Fabulous FERPA Facts for Facult

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Faculty Development In-Service August 19, 2013

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HOW WELL DO YOU KNOW FERPA?

True or False • • • • FERPA only covers educational records in the student’s file in the registrar’s office.

Faculty may post grades on their office door.

Students have a right to inspect any record VU has for them.

Parents who are paying their child’s tuition can have access to any information on their child.

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KEY CONCEPTS

• • • • • • • Required annual notification Written permission of student required to disclose Exceptions to written permission Students’ right to access their records “Musts" and "mays" in FERPA Parents/parental disclosure Legitimate educational interest 3

KEY TERMS

• • • • • Education record Directory information School official Personally identifiable Eligible student 4

FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974

"A FEDERAL LAW DESIGNED TO PROTECT THE PRIVACY OF EDUCATION RECORDS, TO ESTABLISH THE RIGHT OF STUDENTS TO INSPECT AND REVIEW THEIR EDUCATION RECORDS, AND TO PROVIDE GUIDELINES FOR THE CORRECTION OF INACCURATE AND MISLEADING DATA THROUGH INFORMAL AND FORMAL HEARINGS."

________________________________

DEFINITIONS OF TERMS FOR ADMISSIONS AND RECORDS. Washington, D.C.: AACRAO, 1980, p. 28.

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FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974

THIS ACT IS ENFORCED BY THE FAMILY POLICY COMPLIANCE OFFICE , U.S. DEPARTMENT OF EDUCATION, WASHINGTON, D.C.

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THE ESSENCE OF THE ACT

COLLEGE STUDENTS MUST BE PERMITTED TO INSPECT THEIR OWN EDUCATION RECORDS .

SCHOOL OFFICIALS MAY NOT DISCLOSE PERSONALLY IDENTIFIABLE INFORMATION ABOUT STUDENTS NOR PERMIT INSPECTION OF THEIR RECORDS WITHOUT WRITTEN PERMISSION UNLESS SUCH ACTION IS COVERED BY CERTAIN EXCEPTIONS PERMITTED BY THE ACT.

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WHAT IS AN EDUCATION RECORD ?

ANY RECORD, WITH CERTAIN EXCEPTIONS, MAINTAINED BY AN INSTITUTION THAT IS DIRECTLY RELATED TO A STUDENT OR STUDENTS. THIS RECORD CAN CONTAIN A STUDENT'S NAME, OR STUDENTS' NAMES OR INFORMATION FROM WHICH AN INDIVIDUAL STUDENT, OR STUDENTS, CAN BE PERSONALLY (INDIVIDUALLY) IDENTIFIED THESE RECORDS INCLUDE: FILES, DOCUMENTS, AND MATERIALS IN WHATEVER MEDIUM (HANDWRITING, PRINT, TAPES, DISKS, FILM, MICROFILM, MICROFICHE) WHICH CONTAIN INFORMATION DIRECTLY RELATED TO STUDENTS AND FROM WHICH STUDENTS CAN BE PERSONALLY (INDIVIDUALLY) IDENTIFIED .

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“PERSONALLY IDENTIFIABLE”

" PERSONALLY IDENTIFIABLE "

MEANS DATA OR INFORMATION WHICH INCLUDES

:

• THE NAME OF THE STUDENT, THE STUDENT'S PARENT, OR OTHER FAMILY MEMBERS • THE STUDENT'S CAMPUS OR HOME ADDRESS; • A PERSONAL IDENTIFIER (SUCH AS A SOCIAL SECURITY NUMBER OR STUDENT NUMBER) • A LIST OF PERSONAL CHARACTERISTICS OR OTHER INFORMATION WHICH WOULD MAKE THE STUDENT'S IDENTITY EASILY TRACEABLE 9

Grades Posted on Bulletin Board outside of Instructor’s Office

2949 4532 5599 1197 7463 6115 7692 2342 1543 6748 Instructor Summary-Fall 1999-December 15, 1999 GradeBook-Unregistered Copy MKT 227 Fall 99 RgAvg% 100.00

