FERPA: FOCUS ON AMENDMENTS Presentation for UTAAA March 3, 2011 Family Educational Rights and Privacy Act of 1974, as Amended (FERPA) Shannon Williams Associate Registrar.
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Transcript FERPA: FOCUS ON AMENDMENTS Presentation for UTAAA March 3, 2011 Family Educational Rights and Privacy Act of 1974, as Amended (FERPA) Shannon Williams Associate Registrar.
FERPA: FOCUS ON AMENDMENTS
Presentation for UTAAA
March 3, 2011
Family Educational Rights and Privacy Act of 1974, as Amended
(FERPA)
Shannon Williams
Associate Registrar
Today’s Presentation
In the interest of time, focus of presentation will be on the
2009 amended FERPA regulations and their impact points.
Powerpoints on FERPA basics and today’s presentation
available at http://www3.uta.edu/registrar/ferpa.asp
Who Has FERPA Rights at the Postsecondary Level?
FERPA rights belong to the student regardless of age.
A student is a person who has been admitted and is or was
enrolled. This applies to all students: enrolled, former,
distance education, and students auditing a class.
What FERPA Rights are Given to a Parent?
Parents have no inherent rights of access
When the student turns 18 or begins attending an institution of higher
education, FERPA rights transfer to the student.
A parent may access the student’s record if the student is claimed as a
dependent for federal income tax purpose
Parents may be notified by the institution in the event of a health or safety
emergency
Parents may be notified by the institution if their student (under 21) is
found to have violated the alcohol or drug policy of the institution
A student may choose to allow his parents access to his records
Student Release of Information to Parents/Legal Guardians form
What FERPA Rights are Given to a UTA Employee?
Education records may be released to school officials with a
“legitimate educational interest” without the student’s
permission.
Amended FERPA regulation 99.31(a)(1)(ii) requires schools to
use “reasonable methods to ensure an official is given access
to only those education records in which s/he has a legitimate
educational interest.
UT Arlington uses role-based security as the means by which its staff and
faculty can access needed data from student records
However, administrators, faculty, staff or anyone else with this
access may not improperly disclose that information
Inspection and Amendment of Education Records
To inspect education records, a student should submit a
written request identifying the records to be inspected to the
UT Arlington Office of Records and Registration, attn:
Associate Registrar.
Details are available at
http://www3.uta.edu/registrar/ferpa.asp
Personally-Identifiable Information in a Student Record
The personally identifiable information within the record is
called directory information.
Personally identifiable information is any information that,
alone or in combination that is linked to a specific student that
would allow a reasonable person, without knowledge of the
circumstances, to identify the student.
FERPA regulations no longer use the term “easily traceable”
While FERPA protects the privacy of education records,
directory information is not treated as confidential and may be
disclosed by the University without student consent unless the
student requests confidentiality.
Social Security Numbers and FERPA
Amended FERPA regulations specifically prohibit designation
of social security numbers as directory information.
This includes any part of the SSN.
Don’t even use the last 4!
Withholding FERPA Directory Information at UTA:
All or Nothing
Currently, when a student chooses to restrict release of any
aspect of his/her directory information, none of the student
record will be released to any external source.
Service Indicator:
Impact of Withholding Release
Students who request restrictions to their record will not be
included in the following:
Microsoft-hosted Student Email system (address book that allows
student-to-student access)
UT Arlington web site “Find People”
UT Arlington printed Campus Directory “Maverick Connection”
Requests from external entities seeking directory information on UTA
students whose requests are approved by the custodian of records for
UT Arlington
Commencement program
However, restriction will not impact participation in Mav Alert
MyMav Navigation to Edit FERPA Settings
Student Center -> User Preferences (under Personal
Information bar) -> FERPA Restrictions -> Edit FERPA/Directory
Restrictions
Screen shot on following slide
MyMav Navigation to Edit FERPA Settings (continued)
Disclosure Status Remains
in Effect Until Changed
Any restriction a student makes in his MyMav record will
remain in effect until s/he revokes it.
UT Arlington allows former students to make changes to the
disclosure status in effect at the time of their last term of
attendance.
FERPA rights cease upon death. However, it is UTA policy that
no records of deceased students be released for a period of 25
years after the date of the student’s death, unless specifically
authorized by the executor of the deceased’s estate or next of
kin.
New Business Process Related to
Commencement Program
Beginning Fall 2009, if a student restricts all directory
information, his/her name will not be included in the
commencement program.
