
time and activity in the office as well as possibly
be able to prevent an investigation into your
work ethics and movement within their assigned
work offices..
 When
a violation occurs – anyone on campus with
access to the area(s) of concern can be in question ..
Can any employee view, use or
make copies of student records? YES OR NO
The Correct Answer is NO!
Student records have compliance
limits for copying, sharing and use.
As communication devices are with us
all the time…
Including digital internet connected devices
…SHOULD YOU use a smart phone in the area of an
office with records or confidential meetings ?
CONFIDENTIAL AREAS INCLUDE: The Registrar’s Office, Financial Aid Office, Student
Financial Services Office, SHS, MHC, Academic Advising, Career Center, Judicial Board,
BOT, MSSD, KDES and DPS.
NOTE: Privacy should be afforded in conference areas being used by faculty, faculty
senates, university administrators or student support offices, classrooms used for class
instruction, tutoring, private student advisory conferences/ meetings. library areas for
research, instructional science labs, computer labs used for work, online courses,
personal communications, judicial board, SBG, other closed door organizational meetings
and athletic team training meetings.
ALL these can present privacy concerns with digital smart technology around.
‘YES’ is not the correct answer!
See on the next slide …
NO … IS THE CORRECT ANSWER
NO is the correct answer because all current technology is
capable of capturing images, video, conversations &
other information that may breach FERPA and privacy law
requirements ~
FERPA, HIPPA, PII and other federal laws, rules and policies hold institutions to a high
standard to protect personal privacy as well as personal confidential, academic ,
health, employment, judicial/legal and other records .
GO TO THE NEXT SLIDE
NOTE: THIS IS ALL THE SAME KIND OF PRIVACY ACCORDED TO YOU WITH YOUR PERSONAL RECORDS HELD BY
A BANK, A DOCTOR, LAWYER OR YOUR EMPLOYER. THEY ARE NOT THERE FOR OTHERS TO USE OR COPY.
What is the best
thing to do with
digital internet
devices such as
your smart
phone?
WARNING:
THE PATHWAYS FOR
BREACHING STUDENT
CONFIDENTIALITY, (WHETHER
DUE TO SIMPLE
CARELESSNESS OR
INADEQUATE SECURING OF
RECORDS, DISCARDING OF
RECORDS , TAKING RECORDS,
RECORDING INFORMATION &
INAPPROPRIATE USE OF
TECHNOLOGY) CONTINUE TO
MULTIPLY AS TECHNOLOGY
ADVANCES - SUCH ACTIVITIY &
ACTIONS ALL HAVE
CONSEQUENCES
SMART PHONE & DIGITAL INTERNET DEVICES
TIPS & WARNINGS!!
BEST PRACTICES
It is best not to use smart phones in any academic or
confidential area
You may need to pocket your phone and limit use to after
leaving a confidential/record office, meeting, classroom/lab or
library areas - - Cover camera eye sights on digital internet
connected laptops, tablets and wrist devices in confidential
areas as current technology allows for remote activation
Scanning and facsimile copiers should be ‘digitally wiped
clean’ same as PCs and lap tops before releasing to a
vendor or individual to protect any saved academic and
personal confidential information
‘E-Discovery ‘is a technological investigative tool that
the feds use with all digital and internet connected devices to
track or determine fraud, electronic digital copying, audio
/video taping, illegal activity and all related communications
REGISTRAR’S END NOTE…
The FERPA BASICS GUIDE &
FERPA CHECK UP ARE
reference tools to help you
engage in understanding
FERPA as well as other
confidential privacy
considerations on campus.
You are welcome to use these
campus tools at any time…