93.8

84.5

83.1

71 72.6

66.2

66.9

68.1

62.9

61.8

A = 90.0

B = 80.0

ExtCr % 5.6

2.1

4.2

0.7

0.7

0.7

5.6

4.2

1.4

0.7

0.7

C = 70.0

D = 60.0

Grade A B B B C C C D D D 10

WHAT AN EDUCATION RECORD IS NOT

“SOLE POSSESSION” NOTES LAW ENFORCEMENT UNIT RECORDS RECORDS MAINTAINED EXCLUSIVELY FOR INDIVIDUALS IN THE THEIR CAPACITY AS EMPLOYEES  RECORDS OF INDIVIDUALS WHO ARE EMPLOYED AS A RESULT OF THEIR STATUS AS STUDENTS (WORK STUDY) ARE EDUCATION RECORDS.

DOCTOR-PATIENT PRIVILEGE RECORDS ALUMNI RECORDS 11

"SOLE POSSESSION NOTES"

ARE MADE BY ONE PERSON AS AN INDIVIDUAL OBSERVATION OR RECOLLECTION, ARE KEPT IN THE POSSESSION OF THE MAKER, AND ARE ONLY SHARED WITH A TEMPORARY SUBSTITUTE.

• • • • THIS TERM HAS ALWAYS BEEN NARROWLY DEFINED.

NOTES TAKEN IN CONJUNCTION WITH ANY OTHER PERSON ARE NOT SOLE POSSESSION NOTES (COUNSELOR'S NOTES, INTERVIEW NOTES).

SHARING THESE NOTES WITH ANOTHER PERSON, OR PLACING THEM IN AN AREA WHERE THEY CAN BE VIEWED BY OTHERS MAKES THEM "EDUCATION RECORDS" AND SUBJECT TO FERPA.

BEST ADVICE: IF YOU DON'T WANT IT REVIEWED, DON'T WRITE IT DOWN.

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WHAT IS AN EDUCATION RECORD ? (SUMMARY)

IF YOU HAVE A RECORD THAT IS: • • • MAINTAINED BY YOUR INSTITUTION PERSONALLY IDENTIFIABLE TO A STUDENT (DIRECTLY RELATED TO A STUDENT AND FROM WHICH A STUDENT CAN BE IDENTIFIED) NOT ONE OF THE EXCLUDED CATEGORIES OF RECORDS…

IT IS SUBJECT TO FERPA

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REQUIREMENTS FOR COMPLIANCE

WHAT WE MUST DO...

PROVIDE ANNUAL NOTIFICATION TO STUDENTS OF THEIR FERPA RIGHTS PROVIDE STUDENTS’ ACCESS TO THEIR EDUCATION RECORDS

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REQUIREMENTS FOR COMPLIANCE

PROVIDE ANNUAL NOTIFICATION TO STUDENTS OF THEIR RIGHT TO: 1.

2.

3.

4.

5.

INSPECT AND REVIEW THEIR EDUCATION RECORDS REQUEST AN AMENDMENT TO THEIR EDUCATION RECORDS A HEARING IF THE REQUEST FOR AN AMENDMENT IS UNSATISFACTORY REQUEST THAT THE INSTITUTION NOT DISCLOSE DIRECTORY INFORMATION ITEMS ABOUT THEM FILE A COMPLAINT WITH THE U.S. DEPARTMENT OF EDUCATION 15

REQUIREMENTS FOR COMPLIANCE

PROVIDE ANNUAL NOTIFICATION TO STUDENTS OF THEIR RIGHT TO: 6.

• • • KNOW THAT SCHOOL OFFICIALS WITHIN THE INSTITUTION MAY OBTAIN INFORMATION FROM EDUCATION RECORDS WITHOUT OBTAINING PRIOR WRITTEN CONSENT, THE CRITERIA FOR DETERMINING WHO WILL BE CONSIDERED SCHOOL OFFICIALS AND WHAT “LEGITIMATE EDUCATIONAL INTERESTS” WILL ENTITLE SCHOOL OFFICIALS TO HAVE ACCESS TO EDUCATION RECORDS 16

REQUIREMENTS FOR COMPLIANCE

PROVIDE ANNUAL NOTIFICATION TO STUDENTS OF THEIR RIGHT TO: 7.