For students graduating in Spring 2011 and thereafter, we
have turned on functionality that will allow the student to
release his/her name only for the Commencement Program
but otherwise maintain the “do not release” privacy setting.
Screenshot: Inclusion in the Commencement Program
with DO NOT RELEASE Privacy Setting
Student Identification and Communication in Classroom
Previously, FERPA did not address whether opting out from
directory information also applied within the classroom in
disclosure of the student’s name or electronic identifier.
Amended regulation 99.37 (c): an opt-out or “do not release”
privacy setting does not prevent a school from identifying a
student by name or from disclosing the EID or email address in
the classroom.
Student Identification and Communication in Classroom
Student’s rights do not include the right to be anonymous in
the classroom or to impede routine classroom communication
and interactions.
However, FPCO states it is increasingly important to
communicate in course descriptions, syllabi, catalogs, etc.,
when there’s an expectation of shared information, such as
email addresses and papers or documents
Blackboard rocketing this at UT Arlington
Student Identification
(continued)
If a student indicates “do not release” and his/her name is on
an active website, name must be removed until student
specifically grants permission to include.
Deans’ lists
Official sites with photos
Requirement to Authenticate Identity
Amended regulation 99.31C, requires schools, before
disclosing educational records, use a reasonable method to
identify and authenticate the identity of
Students
Parents
School officials
Any other parties
Implications for UTA departments in implementing this
authentication requirement with regard to students and
school officials
To Whom and Under What Conditions Can Colleges
Disclose Personally Identifiable Information?
Amendments now include:
Release to appropriate parties if a health or safety emergency exists and the
institution believes the student presents a serious danger to himself or others.
In making this decision: Will this information assist in resolving the
emergency?
Anyone with regard to specific issues:
Final results of a disciplinary hearing against an alleged perpetrat
Information provided by sex offenders required to register under state or
federal law
An alleged victim of a crime of violence when the disclosure is the result of a
disciplinary hearing
See “FERPA Basics” PowerPoint for complete listing at
http://www3.uta.edu/registrar/ferpa.asp
When Student Has Release for Parent or Guardian on
File with the Office of Records
Notation made in Person Comment Entry
“Student release of information for parent/guardian for student’s
educational records on file in the Records Office for (NAME, TX
DRIVER LICENSE #) until (date)”
Release in place for four years or until revoked by student
Office of Records and Office of the Bursar release forms
and associated business practices currently being
reviewed
Goal: combined release form in place for Summer
Orientation
Screenshot: Person Comments Indicating Release for
Parent or Guardian on File with the Office of Records
Contacts in Office of Records and Registration to Verify If
Release is on File
Admissions and Records Phone Bank, 23372
Kelly Brant, 20327
Kristen Clark, 25472
Martha Salinger, 20330
Jeri Washington, 20331
Shannon Williams, 26105
Reverse Articulation
As a benefit to its graduates, UT Arlington provides complimentary
transcripts to Dallas County Community College District and Tarrant County
College District
Student must have earned 16 or more for-credit hours at that institution
Permission to send the transcript back to the community college is part of
the Application for Graduation.
The community college notifies these students that they should apply for
conferral of their associate degree.
Permission has until now been on UTA’s graduation application. Beginning
with students applying for Fall 2011 and beyond, permission will also be on
Apply Texas application.
Reverse Articulation
Tarrant County College Outcomes to Date
Total UTA
Semester
Records
Summer 2009
326
Fall 2009
564
Spring 2010
843
Summer 2010
203
Total
1936
UTA
TCC
Reverse Outreach Total TCC
Grads
Grads AA/AAT/AS
33
0
514
127
218
749
170
202
1064
47
75
501
377
495
2828
FERPA: Next Steps at UT Arlington
Combined release form for Records and Bursar Office forms in
time for Summer Orientation
Additional FERPA information as part of compliance modules
Continued implementation of revised amendments where
applicable
Challenges of technology --- Blackboard a good example
Contacts for FERPA Policies and Procedures
Office of Admissions, Records and Registration, UTA Box
19088, Arlington, TX 76019
http://www3.uta.edu/registrar/ferpa.asp
Today’s powerpoint under link “FERPA: Focus on
Amendments”
Enforcement Agency: Family Policy Compliance Office, US
Department of Education, Washington DC
Shannon Williams, Associate Registrar; direct 817/272-6105;
[email protected]