FERPA Overview

1. FERPA Overview Kapi‘olani Community College Counselor Academy - Summer 2009 July 14, 2009

2. What is FERPA? • The Family Educational Rights and Privacy Act of 1974, as amended, sets forth requirements regarding the privacy of student records. • Students have the right to: • Inspect and review education records; • Seek amendment of education records; • Consent to the disclosure of educational records; • Obtain a copy of the school’s FERPA policy; and • File a complaint with the FERPA Office in Washington, DC.

3. The Essence of FERPA • College students must be permitted to inspect their own educational records. • 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.

4. Educational Records • Those records directly related to a student and maintained by the institution or by a party acting for the institution. Examples of educational records include: • Information from any student information system such as Banner, STAR, SARS, or any other system with student information. • Personal information, enrollment records, grades, or schedules. • Hard copy reports. • Hard copy files. • E-mail correspondence. • Information viewed in any medium (i.e. paper, computer, etc.) must be treated with the same confidentiality.

5. Education Records (cont.) • The storage media in which you find this information does not matter. Student education records may be: • A document in KISC. • A computer printout in your office. • A class list on your desktop. • A computer display screen. • Notes you have taken during an advisement session.

6. Educational Records (cont.) • The term “education records” does not include the following: • Sole Possession Records (records kept in the sole possession of the author for the purpose of a memory aid and is not shared with any other person.) • Personal Notes by Faculty/Staff which are not shared with others. • Campus Security Records. • Employment Records (with the exception of student workers). • Records containing only information pertaining to a person after the person is no longer a student at the institution.

7. Inspection of Records The right to inspect and review the student’s education records within 45 days of the day the College receives a written request for access. Note: Care should be taken in placing comments or other information in a student’s file. Students may request to view the content of their record.

8. Questions???

9. Amendment of Records • The right to request the amendment of the student’s education records that the student believes are inaccurate or misleading. • Students may ask the College to amend a record they believe is inaccurate or misleading. They should write the College official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. • If the College decides not to amend the record as requested by the student, the College will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.

10. Disclosure • The right to consent to disclosures of personally identifiable information contained in the student’s education record, except to the extent that FERPA authorizes disclosure without consent. • FERPA permits disclosure of the educational record without consent to school officials with legitimate educational interests. A school official is a person employed by the College in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the College has contracted (such as an attorney, auditory, or collection agent); a person serving on the Board of Trustees; 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.

11. Disclosure (cont.) • 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.

12. Health and Safety ExceptionAmended – December 9, 2008 • If the College determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records to appropriate parties whose knowledge of the information is necessary to protect the health and safety of the student or other individuals. • The College is required to document the articulable and significant threat that formed the basis for the disclosure and the parties to whom the information was disclosed.

13. Right to File a Complaint The student has the right to file a complaint with the U.S. Department of Education concerning alleged failures by the College to comply with the requirements of FEPRA. The name and address of the Office that administers FERPA is: Family Policy Compliance Officer U.S. Department of Education 400 Maryland Avenue, SW Washington, DC 20202 - 4605

14. Administration Procedure A7.022 Students are advised that institutional policy and procedures required under FERPA have been published as Administrative Procedure A7.022, Procedures Relating to Protection of the Educational Rights and Privacy of Students. Copies of Administrative Procedure A7.022 may be obtained from the Office of the Vice Chancellor for Students or online at: http://www.hawaii.edu/svpa/apm/a700/a7022a.pdf

15. Questions???

16. Application of FERPA

17. Directory Information • The College, without prior written consent may release information for students that have been identified as directory information. • Only authorized representatives of the College may release directory information. • In practice, items such as address, phone number and e-mail addresses are not released in response to general inquiries.

18. Name of Student Local address & zip Code Local telephone number E-mail address Major field of study Education level (i.e., freshman, etc.) Dates of attendance Enrollment Status (full-time or part-time) Degrees & awards received Most recent educational institution attended Fact of participation in officially recognized activities & sports Weight & height of members of athletic teams Directory Information (cont.)

19. Confidential Records • Students may request to have their directory information withheld. • Students are identified in Banner as “Confidential”. • College response to inquiries is, “We have no information related to this person that we may release”. • Requesting to have directory information withheld does not prevent disclosure of the student’s name, institutional e-mail address, or electronic identifier in the student’s physical or electronic classroom.

20. Third Party Access to the Education Record A parent or spouse of a student is advised that information contained in educational records, except as may be determined to be Directory Information, will not be disclosed to him/her without the prior written consent of the son, daughter, or spouse. Written Consent - A signed and dated document that includes specification of the records to be disclosed, the purpose of the disclosure and the identity of the person to whom records will be disclosed.