KNOW WHICH INFORMATION THE INSTITUTION HAS DESIGNATED AS PUBLIC OR DIRECTORY INFORMATION .

NOTE: THIS NOTIFICATION OF DIRECTORY INFORMATION IS

NOT

REQUIRED TO BE INCLUDED IN THE ANNUAL NOTIFICATION.

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REQUIREMENTS FOR COMPLIANCE

PROVIDE ANNUAL NOTIFICATION TO STUDENTS OF THEIR RIGHT TO: KNOW THAT 1)

SCHOOL OFFICIALS

MAY OBTAIN INFORMATION FROM EDUCATION RECORDS WITHOUT OBTAINING PRIOR WRITTEN CONSENT, 2) THE CRITERIA FOR DETERMINING WHO WILL BE CONSIDERED SCHOOL OFFICIALS AND 3) WHAT “LEGITIMATE EDUCATIONAL INTERESTS” WILL ENTITLE SCHOOL OFFICIALS TO HAVE ACCESS TO EDUCATION RECORDS .

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REQUIREMENTS FOR COMPLIANCE

SCHOOL OFFICIAL

1) EMPLOYED BY THE COLLEGE IN AN ADMINISTRATIVE, SUPERVISORY, ACADEMIC, RESEARCH, OR SUPPORT STAFF POSITION (INCLUDING LAW ENFORCEMENT AND HEALTH STAFF PERSONNEL), 2) ELECTED TO THE BOARD OF TRUSTEES, 3) OR COMPANY EMPLOYED BY OR UNDER CONTRACT TO THE COLLEGE TO PERFORM A SPECIAL TASK SUCH AS THE ATTORNEY, AUDITOR, OR COLLECTION AGENCY, 4) OR STUDENT SERVING ON AN OFFICIAL COMMITTEE, SUCH AS A DISCIPLINARY OR GRIEVANCE COMMITTEE, OR ASSISTING ANOTHER SCHOOL OFFICIAL IN PERFORMING HIS OR HER TASKS.

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REQUIREMENTS FOR COMPLIANCE

Viterbo Definition of School Official with Legitimate Educational Interest Within the Viterbo University community, only those members, individually or collectively, acting in the students' educational interest are allowed access to student education records. These members include personnel in the Offices of the Registrar, Business Office, Office of Financial Aid, Office of Admission, and academic and student life personnel within the limitations of their need to know.

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REQUIREMENTS FOR COMPLIANCE

LEGITIMATE EDUCATIONAL INTEREST  THE DEMONSTRATED NEED TO KNOW BY THOSE OFFICIALS OF AN INSTITUTION WHO ACT IN THE STUDENT’S EDUCATIONAL INTEREST, INCLUDING FACULTY, ADMINISTRATION, CLERICAL AND PROFESSIONAL EMPLOYEES, AND OTHER PERSONS WHO MANAGE STUDENT RECORD INFORMATION.

 ALTHOUGH FERPA DOES NOT DEFINE “LEGITIMATE EDUCATIONAL INTEREST,” IT STATES THAT INSTITUTIONS MUST SPECIFY THE CRITERIA FOR DETERMINING IT. 21

REQUIREMENTS FOR COMPLIANCE

At Viterbo legitimate education interest is demonstrated by: A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.

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REQUIREMENTS FOR COMPLIANCE

DIRECTORY INFORMATION ALTHOUGH NOT REQUIRED TO BE INCLUDED IN THE INSTITUTION’S ANNUAL NOTIFICATION, THE INSTITUTION MUST NOTIFY STUDENTS OF WHAT INFORMATION THE INSTITUTION HAS DESIGNATED AS DIRECTORY INFORMATION.

THE FAMILY POLICY COMPLIANCE OFFICE HAS RECOMMENDED THAT THIS NOTIFICATION BE PART OF THE INSTITUTION’S ANNUAL FERPA NOTIFICATION TO STUDENTS.

