Transcript FERPA PRIVACY STUDENT RECORDS RECORD RET RETENTION FERPA PRIVACY CENSUS PERSONAL GHTS FERPA, FERPA, STUDENT CONDUCT FERPA SB1440 GRADUATION AND PERSISTANCE SUCCE EVALUATIONS GRADES.

FERPA PRIVACY STUDENT RECORDS RECORD RET
RETENTION FERPA PRIVACY CENSUS PERSONAL
GHTS FERPA, FERPA, STUDENT CONDUCT FERPA
SB1440 GRADUATION AND PERSISTANCE SUCCE
EVALUATIONS GRADES IMPORTANT FERPA SLO
REGISTRATION OUTCOMES CSU UC GRADUATIO
STUDENT SUCCESS APPLICATION COLLEGE ASSO
VICTOR DEVORE, SUPERVISOR ADMISSIONS AND RECORDS
CUYAMACA COLLEGE
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WHAT IS FERPA?
FERPA
FERPA stands for the Family Educational Rights and Privacy Act of 1974
FERPA is a Federal Law that is 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.
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FERPA is enforced by the Family Policy Compliance Office, U.S. Department of
Education, Washington DC
THE ESSENCE OF THE ACT
1) College students must be permitted to inspect their own
education records.
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2) 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 TERMS AND CONCEPTS
• Education Record
• Directory Information
• School Official
• Legitimate Educational Interest
• Prior Consent to Disclosure
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• Students’ right to access their education records as outlined in
the College Catalog and College Website
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 identified.
WHAT IS NOT AN EDUCATION RECORD?
“Sole Possession” notes
Law enforcement unit records
Financial records of the student’s parents
Records maintained exclusively for individuals
in their capacity as employees
• Medical & Treatment records (HIPAA)
• Alumni Records
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WHAT IS “PERSONALLY IDENTIFIABLE?”
Personally Identifiable means data or information which includes:
1) The name of the student, the student’s parent, or other family
members.
2) The student’s campus or home address;
3) A personal identifier (such as a social security number or student
number)
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4) A list of personal characteristics or other information which would
make the student’s identity known with “reasonable certainty”
GRADES POSTED OUTSIDE OF PROFESSOR’S OFFICE
WITH STUDENT ID?
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NO
WHAT IS 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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Students may opt-out of directory information being
published.
WHAT IS DIRECTORY INFORMATION?
Some of the following are possible items that a college may designate as
directory information:
• Name, address, phone number, email address, dates of attendance
and enrollment status (full-time, half-time)
• Student participation in officially recognized activities and sports
including weight, height, and high school of graduation of athletic
team members
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• Degrees and awards received by students, including honors,
scholarship awards, athletic wards, Vice President’s and President’s
recognition.
WHAT CAN NEVER BE DIRECTORY INFORMATION?
Directory information can never include the following:
• Race, gender, ethnicity, sexual orientation
• SSN
• Grades
• GPA
• Citizenship
• Student ID Numbers (unless used as a login combined with
password/pin; may include ID badges but must require a second
authentication feature.)
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• Religion
SCHOOL OFFICIALS
A school official can be a person:
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,
4. Serving as a student representative on an official committee, such as a
disciplinary committee, or assisting another school official in performing
his or her tasks. (Teacher’s Assistants)
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3. Or a company employed by or under contract to the college to perform a
specific task, such as, an agent, an attorney, an auditor, or an
outsourced service provider. (e.g. San Diego County Sheriff)
LEGITIMATE EDUCATIONAL INTEREST
The demonstrated need to know by those officials of an
institution who act in the student’s educational interest,
including faculty, administrators, clerical and professional
employees, and other persons who manage student record
information.
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Although FERPA does not define “legitimate educational
interest”, it states that institutions must specify the
criteria for determining it.
INSPECTION AND REVIEW
Students have the right to see everything in their “education record”
except:
• Information about other students;
• Financial records of parents; and
• Confidential letters of recommendation if they waive their right of
access
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FERPA does not prescribe what records are created or how long they are
kept. However you cannot destroy a record if there is a request to inspect
and review. It is important to know and understand the district’s records
retention policy. (Ref. BP/AP 3310)
RIGHT TO CONSENT TO DISCLOSURE
Students have the right to control to whom his or her education record
is released. The college must keep all written consents on file for a
minimum of three years.