21. KISC – FERPA Non-Disclosure Form(See Handout) REQUEST NOT TO RELEASE DIRECTORY INFORMATION Instructions: This form must be submitted not earlier than the first day of instruction nor later than 14 calendar days from the first day of instruction for the academic semester or the fourth day of a summer session to KISC. Please print. Name ___________________________________________________________________ Last First Middle UH Number/Username ______________________________________________________ I understand that under the Family Educational Rights and Privacy Act (FERPA) of 1974, Kapi‘olani Community College may releas certain personally identifiable information that is considered by the College to be Directory Information, and in response to public inquiry, may disclose such information without prior consent of the student, unless the student otherwise so informs the College not to do so. I hereby request the following information about me, listed by the College as Directory Information, not be released to third parties without my expressed written permission within the rights given to me under the Rules and Regulations of the Family Educational Rights and Privacy Act: Name of student Local address, zip code, and email address maintained in the campus locator printout Local telephone number maintained in the campus locator printout Major field of study Educational level Facts of participation in officially recognized activities and sports Weight and height of members of athletic teams Dates of attendance Most recent educational institution attended Degrees and awards received E-mail address Enrollment Status (full time and part time) Note: Student names appear on MyUH online class roster and WebCT (Laulima). Other students enrolled in the class will be able to view this roster. Also, submission of this FERPA confidentiality request form does not automatically remove you from the UH online directory. To remove yourself from the UH online directory, please do so via your MyUH account. From your MyUH account, go to “My Profile” tab, UH Online Directory, Options for Students. I further understand that this request will be honored until rescinded by me in writing, and non-disclosure will remain in effect even after my enrollment at Kapi‘olani Community College has terminated. ________________________ __________________________________________________ Date Student Signature KISC Use Only: Rec’d by/date __________ Banner Input by/date __________ Rev. 09/08

22. KISC - FERPA Disclose to 3rd Party Form (See Handout) CONSENT TO DISCLOSE EDUCATIONAL RECORDS TO A THIRD PARTY This consent form is required by the Family Educational Rights and Privacy Act (FERPA) of 1974. I, (Print Name) _________________________________________________________________, hereby give my consent for Kapi‘olani Community College to release my State specific educational record(s) to be released: ____________________________________ _____________________________________________________________________________ to (Name and complete address of party to who record(s) will be released) Name: ________________________________________________________________________ Address: ______________________________________________________________________ ______________________________________________________________________________ Reason for disclosure: ____________________________________________________________ ______________________________________________________________________________ UH Number: __________________________ UH email: _____________________@hawaii.edu Student’s Signature: _________________________________________ Date: _____________ Note: KISC only stores student information for those who are currently enrolled at our college. Inactive students’ information is purged every five (5) years. KISC USE ONLY Rec’d by/date __________  Check Enrollment Status (New/Transfer/Returning, Continuing) ______ Banner Input (SPACMNT) by/date _______________

23. Exceptions to Third Party Access to the Education Record (This is not an exhaustive list) • For legitimate educational purposes within the college. • To officials at an institution in which student seeks to enroll. • To comply with a court order or subpoena. • In connection with a health or safety emergency if necessary to protect the student or others. • To parents of students who aredependants for income tax purposes (at the discretion of the institution). • If it is directory information. • To parents of a student younger than 23 years of age if the disclosure concerns discipline for violation of the campus drug and alcohol policy.

24. Questions???

25. Confirmation of Identity • Before releasing any information, the identity of the party involved must be confirmed. • Institutions may define method for identification and authentication of identity. • Use of Social Security Number (SSN) and date of birth alone is not acceptable. • Government issued (i.e. drivers license, passport) or UH IDs are acceptable as long as they are not expired.

26. Requests to Inspect an Education Record • Identities of other students are to be redacted from the documents provided for inspection. • Institutions are not required to provide copies unless failure to do so would present an unreasonable hardship. • Records may not be destroyed while there is an outstanding request.

27. Maintenance of the Education Record • A reasonable effort must be made to maintain the privacy of the student. • Any materials with personally identifiable information must be rendered unreadable before discarding. • The education record may not be destroyed if there is a request to inspect the record.

28. Student Employees • Student employees may have access to Banner, STAR, SARS, or other student information systems, provided that the job responsibilities require it. • If you supervise a student employee, it is your responsibility to ensure that they understand FERPA and the importance of keeping student records confidential even if they do not have access to information systems but may have access to other student records maintained in your department.