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REQUIREMENTS FOR COMPLIANCE

INFORMATION NOT NORMALLY CONSIDERED A VIOLATION OF A PERSON’S PRIVACY STUDENTS MUST BE NOTIFIED OF THE ITEMS OF DIRECTORY INFORMATION.

STUDENTS MUST BE GIVEN THE OPPORTUNITY TO REQUEST THAT DIRECTORY INFORMATION NOT BE RELEASED. THIS RIGHT OF NON-DISCLOSURE APPLIES TO DIRECTORY INFORMATION ONLY. 24

REQUIREMENTS FOR COMPLIANCE

DIRECTORY INFORMATION MAY INCLUDE THE FOLLOWING STUDENT INFORMATION: STUDENT’S NAME ADDRESS TELEPHONE NUMBER EMAIL ADDRESS PHOTOGRAPH DATE/PLACE OF BIRTH MAJOR FIELDS OF STUDY PARTICIPATION IN OFFICIALLY RECOGNIZED ACTIVITIES AND SPORTS HEIGHT/WEIGHT OF ATHLETIC TEAM MEMBERS CLASS SCHEDULE CLASS ROSTERS DATES OF ATTENDANCE DEGREES AND AWARDS RECEIVED MOST RECENT EDUCATIONAL INSTITUTION ATTENDED OTHER SIMILAR INFORMATION AS DEFINED BY THE INSTITUTION THAT WOULD NOT NORMALLY BE CONSIDERED AN INVASION OF A STUDENT’S PRIVACY 25

REQUIREMENTS FOR COMPLIANCE

DIRECTORY INFORMATION CAN NEVER STUDENT’S: INCLUDE A RACE GENDER SOCIAL SECURITY NUMBER GRADES GPA COUNTRY OF CITIZENSHIP RELIGION 26

REQUIREMENTS FOR COMPLIANCE

VITERBO UNIVERSITY HAS DESIGNATED THE BELOW INFORMATION AS DIRECTORY INFORMATION , ACCORDING TO THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974 NAME ADDRESS (home, local/campus, email) TELEPHONE LISTINGS DATE OF BIRTH/AGE MAOR/MINOR FIELD OF STUDY PARTICIPATION IN OFFICIALLY RECOGNIZED ACTIVITIES AND SPORTS HEIGHT/WEIGHT OF ATHLETIC TEAM MEMBERS DATES OF ATTENDANCE FULL-TIME/PART-TIME STATUS PHOTOGRAPH REGISTRATION COURSE SCHEDULE CLASS LEVEL ACADEMIC LEVEL DEGREES/ACADEMIC RECOGNITIONS/AWARDS RECEIVED NAME/ADDRESS/OCCUPTION OF PARENT/GUARDIAN/SPOUSE EDUCATIONAL INSTITUTIONs ATTENDED 27

REQUIREMENTS FOR COMPLIANCE

It is important to remember that “directory information” be defined as such.

If a data element isn’t defined as “directory information”

it isn’t

directory information and can only be released if the student’s written permission is obtained or the release can be justified under one of the exceptions to students’ written permission found in FERPA.

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REQUIREMENTS FOR COMPLIANCE

PROVIDE ANNUAL NOTIFICATION TO STUDENTS OF THEIR RIGHT TO: PROVIDE STUDENTS ACCESS TO THEIR EDUCATION RECORDS 29

REQUIREMENTS FOR COMPLIANCE

PROVIDE STUDENTS ACCESS TO THEIR EDUCATION RECORDS THEY HAVE THE RIGHT TO INSPECT AND REVIEW WITHIN 45 DAYS OF THE REQUEST TO INSPECT.

