FERPA: FOCUS ON AMENDMENTS Presentation for UTAAA March 3, 2011

1. FERPA: FOCUS ON AMENDMENTS Presentation for UTAAA March 3, 2011 Family Educational Rights and Privacy Act of 1974, as Amended (FERPA) Shannon Williams Associate Registrar

2. Today’s Presentation • In the interest of time, focus of presentation will be on the 2009 amended FERPA regulations and their impact points. • Powerpoints on FERPA basics and today’s presentation available at http://www3.uta.edu/registrar/ferpa.asp

3. Who Has FERPA Rights at the Postsecondary Level? • FERPA rights belong to the student regardless of age. • A student is a person who has been admitted and is or was enrolled. This applies to all students: enrolled, former, distance education, and students auditing a class.

4. What FERPA Rights are Given to a Parent? • Parents have no inherent rights of access • When the student turns 18 or begins attending an institution of higher education, FERPA rights transfer to the student. • A parent may access the student’s record if the student is claimed as a dependent for federal income tax purpose • Parents may be notified by the institution in the event of a health or safety emergency • Parents may be notified by the institution if their student (under 21) is found to have violated the alcohol or drug policy of the institution • A student may choose to allow his parents access to his records • Student Release of Information to Parents/Legal Guardians form

5. What FERPA Rights are Given to a UTA Employee? • Education records may be released to school officials with a “legitimate educational interest” without the student’s permission. • Amended FERPA regulation 99.31(a)(1)(ii) requires schools to use “reasonable methods to ensure an official is given access to only those education records in which s/he has a legitimate educational interest. • UT Arlington uses role-based security as the means by which its staff and faculty can access needed data from student records • However, administrators, faculty, staff or anyone else with this access may not improperly disclose that information

6. Inspection and Amendment of Education Records • To inspect education records, a student should submit a written request identifying the records to be inspected to the UT Arlington Office of Records and Registration, attn: Associate Registrar. • Details are available at http://www3.uta.edu/registrar/ferpa.asp

7. Personally-Identifiable Information in a Student Record • The personally identifiable information within the record is called directory information. • Personally identifiable information is any information that, alone or in combination that is linked to a specific student that would allow a reasonable person, without knowledge of the circumstances, to identify the student. • FERPA regulations no longer use the term “easily traceable” • While FERPA protects the privacy of education records, directory information is not treated as confidential and may be disclosed by the University without student consent unless the student requests confidentiality.

8. Social Security Numbers and FERPA • Amended FERPA regulations specifically prohibit designation of social security numbers as directory information. • This includes any part of the SSN. • Don’t even use the last 4!

9. Withholding FERPA Directory Information at UTA: All or Nothing • Currently, when a student chooses to restrict release of any aspect of his/her directory information, none of the student record will be released to any external source. • Service Indicator:

10. Impact of Withholding Release • Students who request restrictions to their record will not be included in the following: • Microsoft-hosted Student Email system (address book that allows student-to-student access) • UT Arlington web site “Find People” • UT Arlington printed Campus Directory “Maverick Connection” • Requests from external entities seeking directory information on UTA students whose requests are approved by the custodian of records for UT Arlington • Commencement program • However, restriction will not impact participation in Mav Alert

11. MyMav Navigation to Edit FERPA Settings • Student Center -> User Preferences (under Personal Information bar) -> FERPA Restrictions -> Edit FERPA/Directory Restrictions • Screen shot on following slide

12. MyMav Navigation to Edit FERPA Settings (continued)

13. Disclosure Status Remains in Effect Until Changed • Any restriction a student makes in his MyMav record will remain in effect until s/he revokes it. • UT Arlington allows former students to make changes to the disclosure status in effect at the time of their last term of attendance. • FERPA rights cease upon death. However, it is UTA policy that no records of deceased students be released for a period of 25 years after the date of the student’s death, unless specifically authorized by the executor of the deceased’s estate or next of kin.

