FERPA Family Educational Rights and Privacy Act

1. FERPAFamily Educational Rights and Privacy Act Northern Kentucky University Office of the Registrar Administrative Center 301 859.572.5556 registrar@nku.edu

2. Index Hit your Enter key to advance through the slideshow, or click any index hyperlink below to ‘jump’ to a slide • FERPA (Students have a right to…) • What are education records? • Examples of education records • Education records are not • Disclosure of education records • Directory Information • Disclosure without prior consent • Other legal exceptions • Best practices

3. The Family Educational Rights and Privacy Act was enacted by the United States Congress in 1974. The FERPA Act, as amended, sets forth requirements regarding the privacy of student records and affords students certain rights with respect to their education records. Students have the right to: • inspect and review their education records within 45 days of the date that NKU receives a request for access. • request an amendment of the student's education records to ensure that they are not inaccurate, misleading, or otherwise in violation of the student's privacy. • request that school officials not disclose personally identifiable information about them or permit inspection of their records without written permission unless such action is covered by certain exceptions permitted by the Act. • file a complaint with the U.S. Department of Education concerning alleged failures by Northern Kentucky University to comply with the requirements of FERPA.

4. Whatareeducationrecords? • Records that are directly related to a student, which include any information in any medium, including but not limited to handwriting, print, audio and video tapes, film, e-mail, microfilm, and microfiche. • Records that are maintained by an institution or by a party acting for the institution.

5. Examples of Education Records: • Social security number or any part of the social security number. • Admissions information for students who are accepted and enrolled. • Biographical information including date and place of birth, gender, nationality, race, ethnicity, religion, and identification photographs. • Grades, test scores, evaluations, courses taken, GPA, academic specialization and activities, and a student’s academic status. • Coursework including papers and exams, class schedules, as well as written e-mail or recorded communications that are part of the academic process. • Disciplinary records. • Student financial and financial aid records. • Internship or study abroad program records.

6. Education Records are not: • Sole possession records such as memory aids, reference tools, and personal notes about a student that are not shared with others or made accessible to others, including but not limited to the student and other university officials. • Northern Kentucky University law enforcement records. • Medical treatment records. • Employment records, unless the students’ employment is predicated upon their status as students  (i.e., Federal work-study student). • Alumni records which do not relate to or contain information about the person as a student. • Sharing personal 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. In short, if you don’t want it reviewed, don’t write it down, destroy it, or store it where you have sole access.

7. Disclosure of Education Records • Student education records may not be disclosed to anyone unless the student has given written consent, or the disclosure is a legal exception. • One of the exceptions is the release of directory information about a student. Consent from a student is not generally required for the release of directory information, and it may be viewed and released to the public unless the student has placed a privacy restriction on its release through the Northern Kentucky University Office of the Registrar.

8. Directory Information • The following directory information may be disclosed as long as the student has not requested a privacy restriction to be placed on his or her records. • Name • Local and permanent mailing addresses and telephone numbers • Electronic mail addresses • Enrollment status: full- or part-time; dates of attendance • Major/Minor/Area of Concentration • Type of degree being pursued; degrees awarded • Theses titles/topics • Photograph • Date and/or place of birth • Honors and awards received • Participation in officially recognized activities and sports

9. Disclosure without prior consent: • In addition to the release of directory information, FERPA also defines other legal exceptions in which an education record can be released to certain parties without written permission from the student. • School officials who act in the student’s educational interest on a legitimate, “need-to-know” basis. • A school official is a person employed by the university in an administrative, supervisory, academic, research, or support staff position; a person or company with whom the university has contracted; a person serving on the Board of Regents; 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.

10. Other legal exceptions include release: • To authorized representatives of the U.S. Department of Education, U.S. Department of Defense, U.S. Attorney General, INS, Homeland Security, the Comptroller General of the United States, state education authorities, organizations conducting studies for or on behalf of the university, and accrediting organizations. • In connection with the student’s application for, and receipt of, financial aid. • In compliance with a judicial order or lawfully issued subpoena. • To parents of dependent students as defined by the Internal Revenue Code, Section 152 – only upon written request from the parent(s). • To appropriate parties in a health or safety emergency. • To the alleged victim of any crime of violence handled by disciplinary proceedings conducted by the College. • “According to the Foley Amendment to FERPA (2000) the institution can release information to parents regarding the student’s violation of any federal, state, or local law; or of any institutional policy or rule governing the use of alcohol or a controlled substance if the institution has determined that the students has committed a disciplinary violation with respect to that use or possession, and the student is under the age of 21.” (AACRAO 2006 FERPA Guide) • FERPA allows the institution to disclose education records if it determines that there is articulable and significant threat to the health or safety of a student or other individuals, but only to those persons whose knowledge of the information is necessary to protect the health and safety of the student or other individuals.

11. Best Practices for School Officials: • Take precautions – do not accidently violate students FERPA rights! • Only provide requested information to the student unless the third party has a signed consent allowing them to receive the requested information. • Close files; lock computer screens when away from your desk, cover papers, close office door when talking with students. • Pay attention to the FERPA directory restrictions that appear on your screen when accessing a student’s record in the Student Information System. • If you are unsure about what you are allowed to release contact the Office of the Registrar or Department of Legal Affairs.