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REQUIREMENTS FOR COMPLIANCE

PROVIDE STUDENTS’ ACCESS TO THEIR EDUCATION RECORDS • • • LIMITATIONS ON THE RIGHT TO INSPECT PARENTAL FINANCIAL INFORMATION CONFIDENTIAL LETTERS AND RECOMMENDATIONS TO WHICH THE STUDENT HAS WAIVED HIS/HER RIGHT OF INSPECTION EDUCATION RECORDS CONTAINING INFORMATION ABOUT MORE THAN ONE STUDENT • THE INSTITUTION

MUST PERMIT ACCESS

TO THAT PART OF THE RECORD WHICH PERTAINS ONLY TO THE INQUIRING STUDENT 31

REQUIREMENTS FOR COMPLIANCE

PROVIDE STUDENTS’ ACCESS TO THEIR EDUCATION RECORDS

Sample Permission Letter to Write a Letter of Recommendation

I give permission for Prof. Kostal to write a letter of recommendation to: Annie’s Catering 344 Willow Dr.

Lynchburg VA 24502 Prof. Kostal has my permission to include my grades, GPA, and class rank in this letter.

I waive do not waive time in the future.

my right to review a copy of this letter at any ________________________________________________ Signed Date 32

PROCEDURES AND STRATEGIES FOR COMPLIANCE

DISCLOSURE OF EDUCATION RECORD INFORMATION INSTITUTIONS SHALL OBTAIN WRITTEN CONSENT FROM STUDENTS BEFORE DISCLOSING ANY PERSONALLY IDENTIFIABLE INFORMATION FROM THEIR EDUCATION RECORDS (WITH THE EXCEPTIONS FOLLOWING). THE WRITTEN CONSENT MUST : a. SPECIFY THE RECORDS TO BE RELEASED b. STATE THE PURPOSE OF THE DISCLOSURE c. IDENTIFY THE PARTY OR PARTIES TO WHOM DISCLOSURE MAY BE MADE d. BE SIGNED AND DATED BY THE STUDENT.

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PROCEDURES AND STRATEGIES FOR COMPLIANCE

• DISCLOSURE OF EDUCATION RECORD INFORMATION INSTITUTIONS MUST DISCLOSE EDUCATION RECORDS

WITHOUT WRITTEN CONSENT

OF STUDENTS TO THE FOLLOWING: STUDENTS WHO REQUEST THE INFORMATION FROM THEIR OWN RECORDS 34

PROCEDURES AND STRATEGIES FOR COMPLIANCE

• DISCLOSURE OF EDUCATION RECORD INFORMATION INSTITUTIONS MAY DISCLOSE EDUCATION RECORDS

WITHOUT WRITTEN CONSENT

OF STUDENTS TO THE FOLLOWING: • • • • AUTHORIZED REPRESENTATIVES OF THE FOLLOWING FOR AUDIT, EVALUATION, OR ENFORCEMENT OF FEDERAL AND STATE SUPPORTED PROGRAMS: COMPTROLLER GENERAL OF THE UNTED STATES SECRETARY, U.S. DEPARTMENT OF EDUCATION U.S. ATTORNEY GENERAL (LAW ENFORCEMENT ONLY) STATE EDUCATIONAL AUTHORITIES 35

PROCEDURES AND STRATEGIES FOR COMPLIANCE

• • DISCLOSURE OF EDUCATION RECORD INFORMATION INSTITUTIONS MAY DISCLOSE EDUCATION RECORDS

WITHOUT WRITTEN CONSENT

OF STUDENTS TO THE FOLLOWING: PERSONNEL WITHIN THE INSTITUTION DETERMINED BY THE INSTITTION TO HAVE A LEGITIMATE EDUCATIONAL INTEREST.

OFFICIALS OF OTHER INSTITITUTIONS IN WHICH THE STUDENT SEEKS TO ENROLL, ON CONDITION THAT THE ISSUING INSTITTUTION MAKES A REASONABLE ATTEMPT TO INFORM THE STUDENT OF THE DISCLOSURE.

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PROCEDURES AND STRATEGIES FOR COMPLIANCE

• • DISCLOSURE OF EDUCATION RECORD INFORMATION INSTITUTIONS MAY DISCLOSE EDUCATION RECORDS

WITHOUT WRITTEN CONSENT

OF STUDENTS TO THE FOLLOWING: PERSONS OR ORGANIZATIONS PROVIDING TO THE STUDENT FINANCIAL AID PROGRAMS, OR DETERMINING FINANCIAL AID DECISIONS.

