Transcript FERPA for Advisors

FERPA:
An introduction to the Family
Educational Rights and Privacy Act
Presented by:
Kristy Giacomelli
Assistant Registrar
[email protected]
573-341-4224
Family Educational Rights and Privacy
Act of 1974 (FERPA)
A Federal law designed to protect the
privacy of educational records, to
establish the rights 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.
Who is covered by FERPA?
• Any individual who is or has been in
attendance at an institution, in person or
by correspondence, regardless of their
age or status in regard to parental
dependency.
Primary Rights of Students Under
FERPA
• To inspect and review their educational
records.
• To seek to amend their educational
records.
• To have some control over the release of
information about their educational
records.
What can I release?
• Directory information may be shared,
unless a student has asked that it not be.
• We flag students in Joe’SS (the window
shade) who do not want their information
released to the public.
• If you encounter this flag, say, “I’m sorry,
but I have no information to release on
that individual.” Do NOT say anything
that indicates that this person is a
Missouri S&T student.
Missouri S&T’s Directory
Information is (Same for all UM system):
• Name
•
• Address (local and
permanent)
•
• Telephone listing
• Email address
• Major field of study •
• Dates of attendance
• Student Level
• Degrees and awards
received
Enrollment status
(i.e. full/part time)
The most recent
education agency or
institution attended.
Participation in officially
recognized sports
What can I not release?
• Social security number
• Student number
• Race/ethnicity/nationality
• Gender
• Student Class Schedule
• Grades
• Other “personally identifiable” information
without written consent.
S&T’s policy regarding release of
information
• In accordance with S&T’s FERPA
policies, you may release directory
information if the student has not asked
that it be withheld.
Are there any exceptions to the
prior consent requirement?
Institutions may release information from
student records without prior consent to:
 School officials with legitimate
educational interest (as defined by
institution within FERPA guidelines)
 To Federal, State, and local authorities
involving an audit or evaluation of
compliance with education programs
Exceptions to prior consent
continued…
• In connection with financial aid
• To organizations conducting studies of or on
behalf of educational institutions (provided the
institutions research board has cleared the
research.)
• To accrediting agencies
• To comply with a judicial order or subpoena
• In health or safety emergencies
• Directory information (as described before)
• To the student
Is everyone at an institution a
“school official”?
• School officials are individuals employed by the
institution
• A person serving on an institutional governing
board
• A person employed by or under contract to the
institution to perform a specific task such as an
attorney or auditor
• Just because an individual is a school official
does NOT mean that he or she has access to
any student’s record at any time for any reason.
What is an “educational need to
know”?
• Educational need to know, or legitimate
educational interest, is when the official
needs the information to:
– Perform a task related to a student’s education
– Perform a task related to the discipline of a student
– Provide a service or benefit relating to the student or
student’s family, such as health care counseling, job
placement or financial aid
– Perform appropriate tasks that are specified in his/her
position description or by a contract agreement
What is the penalty of violating FERPA
and how would anyone know?
• Students may file complaints with the U.S.
Department of Education
• The Family Policy Compliance Office
(FPCO) is authorized by the Secretary of
Education to investigate, process, and
review complaints and violations under
FERPA
• If a complaint is found to be valid, the
institution may lose Department of Education
funds, for instance federal financial aid.
• Generally this is done only if compliance can
not be secured with voluntary means.
Solomon Act and FERPA
• If requested by an arm of the military, the
institution must provide student recruitment
information, which is similar, but different
than directory information. It includes:
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–
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Name
Address (determined to include email address)
Telephone number
Class level
Academic major
Degrees received
Most recent institution in which student was enrolled.
FERPA bottom line for you
• Institutions may not disclose information
about a student without a student’s
written consent (with few exceptions.)
• You, as an faculty member, are often the
one who is asked for information, so you
need to know what to release, about
whom, to whom and when.
• You need to know how to record
requests for release of information
Permission Letter to Write a
Letter of Recommendation
Strategies for dealing with upset
individuals and FERPA
• Listen. Make sure that you have heard the entire story before
you respond.
• Repeat. Show that you understand by repeating back to the
person the question they asked or recounting/summarizing the
story.
• Empathize. Acknowledge the feelings of the other person, for
example, “I can see how this situation is upsetting you.”
• Tell them what you can and can not do and WHY. (Use
knowledge of FERPA here.) Use the FERPA page in Joe’SS to
know what information you can and cannot share.
• Obtain the student’s signature on the Non-directory
information Release Form. Form is available on the web
• Try to speak directly to the student. Or get the students
name and have a supervisor call him/her.
FERPA Restriction
FERPA Restriction Con’t
FERPA Release
Helpful FERPA Tips
• Obtain a signed release for the following:
– If you share examples of a students work with
faculty or other classes
– If you have students share work online
– If you plan to write a letter or recommendation to
include non-directory information
• Set up student files in secretary office to distribute
student work.
• When sending an email to a group of students, use
the BCC option.
FERPA Don’ts
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At anytime use the entire/portion of student ID or SSN in a
public posting of grades.
Leave graded tests/homework in a stack for students to pick up
where they would have to sort through papers.
Pass around a printed class list/roster with student names, SSN,
Student ID, or grades
Discuss the progress of a student with anyone other than the
student (and this includes parents) without the written consent of
the student.
Provide anyone with a list of students enrolled in your classes
for any commercial/advertising purpose
Provide anyone with a students schedules or assist anyone
other than the university employees in finding a student on
campus
E-Mail grades to students
CC student information in an email.
In Conclusion:
• Thank you for your time and questions
today.