ferpa key

The FamilyEducational Rights&Privacy Act(FERPA): 

The Family Educational Rights & Privacy Act (FERPA)

FERPA Key Concepts: 

FERPA Key Concepts Required annual notification Written permission of student required to disclose Exceptions to written permission requirement Students’ right to access their records The “musts” and “mays” in FERPA Parents/parental disclosure Legitimate educational interest

FERPA Key Terms:: 

FERPA Key Terms: Directory information Education record Eligible student Personally identifiable School official

Family Education Rights and Privacy Act of 1974: 

Family Education 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.”

Family Education Rights and Privacy Act of 1974 (cont’d): 

Family Education Rights and Privacy Act of 1974 (cont’d) This act is enforced by the Family Policy Compliance Office, U.S. Department of Education, Washington, DC. The Family Policy Compliance Office is the office within the Department of Education that administers FERPA and is responsible for providing technical assistance on FERPA to educational institutions.

The Essence of the Act: 

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 their written permission unless such action is covered by certain exceptions permitted by the Act.

What is an Education Record?: 

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.

What is an Education Record? cont’d: 

What is an Education Record? cont’d 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.

“Personally Identifiable”: 

“Personally Identifiable” Personally identifiable means data or information which include: The name of the student, the student’s parents, 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 a student’s identity easily traceable.

Grades Posted: 

Grades Posted Last 4 digits of Soc. Sec. #

What an Education Record is Not: 

What an Education Record is Not “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. Doctor-patient privilege records Alumni records

“SOLE POSSESION NOTES”: 

“SOLE POSSESION NOTES” Are made by one person as an individual observation or recollection, are kept in the possession of the maker, and are shared only with a temporary substitute. This term has always been narrowly defined. Notes taken in conjunction with any other person are sole possession notes (e.g., counselor’s notes, interview notes.) Sharing these notes with another person or placing them in an area where they can be viewed by other makes them “education records" and subject to FERPA. Best advice: If you don’t want it reviewed, don’t write it down.

Slide13: 

“Sole possession” notes continue… IT’S STORY TIME!!! At an institution in the Midwest, the Affirmative Action Officer (subsequently referred to as the AAO) was investigating a complaint filed by a student with the state’s Department of Human Rights. The student alleged that she been sexually harassed by a faculty member.

IT’S STORY TIME!!!Cont’d: 

IT’S STORY TIME!!! Cont’d In the investigation, the AAO interviewed all students who may have observed the alleged incident. The AAO interviewed each student individually and privately, and while interviewing, wrote notes of each student’s observations and recollections. The AAO did not ask each student to review the notes for accuracy and did not share the notes with anyone. The interview notes were maintained in the AAO’s office in a locked cabinet. No other person had access to the notes. The AAO did review the notes when preparing a response to the Department of Human Rights but did not disclose the notes themselves to anyone.

Slide15: 

Several years later, the student who had made the accusation of sexual harassment discovered that the notes existed and asked to see them since, under FERPA, she said a student has the right to examine education records. The AAO was advised by legal counsel that the notes were “sole possession” records and thus were not education records and not subject to review by the student. The student then filed a complaint with the Family Policy Compliance Office, claiming that her “right to access” under FERPA had been denied. Was her “right to access” improperly denied?

Slide16: 

The Family Policy Compliance Office determined that since the notes had been “…prepared with the assistance of participation of others, such as the students interviewed….,” the notes were education record must be provide access to them under FERPA. The notes in question were not sole possession notes. Redacted to protect the privacy of the students who had been interviewed the notes were provided to the complainant (student).

What is an Education Record? (Summary): 

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 as student can be identified); and not one of the excluded categories of records… then you have an education record, and it is subject to FERPA.

Directory Information: 

Directory Information The following is classified as a “directory information” and will be released upon the request of any person. Name Address Major field of study Dates of attendance Degrees, certificates or diplomas received Honors received

Directory Information, cont’d: 

Directory Information, cont’d Individual students have the right to submit a request in writing to the custodian of student records that all or any part of the directory information NOT be released.

What information can never be included as directory information?: 

What information can never be included as directory information? A Student’s: Race Gender Social Security Number Grades GPA Country of Citizenship Religion

School Officials: 

School Officials A “school official” can be a person: employed by the college in an administrative supervisory, academic, research, or support staff position (including law enforcement and health staff personnel), elected to the board of trustees, or company employed by or under contract with the college to perform a special task (such as the attorney, auditor, or collection agency) or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.

At FCCJ, a school official is a person:: 

At FCCJ, a school official is a person: Employed by the institution in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); Or company with whom the university has contracted e.g., attorney, auditor collection agent; Serving on the Board of Trustees; 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.