ORGANIZATIONS CONDUCTING STUDIES TO DEVELOP, VALIDATE, AND ADMINISTER PREDICTIVE TESTS, TO ADMINISTER STUDENT AID PROGRAMS, OR TO IMPROVE INSTRUCTION.

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PROCEDURES AND STRATEGIES FOR COMPLIANCE

• • DISCLOSURE OF EDUCATION RECORD INFORMATION INSTITUTIONS MAY DISCLOSE EDUCATION RECORDS

WITHOUT WRITTEN CONSENT

OF STUDENTS TO THE FOLLOWING: ACCREDITING ORGANIZATIONS CARRYING OUT THEIR ACCREDITING FUNCTIONS.

PARENTS OF A STUDENT WHO HAVE ESTABLISHED THAT STUDENT’S STATUS AS A DEPENDENT AS DEFINED BY THE IRS CODE.

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PROCEDURES AND STRATEGIES FOR COMPLIANCE

• DISCLOSURE OF EDUCATION RECORD INFORMATION INSTITUTIONS MAY DISCLOSE EDUCATION RECORDS

WITHOUT WRITTEN CONSENT

OF STUDENTS TO THE FOLLOWING: PERSONS IN COMPLIANCE WITH A JUDICIAL ORDER OR A LAWFULLY ISSUED SUBPOENA, PROVIDED THAT THE INSTITUTION FIRST MAKE A REASONABLE ATTEMPT TO NOTIFY THE STUDENT. EXCEPTION: IF THE SUBPOENA IS ISSUED FROM A FEDERAL GRAND JURY, OR FOR A LAW ENFORCEMENT PURPOSE, AND ORDERS THE INSTITUTION NOT TO NOTIFY THE STUDENT.

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PROCEDURES AND STRATEGIES FOR COMPLIANCE

• DISCLOSURE OF EDUCATION RECORD INFORMATION INSTITUTIONS MAY DISCLOSE EDUCATION RECORDS

WITHOUT WRITTEN CONSENT

OF STUDENTS TO THE FOLLOWING: A COURT IF THE STUDENT HAS INITIATED LEGAL ACTION AGAINST THE INSTITUTION OR THE INSTITUTION HAS INITIATED LEGAL ACTION AGAINST THE STUDENT.

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PROCEDURES AND STRATEGIES FOR COMPLIANCE

• DISCLOSURE OF EDUCATION RECORD INFORMATION INSTITUTIONS MAY DISCLOSE EDUCATION RECORDS

WITHOUT WRITTEN CONSENT

OF STUDENTS TO THE FOLLOWING: PERSONS IN AN EMERGENCY, IF IT IS DETERMINED THT THERE IS RATIONAL BASIS TO BELIEVE THERE IS A SIGNIFICANT THREAT TO A STUDENT OR OTHER PERSONS. IN SUCH CASES, THE EDUCATIONAL AGENCY OR INSTITUTION MUST RECORD THE ARTICULABLE THREAT THAT FORMED THE BASIS FOR THE DISCLOSURE, AND THE PARTIES TO WHOM THE AGENCY OR INSTITUTION DISCLOSED THE INFORMATION.

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PROCEDURES AND STRATEGIES FOR COMPLIANCE

• DISCLOSURE OF EDUCATION RECORD INFORMATION INSTITUTIONS MAY DISCLOSE EDUCATION RECORDS

WITHOUT WRITTEN CONSENT

OF STUDENTS TO THE FOLLOWING: AN ALLEGED VICTIM OF ANY CRIME OF VIOLENCE OF THE RESULTS OF ANY INSTITUTIONAL DISCIPLINARY PROCEEDING AGAINST THE ALLEGED PERPETRATOR OF THAT CRIME WITH RESPECT TO THAT CRIME 42

PROCEDURES AND STRATEGIES FOR COMPLI

ANCE

• DISCLOSURE OF EDUCATION RECORD INFORMATION INSTITUTIONS MAY DISCLOSE EDUCATION RECORDS

WITHOUT WRITTEN CONSENT

OF STUDENTS TO THE FOLLOWING: THE PUBLIC REGARDING THE

FINAL RESULTS

OF AN INSTITUTIONAL DISCIPLINARY PROCEEDING SO LONG AS THE STUDENT HAS BEEN DETERMINED TO BE THE ALLEGE PERPETRATOR OF A CRIME OF VIOLENCE OR NON FORCIBLE SEX OFFENSE.

