Transcript FERPA Family Educational Rights and Privacy Act Denise Ellis, Registrar Updated October 2011 FERPA Pre-Quiz   Joe Student is assigned to Annie Adviser.

FERPA
Family Educational Rights and
Privacy Act
Denise Ellis, Registrar
Updated October 2011
FERPA Pre-Quiz
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Joe Student is assigned to Annie Adviser. At one point during the
year, he asks if he may view his education record, including
everything that Annie has written about him. He is concerned about
what personal information Annie has included. Does FERPA allow
access to all of his record? If not, can he still see his record? A year
later, Joe is now assigned to Bill Adviser, who “inherited” Joe (and
his record) from Annie. If Joe asks to see his record again, would
there be any limitations? How should the institution respond?
Frank’s parents are divorced. By agreement, his mother claims him
as dependent, but his father is required to pay his way through
college. Frank and his mother have both refused to tell Frank’s
father anything about his academic progress at State College.
Frank’s father turns to the institution for help. Can the institution
give him the information?
FERPA Pre-Quiz
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Prestigious Engineering Firm has asked you, the Registrar, for a list
of the names and addresses of engineering students in the top 10%
of the senior class so that they can send them information regarding
a tremendous employment opportunity. How should you respond?
Mom calls the registrar’s office, looking for information about her
son, Travis. She has not heard from him in three days and he does
not answer his cell phone. She is worried. She wants the names,
phone numbers and emails of her son’s instructors to verify with
them if he has been coming to class. Should you provide that
information?
FERPA Pre-Quiz
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George is doing some family background research. He discovers that
his deceased great grandmother attended Goodman State University
many years ago. He asked the registrar’s office at Goodman State
for any records they have for his great grandmother, What should
they provide?
John Student was caught smoking marijuana in his residence hall
room at Statue University. The residence hall director wonders
whether or not it is appropriate or even allowed for him to contact
John’s parents since John is 20 years old and is no longer
dependent on his parents.
“A Federal Law designed to protect the
privacy of education records, to establish
the right of student to inspect and review
their education records, and to provide
guidelines for the correction of inaccurate
and misleading data through informal and
formal hearings.”
FERPA starts at 18 or the first day of class, until death.
The Essence of the Act
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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.
Key Concepts
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Required annual notification
Written permission required for disclosure of
student education records
The exceptions to written permission of student
Students’ right to access their records
Legitimate educational interest
Key Terms
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Educational Record
Personally Identifiable
Directory Information
School Official
What is an “Education Record?”
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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(s) or information from which an individual
student can be personally (individually) identified.
These records include: files, documents, and
materials in whatever medium (handwriting, print,
email, tapes, disks, film, microfilm, microfiche)
which contain information directly related to
students and from which students can be personally
(individually) identified.
“Personally Identifiable”
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The name of the students, the student’s parent,
or other family members;
The student’s campus or home address;
A personal identifies (such as social security
number or student number);
A list of personal characteristics or other
information which would make the student’s
identity known with “reasonable certainty.”
What is not an
Education Record?
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“Sole possession notes”
Law enforcement unit records
Records maintained exclusively for individuals in
their capacity as employees
Records of individuals who are employed as a
result of their status as students (work-study)
are education records.
Medical and treatment records.
Alumni records
“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.
 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.
 Emails can never be sole possession.
 Best advice: If you don’t want it reviewed, don’t
write it down
Requirements for Compliance
What we must do…
 Provide annual notification to students of
their rights
 Provide students access to their education
records.
Provide annual notification to
students of their right to:
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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 - FERPA office in Washington, D.C.
Directory Information
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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
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Student must be given the opportunity to request
that directory information not be released. This
right of non-disclosure applies to directory
information only.
Doane Defined Directory
Information
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Student name
Address
Telephone number
Current enrollment status
Major/minor field of study
Degree sought (BA, BS,
MED, etc.)
Expected completion/
graduation date
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Degrees and awards
received
Awards and honors
Participation in officially
recognized activities and
sports
Weight and height of
athletic team members
Photograph
What is Never Directory
Information
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Race
Gender
Social Security Number (or part of a SSN)
Grades
GPA
Country of citizenship
Religion
“School Official”
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Employed by the College in an administrative,
supervisory, academic or support staff position (including
campus safety and health staff personnel)
Elected to the Board of Trustees
A company under contract to the college to perform a
specific task such as an attorney, auditor, outsourced
service provider
Student representative on an official committee, such as
disciplinary or grievance committee or assisting another
school official in performing his or her tasks.
“Legitimate Educational
Interest”
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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.