Requirement for Compliance: 

Requirement for Compliance Provide annual notification to students of their right to know: (I) That school officials within the institution may obtain information from education records without obtaining prior written consent, (2) the criteria for determining who will considered school officials, and(3) what legitimate educational interests will entitle school officials to have access to education records.

Legitimate Educational Interest: 

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. Although FERPA does not define legitimate educational interest, it states that institutions must specify the criteria for determining it.

Legitimate Educational Interest at FCCJ College: 

Legitimate Educational Interest at FCCJ College 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.

Slide26: 

Time for another story

Slide27: 

Time for another story discussed….

Sample Permission Letter to Write a Letter of Recommendation: 

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. Jacksonville, FL 32109 Prof. Kostal has my permission to include my grades, GPA, and class rank in this letter. I waive/do not waive my right to review a copy of this letter at any time in the future. __________________________________ Signature Date

Procedures and Strategies for Compliance: 

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 exception as noted in sections 2 and 3 below.) The written consent must:

Slide30: 

Specify the records to be released. State the purpose of the disclosure. Identify the party or parties to whom disclosure may be made. Be signed and dated by the student.

Procedures and Strategies for Compliance (cont.): 

Procedures and Strategies for Compliance (cont.) 2. Institutions must disclose education records without written consent of students to the following: A. Students who request the information from their own records.

Procedures and Strategies for Compliance (cont.): 

Procedures and Strategies for Compliance (cont.) 3. 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 United States The Secretary of the United States Department of Education U.S. Attorney General (law enforcement only) State education authorities.

Procedures and Strategies for Compliance (cont.): 

Procedures and Strategies for Compliance (cont.) Disclosure of education record information. 3. Institutions may disclose education records without written consent of students to the following: Personnel within the institution determined by the institution to have a legitimate educational interest. Officials of other institutions in which the student seeks to enroll, on condition that the issuing institution makes a reasonable attempt to inform the student of the disclosure.

Procedures and Strategies for Compliance (cont.): 

Procedures and Strategies for Compliance (cont.) Institutions may disclose education records without written consent of students to the following: Persons or organizations providing to the student financial aid or determining financial aid decisions. Organizations conducting studies to develop, validate, and administer predictive tests; to administer student aid programs; or to improve instruction.

Procedures and Strategies for Compliance (cont.): 

Procedures and Strategies for Compliance (cont.) 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 the student’s status as a dependent.

Procedures and Strategies for Compliance (cont.): 

Procedures and Strategies for Compliance (cont.) 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 makes a reasonable attempt to notify the student. Exception: If the subpoena is issued by a federal grand jury, or for a law enforcement purpose, and orders the institution not to notify the student.

Procedures and Strategies for Compliance (cont.): 

Procedures and Strategies for Compliance (cont.) 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.

Procedures and Strategies for Compliance (cont.): 

Procedures and Strategies for Compliance (cont.) Disclosure of education record information. Institutions may disclose education records without written consent of students to the following: Persons in an emergency, if the knowledge of information, in fact, is necessary to protect the health or safety of the student or other persons.

Procedures and Strategies for Compliance (cont.): 

Procedures and Strategies for Compliance (cont.) 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.

Procedures and Strategies for Compliance (cont.): 

Procedures and Strategies for Compliance (cont.) Disclosure of education record information. Institutions may disclose education records without written consent of students to the following: Veterans’ Administration (VA) officials in response to requests related to VA programs. Representatives of the Immigration and Naturalization Service for purpose of the Coordinated Interagency Partnership Regulating International Students (CIPRIS).

Procedures and Strategies for Compliance (cont.): 

Procedures and Strategies for Compliance (cont.) 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 alcohol or controlled substance. Note: Does not supersede any state law that prohibits disclosure of this information.

Procedures and Strategies for Compliance (cont.): 

Procedures and Strategies for Compliance (cont.) 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, as long as the student has been determined to be the alleged perpetrator of a crime of violence or non-forcible sex offense.

What Do the “Final Results” Include?: 

What Do the “Final Results” Include? Must include 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 student, including a victim or witness, without prior written consent of the other student.

Parental Disclosure: 

Parental Disclosure Institutions may disclose information about students to their parents by either of these two procedures: By obtaining the student’s written consent. By having the parents establish the student’s dependency as defined by Internal Revenue Code of 1986, Section 152.

What About Parents?: 

What 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.

What About Parents? Cont’d: 

What About Parents? Cont’d 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 obtain non-directory information by obtaining a signed consent from their child.