“Final Results” includes only: the name of the student, violation committed, and any sanction imposed by the institution against the student.

The institution may not disclose the name of any other student, including a victim or witness, without prior written consent of the other student.

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PROCEDURES AND STRATEGIES FOR COMPLIANCE

• DISCLOSURE OF EDUCATION RECORD INFORMATION INSTITUTIONS MAY DISCLOSE EDUCATION RECORDS

WITHOUT WRITTEN CONSENT

OF STUDENTS TO THE FOLLOWING: PARENTS OF A STUDENT UNDER THE AGE OF 21 REGARDING A VIOLATION OF ANY LAW, AT ANY LEVEL, OR INSTITUTIONAL POLICY OR RULE GOVERNING THE USE OF ALCHOHOL OR A CONTROLLED SUBSTANCE.

(Does not supersede any state law that prohibits disclosure of this information.) 44

PROCEDURES AND STRATEGIES FOR COMPLIANCE

• • • • DISCLOSURE OF EDUCATION RECORD INFORMATION INSTITUTIONS MAY DISCLOSE EDUCATION RECORDS OF STUDENTS TO THEIR PARENTS BY ANY OF THE FOUR PROCEDURES: BY OBTAINING THE STUDENT’S WRITTEN CONSENT BY HAVING THE PARENTS ESTABLISH THE STUDENT’S DEPENDENCY AS DEFINED BY THE INTERNAL REVENUE CODE BY EXERCISING ITS DISCLOSURE OPTION ON ANY STUDENTS UNDER 21 REGARDING A VIOLATION OF AN INSTITUTIONAL RULE OR FEDERAL, STATE, OR LOCAL LAW REGARDING THE USE OF ALCHOHOL OR CONTROLLED SUBSTANCE AS LONG AS STATE LAW PERMITS IN A HEALTH OR SAFETY EMERGENCY 45

THE PARENT TRAP

IN SUMMARY, WHAT FERPA SAYS ABOUT PARENTS When a student reaches the age of 18 or begins attending a postsecondary institution regardless of age, FERPA rights transfer to the student.

Parents may obtain directory information only at the discretion of the institution.

Parents may obtain non-directory information (grades, gpa, etc.) only at the discretion of the institution AND after it has been determined that their child is legally their dependent.

Parents may also obtain non-directory information by obtaining a signed consent from their child.

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REQUIREMENTS FOR COMPLIANCE

• • RECORDS OF REQUESTS FROM THIRD PARTIES FOR DISCLOSURE OF NON-DIRECTORY INFORMATION ALL INSTITUTIONS ARE REQUIRED TO MAINTAIN RECORDS OF REQUESTS AND DISCLOSURES OF EDUCATION RECORDS (TO INCLUDE NAMES, ADDRESSES OF THE REQUESTOR AND HIS/HER INDICATED INTEREST IN THE RECORDS.

THIS DOES NOT INCLUDE REQUESTS FROM STUDENTS FOR THEIR OWN USE, DISCLOSURES IN RESPONSE TO WRITTEN REQUESTS FROM STUDENTS, REQUESTS MADE BY SCHOOL OFFICIALS, THOSE SPECIFIED IN DIRECTORY INFORMATION 47

