The Family Educational Rights and Privacy Act of 1974

1. The Family Educational Rights and Privacy Act of 1974 February, 2014 Presented by Daniel Cordas Employee Services, Seattle Community Colleges

2. FERPA Overview • FERPA protects: • privacy of student education records and • student access to education records • FERPA Applies to all educational institutions receiving federal funds • Policy or practice of violating FERPA risks loss of federal funding • No private right of action, but students may sue for invasion of privacy

3. General Rule The College cannot disclose personally identifiable information contained in education records without the student’s written consent.

4. What’s Personally Identifiable Information? • Name or address of student, parents, or family • Personal identifier such as social security, student ID number, or biometric records • Other indirect identifiers, such as student’s date of birth, and mother’s maiden name

5. Personally Identifiable Information(continued) • Other information that would allow a reasonable person in the college community to identify the student with reasonable certainty, or • Information requested by a person who the school reasonably believes knows the identity of the student to whom the education record relates

6. What are ‘Education Records’? Education records are records that: • Directly relate to a student and • Are maintained by the College or by a party acting for the College

7. Exceptions to General Rule • Directory information • Records excluded from definition of “education records” • Authorized disclosures of education records without consent

8. Records Excluded from Definition of Education Records • Personal memory aids • Law enforcement records (i.e., campus security records) • Employment records not a result of status as a student • Treatment records • Alumni records

9. private files - once disclosed become educational records Personal Memory Aids • Records that are kept in the sole possession of the maker, • Are used only as a personal memory aid, and • Are not accessible or revealed to any other person except a temporary substitute • Why is this important? Student Access to Records

10. Law Enforcement Records • Records created and maintained by a law enforcement unit for a law enforcement purpose (incl. campus security) • Does not include records created exclusively for non-enforcement purpose (e.g. student disciplinary action)

11. Employment Records Disclosable student employee records: • Made and maintained in the normal course of business, • Relate exclusively to an individual in his/her capacity as employee, and • Are not available for use for any other purpose

12. Alumni Records • Records that only contain information about an individual after he or she is no longer a student at the College are exempt from FERPA

13. Directory Information • Information in an education record that normally would not be considered harmful or an invasion of privacy if disclosed without consent • However, student may refuse consent to disclosure of directory information by “opting” out

14. Disclosure of Directory Information May disclose if students are notified in advance • Types of information designated as directory information, • Student’s right to refuse disclosure of any or all directory information, • When student must notify the college (in writing) of refusal to consent • Notice requirements do not apply to former students

15. Directory Information Directory information may include student’s name, address, phone, email address, photograph, date and place of birth, major, dates of attendance, grade level, enrollment status, extracurricular activities, height and weight of athletic team members, degrees, honors and awards, and most recently attended educational institution.

16. Directory Info at SCCD* • Student's name • Email address • Enrollment status in the college • Date(s) of enrollment • Area of study • Awards granted by the college • Participation in official sports activities, and • Weight and height of athletic team members. *As listed in SCCD College Catalog

17. RCW 26.09.225. See also RCW 26.19.090 (criteria for maintaining child support during college includes remaining in “good academic standing.”) Note that the Student must still consent to the disclosure of the records before the College can disclose the records May release to parent claiming student as a dependent Student Rights • Once a student turns 18, or attends a postsecondary institution, all FERPA rights of parents are transferred to the student

18. Parental Rights • Parents of K-12 students under age 18 have all FERPA rights but no automatic right of access for Running Start students attending college • No parental rights under FERPA if court has terminated parental rights

19. Right to Inspect • Students have right to review their own education records (but only their own) • No right to review financial records (including parents’ records) • No right to review confidential recommendations if student waived the right to inspect

20. Annual Notification College must annually notify students of their FERPA rights to— • Review their own education records, • Request amendments of records the student believes to be inaccurate, misleading, or violative of privacy, • Consent to disclosure of personally identifiable information, • File complaints with U.S. Dep’t of Education

21. Annual Notice—Procedures • The annual notice must include the procedures for reviewing records, • Procedures for requesting amendments of records, • Policies for disclosing education records (including definitions of “school officials” and “legitimate educational interest”)

22. Challenges to Records • Student may request a hearing to challenge education records • If records are found to be inaccurate, misleading, or violative of privacy rights, College must amend the records and inform student in writing

23. Student Consent to Disclose Education Records • Form must be signed and dated (may use electronic signatures on records) • Must state the purpose of disclosure • Must specify the record to be disclosed • Must identify a party or class of parties to whom disclosure may be made

24. If the student requests a copy of the record, it must be provided. Similarly, if the student wishes to contest the record, he or she must be given the opportunity for a hearing Authorized Disclosures—Other Colleges • May disclose without consent to other colleges where student is enrolled or intends to enroll • When releasing records to other colleges, College must make reasonable attempt to notify the student, unless: • The student initiated the request or the annual notice provides for forwarding of education records on request

25. Authorized Disclosures – School Officials • College may disclose education records without student’s consent— • To “other school officials,” including teachers. • Who have a “legitimate educational interest”(need to know basis) • Defined in our catalog as: School officials have a legitimate educational interest if they need to review an education record in order to fulfill their professional responsibility.

26. Definition of School Official 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, auditor, national student loan clearinghouse, legal counsel, or collection agency); a person serving on the Board of Trustees; or a student serving on an official committee, such as disciplinary or grievance committee, or who is assisting another school official in performing his or her tasks.* *SCCD Catalog

27. Authorized Disclosures—Federal and State Officials • May disclose without consent to authorized representatives of Department of Education or state and local educational authorities • Must be in connection with audit of government supported education programs or in compliance with federal requirements relating to such programs

28. Authorized Disclosures—Financial Aid • May disclose records without consent in connection with student financial aid • Must be for determining eligibility, • Determining the amount of aid, • Setting the conditions of aid, or • Enforcing the terms and conditions of aid.

29. Authorized Disclosures—Research Studies • May disclose records without consent to public or private organizations conducting studies for educational agencies or institutions • Must be to develop, validate, or administer predictive tests, • Administer student aid programs, or • Improve instruction

30. Limitations on Research Disclosures • Research organization cannot disclose personally identifiable information to others • Information must be destroyed when no longer needed

31. Authorized Disclosures—Accrediting Agencies • College may disclose education records without consent to accrediting organizations to carry out their accrediting functions

32. Authorized Disclosures—Parents of Dependent Students • College may disclose records without student’s consent to parents who claim student as tax dependent • Student is “dependent” if under age 24 at end of the year and parent pays over half of student’s support in the tax year • Parent should provide affidavit or last year’s tax return showing that student is a dependent

33. June 22, 1998 DOE Letter to John Hopkins University -- citing implied waiver. Waiver extends to a college defending itself from student-initiated action before a third party (media) that has a special relationship with the college (may damage the college) but only with records necessary to set the record straight -- Authorized Disclosures—Litigation • Subpoenas – Give to college student services to handle & provide advice • Lawsuits between college and students – info provided to court and attorneys

34. Authorized Disclosures—Health or Safety Emergency • May disclose records without consent to appropriate parties in connection with a health or safety emergency • Disclosure must be necessary to protect health or safety of the student or others • Colleges provided wide latitude in determining an emergency

35. Public Record Requests • The State Public Records Act does not require agencies to disclose records when another statute (e.g., FERPA) exempts or prohibits disclosure • Non-disclosure only applies to personally identifiable information in an education record

36. Further Information U.S. Department of Education Family Policy Compliance Office (FPCO) http://www.ed.gov/policy/gen/guid/fpco/index.html