29. Technology • Password protect files that contain student data (i.e. excel lists, WORD documents, etc.) • Delete files that you do not need to maintain. • Ensure that your databases or systems are secure (i.e. firewall, hacker resistance, etc.) • E-mail • Do not include a UH ID or SSN in the subject line of an e-mail. • Do not send student information to an outside e-mail address (has to be a hawaii.edu account only)

30. Consequences • The consequences of how we handle or mishandle a student’s information are significant. • Access to Banner, STAR, SARS, or other student information systems does not authorize unrestricted use of student data. • Records should only be used in the context of official business in conjuction with the educational success of the student. • Curiosity does not qualify as a legal right to know. • Information should never be released to a third party that does not have a legitimate right to know.

31. Special Dont’s for Faculty • To avoid violations of FERPA rules: • Do not at any time use the entire SSN or UH ID of a student in a public posting of grades. • Never link the name of a student with that student’s SSN or UH ID in any public manner. • Never leave graded tests in a stack for students to pick up by sorting through the papers of all students. • Never circulate a printed class list with student name and SSN or UH ID or grades as an attendance roster. • Never discuss the progress of any student with anyone other than the student (including parents) without the consent of the student. • Never provide anyone with lists of students enrolled in your classes for any commercial purpose. • Never provide anyone with student schedules or assist anyone other than College employees in finding a student on campus.

32. Remember… Your job is to protect the student… So when in doubt…don’t give it out! Please contact the Registrar. Jeri Lorenzo Kekaulike Information & Service Center (KISC) - ‘Ilima 102 734-9899 or jilorenz@hawaii.edu

33. References • Stuart Lau, University Registrar • Adapted from a web page of the University of Wyoming: http://siswww.uwyo.edu/reg/ferpafac.html. • Adapted from a web page of Indiana University East: http://iue.edu/registrar/FERPA_tutorial.php • Adapted from a web page of the University of California Riverside: http://registrar.ucr.edu/QuickLinks/FERPA+Faculty+Staff+and+student+employees.htm • Adapted from a web page of Valencia Community College: http://valenciacc.edu/ferpa/ • The AACRAO 2001 FERPA Guide • The AACRAO 2006 FERPA Guide • Federal Register, Department of Education, December 9, 2008

34. FERPA Quiz

35. FERPA Quiz TRUE (A) OR FALSE (B) If a student’s parent calls asking how a student is doing in a class, can you give out that information?

36. FERPA Quiz YES (A) OR NO (B) You receive a call from a recruiting firm asking for the names and addresses of student’s with a GPA of 3.0 or better. They want to contact the students about exciting job opportunities. Should you give out this information?

37. FERPA Quiz YES (A) OR NO (B) An individual walks into your office with a signed letter giving consent to release grades of a current student. Do you give this information to him/her?

38. FERPA Quiz YES (A) OR NO (B) A person comes into your office and retrieves information about a student from your computer that you left unattended. Under FERPA, are you responsible?

39. FERPA Quiz The FERPA rights of a student begin when: • an application for admission is received • when the student is formally admitted • when the student makes his/her first payment • when the student successfully pre-registers for his/her first class

40. FERPA Quiz To be an “education record”, the information must be: • directly related to the student and maintained by an agency or institution • personal notes regarding a student written and maintained by a faculty member and not shared with others • kept in the Kekaulike Information & Service Center (Admissions/Records)

41. FERPA Quiz Under FERPA, which of the following would NOT be acceptable: • the release of the title of a congressman’s degree to a local newspaper • the dean having access to all student’s education records • notifying students of their FERPA rights annually • a staff member announcing that results to placement exams can be picked up from the chair outside the office.

42. FERPA Quiz Under FERPA, which of the following is NOT an “education record”? • a student’s traffic violation • the grade from a student’s term paper • biographical information (i.e. place of birth, date of birth, etc.) • a work-study student’s employment record

43. FERPA Quiz At the college level, FERPA states that parents: • have the same rights of access and review as their student • can only view their student’s records with written consent from the student • have the same rights of access and review as their student if they have paid their student’s tuition • none of the above

44. FERPA Quiz TRUE (A) OR FALSE (B) At Kapi‘olani CC, all subpoenas for academic records must be first routed through the Kekaulike Information and Service Center (Registrar).

45. FERPA Quiz TRUE (A) OR FALSE (B) A faculty or staff member has the right to inspect education records of any student attending KCC without giving a reason.

46. FERPA Quiz YES (A) OR NO (B) You receive a phone call from an upset parent claiming there is a family emergency and they need to get in touch with their son/daughter immediately. Can you tell the parent the day, time, and location of their son/daughter’s class?

47. FERPA Quiz YES (A) OR NO (B) You get a call from a student asking about his grades. Can you give out this information?