PROCEDURES AND STRATEGIES FOR COMPLIANCE

DISCLOSURE OF EDUCATION RECORD INFORMATION INSTITUTIONS

MAY

RELEASE

WITHOUT WRITTEN CONSENT

THOSE RECORDS IDENTIFIED AS PUBLIC OR DIRECTORY INFORMATION FOR STUDENTS WHO ARE CURRENTLY ENROLLED WITH THE FOLLOWING CONDITIONS: • THAT THE INSTITUTION INFORM THE STUDENTS CATEGORIES DESIGNATED AS DIRECTORY INFORMATION • THAT STUDENTS BE GIVEN OPPORTUNITY TO REFUSE DISCLOSURE OF ANY OR ALL CATEGORIES • THAT THE STUDENTS BE GIVEN A REASONABLE PERIOD OF TIME IN WHICH TO STATE SUCH REFUSALS IN WRITING 48

FERPA AT VITERBO

49

FERPA AT VITERBO

50

FERPA AT VITERBO

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CASE STUDIES

Posting Grades John Faculty is tired of taking phone calls from students to find out their grades after every examination, so he decided to post their grades on the wall outside his office door. Should he do this? If yes, are there any limitations to the manner in which he posts them?

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CASE STUDIES

In general this is not a good practice since many institutions have electronic means for students to view their grades in near real-time. If the faculty member insists on this practice he/she can do so; however the grades must be posted in such a manner known only to the individual student and the instructor. For example, a code established at the beginning of the term could work. Grades should not be posted in the same order as a class roster or in alphabetical order. 53

CASE STUDIES

Class Web-Based Discussion Sites Fred Faculty teaches a course that has a Web-based discussion component. Class members can see each other’s email addresses and name. It is not open to the public for view or use. Are there any FERPA issues? 54

CASE STUDIES

Since the discussion site is only accessible to students in the class, there is no FERPA issue. It is advisable for the faculty member to remind class members that the discussion threads should not be shared with others outside the class without permission from the author to do so. No non directory information should be displayed on the site. The 2009 FERPA regulations specifically state that student usernames can be displayed to others in a class, even if the students in question have chosen “no release” for their directory information. 55

CASE STUDIES

Podcasting Classes Professor Pendergast wants to publicly podcast the entire content of his courses. This includes class discussion. He decides this shortly before the term begins and hasn’t notified registered students that this will be occurring. What are the FERPA implications for this practice? Student participation in class discussions should not be made public without their express written permission. 56

CASE STUDIES

Student participation in class discussions should not be made public without their express written permission. 57

CASE STUDIES

Parents Who Are Employed at the Institution/ “Legitimate Educational Interest” Stephanie Student attends Cole College as an undergraduate. Her father is a faculty member in the medical school there. He wants to find out how Stephanie is doing in school, so he calls the Registrar’s Office to find out. How should the office respond?

58

CASE STUDIES

The father does not have a legitimate “need to know” Stephanie’s record even though he is on the faculty. The father needs to get a signed consent from Stephanie or show dependency.

59

CASE STUDIES

Talking with Parents You are an adviser in a college office. You receive a call from Dave and Kathy Smith, the parents of one of your former students. Their son, Kevin, was dismissed over a year ago. Dave and Kathy live in Florida and have been paying for Kevin to attend your college for every term during the last three years, including room and board and out-of-state tuition. They called to see how things were going since they don’t hear much from Kevin about school. How do you handle this conversation?

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CASE STUDIES

• • • • FERPA permits disclosure of information from education records to parents of students in a few different circumstances: A health or safety emergency situation.

When the student has been found in violation of conduct related to a controlled substance or alcohol and is under the age of 21.

When the student is dependent based on the IRS definition of “dependency.” When you have written permission from the student.

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CASE STUDIES

Here, prior consent is required to release anything but directory information. However, so long as Kevin has not opted out of directory information, the school official could inform the parent that Kevin is not a student at the institution. You cannot tell the parents he was dismissed. Also, consider practical tips for talking with the parents. Find out what they already know and then build from it. If appropriate, discuss use of the dependency exception for providing access to Kevin’s record.

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HOW WELL DO YOU KNOW FERPA NOW?

True or False • • • • FERPA only covers educational records in the student’s file in the registrar’s office.

Faculty may post grades on their office door.

Students have a right to inspect any record VU has for them.

Parents who are paying their child’s tuition can have access to any information on their child.

63