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There are exceptions….
WHEN IS PRIOR CONSENT NOT REQUIRED?
Institutions may disclose records without consent if certain requirements are met, but it is
not required to do so.
Some examples:
• “School officials” with a “legitimate educational interest.” Employees and legal agents
have access to education records in order to perform their official, educationallyrelated duties
• Disclosure to organizations conducting studies to improve instruction, or to
accrediting organizations.
• Disclosure to parents of dependent students (IRS definition); Parents must file a
certification of dependency e.g. income taxes
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• Judicial Order or lawfully issued subpoena
WHEN IS PRIOR CONSENT NOT REQUIRED? (CONT’D)
Institutions may disclose records without consent if certain
requirements are met, but it is not required to do so.
Some examples:
• Disclosure of health/safety emergency (must document what
the emergency was and to whom the information was
released.)
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• Disclosure of directory information, provided the student has
not “opt-out” of direction information.
WHEN IS PRIOR CONSENT NOT REQUIRED? (CONT’D)
Solomon Act:
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The Act allows military organizations access to information ordinarily
restricted under FERPA for the purpose of military recruiting. The
Solomon Amendment permits Department of Defense entities to
physically access institutional facilities to recruit students, and to
obtain students' names, addresses, phone numbers, age, class, and
degree program once every term. Institutions are exempt from these
requirements if they do not collect this information, or if they do not
normally provide this information to prospective employers. The
Solomon Amendment only applies to enrolled students over the age 17.
WHEN IS PRIOR CONSENT NOT REQUIRED? (CONT’D)
Solomon Act:
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Institutions that violate the Solomon Amendment risk loss of funding
from several federal agencies, including the Departments of Defense,
Education, Health and Human Services, and Labor. If a component of the
institution violates the Solomon Amendment, larger system funding
may be affected.
REQUIREMENTS FOR COMPLIANCE
Institutions must provide an annual notification to students of
their FERPA rights.
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Right to Inspect
Right to amend and challenge
Opt out of directory information
Complaint process with US DoE
Criteria for school officials & legitimate educational interest when
disclosing information without prior consent.
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Must provide students access to their education records (Keep in
mind state = 15 days vs federal = 45 days)
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SPECIFIC ISSUES
DIRECTORY INFORMATION EXAMPLE
Your college designates name, address, telephone numbers, email
address, and honors and awards received as directory information.
A non-profit organization that serves disabled students asks your
college for directory information on students who are enrolled in
DSPS.
Can the names and contact information of your DSPS students be
disclosed to the organization as directory information?
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No. You cannot link directory information with an item that cannot
be designated as directory information, such as disability status.
STUDENT LEARNING OUTCOMES
Administrators and faculty with a legitimate educational interest may
have access to education records. Please note that the faculty or staff
must have a reason to access the information in order to perform their
educationally-related duties.
“Good” Example
Math Department Chair asking for GPA records for all students who
took MATH-103 and MATH-110 and if they progressed to Pre-Calculus.
“Bad” Example
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Business Faculty requesting contact and GPA records for all students
who are over the age of 24 and in Intercollegiate sports.
FERPA, MINORS AND CONCURRENT ENROLLMENT
Linda, who is 17, is still in high school but is also taking
classes at your college.
Have FERPA rights transferred to Linda?
Yes.
Can her parents see the records at your college?
Not unless an exception allows it, e.g., claiming little Linda
on their income taxes.
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Is there another way the parents might see these records?
WHAT ABOUT PARENTS?
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When a student reaches the age of 18 or begins attending a
postsecondary institution regardless of age, FERPA rights transfer to
the student.
Institutions may disclose education records
of students to their parents by any of the following:
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1. By obtaining the student’s written consent
2. By having the parents establish the student’s
dependency as defined by Internal Revenue Code
3. By exercising its disclosure option on any students
under age 21 regarding a violation of an
institutional rule or federal, state, or local law
regarding the use of alcohol or controlled
substance as long as state law permits.
4. In a health or safety emergency.
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Q&A?