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OASFAA Spring 2008 Conference

OASFAA Spring 2008 Conference. FERPA. The Family Educational Rights and Privacy Act Background. Signed into law August 21, 1974. Became effective November 19, 1974. Commonly called the “Buckley Amendment.” 34 CFR Part 99. Family Policy Compliance Office. (202) 260-3887

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OASFAA Spring 2008 Conference

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  1. OASFAASpring 2008 Conference FERPA

  2. The Family Educational Rights and Privacy ActBackground • Signed into law August 21, 1974. • Became effective November 19, 1974. • Commonly called the “Buckley Amendment.” • 34 CFR Part 99. 1

  3. Family Policy Compliance Office. (202) 260-3887 www.ed.gov/policy/gen/guid/fpco/ferpa/index.html The Family Educational Rights and Privacy ActBackground FERPA applies to “an educational agency or institution to which funds have been made available under any program administered by the Secretary (of education)” (34 CFR 99.1). 2

  4. Rights of Parents and Eligible Students • Rights transfer to students: • At age 18. • “Eligible students.” • Currently or formerly enrolled. • Not: • Deceased students. • Prospective students. 3

  5. Rights of Parents and Eligible Students Parent: A natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian. 3

  6. Rights of Parents and Eligible Students • Two parties have access to student’s education record. • The student. • Parents of dependent student. • Defined in IRS Code, Section 152. • School’s release of parents’ financial information to student is not required. • Parent/student FAFSA completion. • Potential conflict. 3

  7. Legitimate educational interests. Other schools to which a student is transferring. Audit/evaluation purposes. Appropriate parties with students’ financial aid. Organizations conducting studies for schools. Accrediting organizations. A judicial order or lawfully issued subpoena. Health and safety emergencies. State and local authorities in juvenile-justice system. Under age 21 and violated alcohol and drug laws or policies. Alleged victim of a crime. Written ConsentNot Needed 4

  8. Written: Specify the records to be disclosed. State the purpose of the disclosure. Identify the party or class of parties to whom the information will be disclosed. Be signed and dated. Electronic: Identifies and authenticates a particular person as the source of the electronic consent. Identifies that person’s approval of the information contained in the electronic consent. Written ConsentStandards 5

  9. Student’s name. Address. Telephone listing. E-mail address. Photograph. Date and place of birth. Major field of study. Dates of attendance. Grade level. Enrollment status. Participation in officially-recognized activities and sports. Athlete weight and height. Degrees, honors and awards. Most recent institution attended. Directory information refers to information contained in students’ education records, not generally considered harmful or an invasion of privacy, if disclosed. Directory Information 6

  10. Annual Notification • Annual notification to students required. • Must be made by means likely to inform students. • College catalogue. • College handbook. • School Web site. • Student may request that information not be released. • Request must be in writing. 7

  11. Education Record • Records, files, documents or other materials containing student-related information. • Maintained by educational agency or institution. • Includes records accessible to another individual. • Handwritten, print, electronic, CD-ROM or other media. • FERPA does not mandate time frame for retaining. • Time frame varies based on the type of record. • Federal, state and/or institutional policies specify archiving needs. 7

  12. Education Record Exceptions • Sole-possession records or private notes. • Law enforcement or campus-security records. • Personnel records. • Unless for student employees. • Professional-treatment records. • Information obtained on a former student. • Alumni records. 8

  13. Education Records Requirements • School must maintain: • List of all education records. • Location of records. • Procedures by which student can review records. 8

  14. Disclosure must include: Names of parties who requested or received the information. Parties who requested or received information and any legitimate interest. Exceptions: Eligible student or parent. School official with legitimate educational interest. Seeking directory information. A subpoena with orders that the subpoena not be disclosed. U.S. Attorney General investigating or prosecuting terrorism crimes. Record of Disclosures 8-9

  15. Access to Student RecordsSubpoenas • A command from a court requiring a person’s appearance to provide testimony or evidence. • Student notification required. • Send via certified mail with return receipt. • Exceptions: • Subpoena specifies not to notify student. • Submitting records. • Certified copies sent to issuer or agency collecting documents. • May charge fees for copying and mailing. • Consult with legal counsel before responding. 9-10

  16. Access to Student RecordsStudent Employees’ Use of Records Office is responsible for the privacy and confidentiality of student records that student employees use. • Recommended use of code of responsibility. • New-employee training tool. • Violations and sanctions explained. 10-11

  17. Access to Student RecordsParental Access to Records • Parents have no inherent rights to inspect eligible student’s records. • Rights can be modified. • Written consent of student. • In compliance with subpoena. • In connection with health or safety issue. • Parent(s) claim student on taxes. 11-12

  18. FERPA Violation Penalties • Family Policy Compliance Office. • If FPCO finds a violation, school is notified to correct its actions. • If school still fails to comply with FERPA, Secretary can direct no further federal funding. 13

  19. FERPA Violation PenaltiesGonzaga v. John Doe (June 20, 2002) • Students cannot sue schools that release grades and other personal information improperly. • 7-2 Vote. • Found that FERPA gives “no specific, individually enforceable rights.” • Leaves enforcement to ED. 13

  20. Ensuring Compliance • Compliance, customer service and conflict require the financial-aid office to act responsibly. • Develop and share a student-record privacy and confidentiality statement for your office. • Provide staff training and require a signed statement or code of responsibility from all employees. • Attend FERPA conferences/training sessions. • NASFAA Self-Evaluation Guide on FERPA. • AACRAO’s FERPA Guide. 14-15

  21. Federal Legislative Amendments • The Jeanne Clery Disclosure of Campus Security and Campus Crime Statistics Act. • The Gramm-Leach-Bliley Act. • The Campus Sex Crime Prevention Act. • The USA Patriot Act. • The Student and Exchange Visitor Information System. 16-19

  22. Notice of Proposed RulemakingFederal Register March 24, 2008 • Proposed changes to FERPA include: • Implementing provisions of amendments: • USA Patriot Act. • Campus Sex Crimes Prevention Act. • Implementing Supreme Court decisions: • Owasso Independent School District vs Falvo. • Gonzaga University vs Doe. • Clarifying and updating provisions based on ED’s experience administering FERPA. • Clarifying issues resulting from tragic events at Virginia Tech.

  23. Federal Update Case Studies 20-25

  24. Questions?

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