Provide students access to their
education records:
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Inspect and review within 45 day of the request
 Right to deny copies if the student within 50 miles; if
the student has an unpaid financial obligation; or if
there is an unresolved disciplinary action
 Can charge a reasonable amount for copies
Limitations to the rights to inspect
 Parental financial information
 Confidential letters and recommendation to which the
student has waived their right
 Records containing information about more than one
student
Doane “may” disclose records
without written consent to:
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Secretary, U.S. Dept of Ed
State education
authorities
U.S. Attorney General
Accrediting organizations
Parents of a dependent as
determined by IRS code
Parents of a student
under 21 regarding an
alcohol or controlled
substance violation
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Judicial order or lawfully
ordered subpoena
Emergency if there is
believe to be a significant
threat to a student or
others
Alleged victim of any
crime of violence
Safeguarding Data
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Proper hard copy disposal
Use strong passwords
Change passwords periodically
Don’t post your password
Save files on Netfiles in folders only
accessible by those that need access
Empty your Recycle Bin
Delete/Dispose of files on storage devices
Avoid sending confidential data via E-Mail use
secure file transfer instead
Password selection
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Avoid common passwords like "password”, your
name, telephone number, repetitive or
sequential strings.
Intersperse punctuation marks or symbols such
as #, $, %, etc. Do not use a blank space.
Use at least seven characters; the more
characters, the better (as long as you can
remember them).
Use special characters and numbers and a mix
of CaSe
Doane web-based Secure File
Exchange
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Doane File Exchange is an online file transfer service
provided to Doane College faculty and staff. Using
Doane File Exchange, faculty and staff are able to send
very large files to Doane College users, and off-campus
users.
You can learn how to use and access the file exchange
on the technology website at:
About the File Exchage
http://www.doane.edu/About_Doane/Offices/its/solution
s/doane-file-exchange/
File Exchange
http://www.doane.edu/fileexchange
Remember
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Access to Datatel/WebAdvisor does NOT authorize
unrestricted use of student data. Information viewed on
a computer screen should be treated with the same
confidentiality as paper records.
Check a student’s directory restrictions before you
answer any questions.
Information may be released with a signed consent from
the student.
Curiosity does not qualify as a legal right to know.
FERPA Post-Quiz

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Joe Student is assigned to Annie Adviser. At one point during the
year, he asks if he may view his education record, including
everything that Annie has written about him. He is concerned about
what personal information Annie has included. Does FERPA allow
access to all of his record? If not, can he still see his record? A year
later, Joe is now assigned to Bill Adviser, who “inherited” Joe (and
his record) from Annie. If Joe asks to see his record again, would
there be any limitations? How should the institution respond?
ANSWER: If Annie’s notes are sole-possession, and haven’t been
shared with anyone, Joe can not see them. Once Annie gives her
notes to Bill they become part of Joe’s educational record and can
be shared upon his request.
FERPA Post-Quiz
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Frank’s parents are divorced. By agreement, his mother claims him
as dependent, but his father is required to pay his way through
college. Frank and his mother have both refused to tell Frank’s
father anything about his academic progress at State College.
Frank’s father turns to the institution for help. Can the institution
give him the information?
ANSWER: No. Making payments does not give any access to
educational records/academic progress.
FERPA Post-Quiz
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Prestigious Engineering Firm has asked you, the Registrar, for a list
of the names and addresses of engineering students in the top 10%
of the senior class so that they can send them information regarding
a tremendous employment opportunity. How should you respond?
ANSWER: Name, address, and major are directory information, but
only sharing the top 10% would disclose academic information in
relation to GPA. The institution could share information for all the
engineering graduates. Doane would request the employment
information and share it with the students for the employer instead
of giving student information out.
FERPA Post-Quiz
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Mom calls the registrar’s office, looking for information about her
son, Travis. She has not heard from him in three days and he does
not answer his cell phone. She is worried. She wants the names,
phone numbers and emails of her son’s instructors to verify with
them if he has been coming to class. Should you provide that
information?
ANSWER: Is three days an emergency? In most cases it is not, and
providing all of this information isn’t necessary. A better approach
would be for the Registrar’s Office to contact the student and let
him know their mom is worried about them, and to please contact
her. If the student has medical issues, like they are a diabetic, and
three days without contact is a concern, the safety office should be
contacted.
FERPA Post-Quiz
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George is doing some family background research. He discovers that
his deceased great grandmother attended Goodman State University
many years ago. He asked the registrar’s office at Goodman State
for any records they have for his great grandmother, What should
they provide?
ANSWER: Once a student is deceased their academic records are no
longer covered under FERPA. Doane doesn’t have a policy in
regards to records of deceased students, so employee’s use
discretion when releasing these academic records. In the scenario
above a record would probably be shared since the student has
been deceased for many years and a family member is requesting
the information.
FERPA Post-Quiz
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John Student was caught smoking marijuana in his residence hall
room at Statue University. The residence hall director wonders
whether or not it is appropriate or even allowed for him to contact
John’s parents since John is 20 years old and is no longer
dependent on his parents.
ANSWER: Doane may, and often does, contact parents of a student
under 21 regarding an alcohol or controlled substance violation.
When in doubt…
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When in doubt, DO NOT release
information. Contact the Registrar’s Office
for assistance.
“OOPS” is not acceptable when it comes
to disclosure of education records.