14. New Business Process Related to Commencement Program • Beginning Fall 2009, if a student restricts all directory information, his/her name will not be included in the commencement program. • For students graduating in Spring 2011 and thereafter, we have turned on functionality that will allow the student to release his/her name only for the Commencement Program but otherwise maintain the “do not release” privacy setting.

15. Screenshot: Inclusion in the Commencement Program with DO NOT RELEASE Privacy Setting

16. Student Identification and Communication in Classroom • Previously, FERPA did not address whether opting out from directory information also applied within the classroom in disclosure of the student’s name or electronic identifier. • Amended regulation 99.37 (c): an opt-out or “do not release” privacy setting does not prevent a school from identifying a student by name or from disclosing the EID or email address in the classroom.

17. Student Identification and Communication in Classroom • Student’s rights do not include the right to be anonymous in the classroom or to impede routine classroom communication and interactions. • However, FPCO states it is increasingly important to communicate in course descriptions, syllabi, catalogs, etc., when there’s an expectation of shared information, such as email addresses and papers or documents • Blackboard rocketing this at UT Arlington

18. Student Identification (continued) • If a student indicates “do not release” and his/her name is on an active website, name must be removed until student specifically grants permission to include. • Deans’ lists • Official sites with photos

19. Requirement to Authenticate Identity • Amended regulation 99.31C, requires schools, before disclosing educational records, use a reasonable method to identify and authenticate the identity of • Students • Parents • School officials • Any other parties • Implications for UTA departments in implementing this authentication requirement with regard to students and school officials

20. To Whom and Under What Conditions Can Colleges Disclose Personally Identifiable Information? • Amendments now include: • Release to appropriate parties if a health or safety emergency exists and the institution believes the student presents a serious danger to himself or others. • In making this decision: Will this information assist in resolving the emergency? • Anyone with regard to specific issues: • Final results of a disciplinary hearing against an alleged perpetrat • Information provided by sex offenders required to register under state or federal law • An alleged victim of a crime of violence when the disclosure is the result of a disciplinary hearing • See “FERPA Basics” PowerPoint for complete listing at http://www3.uta.edu/registrar/ferpa.asp

21. When Student Has Release for Parent or Guardian on File with the Office of Records • Notation made in Person Comment Entry • “Student release of information for parent/guardian for student’s educational records on file in the Records Office for (NAME, TX DRIVER LICENSE #) until (date)” • Release in place for four years or until revoked by student • Office of Records and Office of the Bursar release forms and associated business practices currently being reviewed • Goal: combined release form in place for Summer Orientation

22. Screenshot: Person Comments Indicating Release for Parent or Guardian on File with the Office of Records

23. Contacts in Office of Records and Registration to Verify If Release is on File • Admissions and Records Phone Bank, 23372 • Kelly Brant, 20327 • Kristen Clark, 25472 • Martha Salinger, 20330 • Jeri Washington, 20331 • Shannon Williams, 26105

24. Reverse Articulation • As a benefit to its graduates, UT Arlington provides complimentary transcripts to Dallas County Community College District and Tarrant County College District • Student must have earned 16 or more for-credit hours at that institution • Permission to send the transcript back to the community college is part of the Application for Graduation. • The community college notifies these students that they should apply for conferral of their associate degree. • Permission has until now been on UTA’s graduation application. Beginning with students applying for Fall 2011 and beyond, permission will also be on Apply Texas application.

25. Reverse Articulation Tarrant County College Outcomes to Date

26. FERPA: Next Steps at UT Arlington • Combined release form for Records and Bursar Office forms in time for Summer Orientation • Additional FERPA information as part of compliance modules • Continued implementation of revised amendments where applicable • Challenges of technology --- Blackboard a good example

27. Contacts for FERPA Policies and Procedures • Office of Admissions, Records and Registration, UTA Box 19088, Arlington, TX  76019 • http://www3.uta.edu/registrar/ferpa.asp • Today’s powerpoint under link “FERPA: Focus on Amendments” • Enforcement Agency: Family Policy Compliance Office, US Department of Education, Washington DC • Shannon Williams, Associate Registrar; direct 817/272-6105; swilliams@uta.edu