WHAT IS FERPA

1. WHAT IS FERPA? Mary Ann Lochner Associate General Counsel Chris Dahlquist Training & Development Coordinator

2. WHAT IS FERPA? The Family Educational Rights and Privacy Act of 1974 ("FERPA") affords WCU students three primary rights:

3. WHO HAS FERPA RIGHTS AT THE POST SECONDARY LEVEL? A student who has reached 18 years of age or is "attending" an institution of post secondary education regardless of age The term "in attendance" is defined by each institution, and at WCU this includes a person who: has applied, been accepted and registered by WCU at either the graduate or undergraduate level; is currently attending WCU; or has attended WCU This applies to all students, including distance and continuing education students and students auditing classes.

4. WHAT ARE EDUCATION RECORDS? Under FERPA, "education records" are defined as records that are: directly related to a student, and maintained by WCU or by a party acting for WCU.

5. WHAT ARE EDUCATION RECORDS? records created and maintained in any form or media, including electronic data, email transmissions, video or audio tapes, film, or microfilm; any listing of a student's personally identifiable information ("PII"), including enrollment records, grade lists, class schedules; a computer monitor displaying a student's PII; and a computer printout containing a student's PII

6. EDUCATION RECORDS DO NOT INCLUDE Records of instructional, supervisory, and administrative personnel, kept in their sole possession, used as a personal memory aid, and not revealed to anyone other than the maker's temporary substitute Records created and maintained by WCU Police and used solely for law enforcement purposes Records relating to employees (except student workers-work-study employment records are subject to FERPA)

7. EDUCATION RECORDS DO NOT INCLUDE Records created and maintained by a health care professional (i.e., physician, psychologist, psychiatrist or other licensed professional), used solely in connection with the provision of treatment, and disclosed only to other health care professionals who are providing treatment Records that contain information received or collected about an individual after he or she is no longer a student at WCU (e.g., alumni records)

8. RELEASE OF EDUCATION RECORDS WCU may not release a student's education records, other than directory information without the written consent (i.e., signed, dated document specifying records to be released and to whom records may be released) of the student.

9. RELEASE OF EDUCATION RECORDS - EXCEPTIONS WCU personnel (or agents) with a �legitimate educational interest� Officials at other institutions where the student seeks to enroll Persons or organizations providing financial aid Accrediting organizations Directory information Parents of a dependent student

10. RELEASE OF EDUCATION RECORDS - EXCEPTIONS Persons in compliance with a court order or subpoena issued by a federal court or North Carolina state court Persons in an emergency in order to protect the health or safety of students or other individuals A victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, limited to the final results of a student disciplinary proceeding Disclosures listed above are permissive � only eligible students have a right to access records.

11. RECORDS OF DISCLOSURES WCU is required to maintain records of requests and disclosures of student information EXCEPT: Requests from students for their own use Disclosures in response to written requests from students Requests made by WCU officials Disclosures of Directory Information

12. WCU STUDENT'S RIGHT TO INSPECT AND REVIEW The Registrar's Office coordinates student requests to review records Students must submit written requests to the Registrar, listing records of interest. Records covered by FERPA must be made available within 45 days. Students may not review financial information submitted by their parents, records about another student, and confidential letters of recommendation (in certain circumstances). Students may ask WCU to amend educational records he/she believe to be inaccurate, misleading or in violation of the student's privacy. Students may appeal adverse decisions regarding record amendment.

13. FINAL THOUGHTS Review WCU University Policy #72. Send confidential documents to other WCU departments in sealed envelopes placed inside inter-office mail. Documents with PII that are not retained should be shredded. Send subpoenas to the Office of General Counsel Caveat! Be aware of other laws pertaining to confidentiality and privacy (e.g., HIPAA, Gramm-Leach-Bliley Act, NC public records, NC personnel records)

14. TEST YOUR KNOWLEDGE

15. Question #1 If a student's parent calls asking how a student is doing in a class, can you give out that information? What if the parents are divorced and the caller is not the custodial parent?

16. Answer #1 FERPA recognizes students in secondary education as adults, regardless of age. Therefore, you cannot give out a grade, or any other non-directory information unless the student is a dependent for tax purposes (the parent must establish this with tax documents). The answer is the same for divorced parents. Separated or divorced biological parents have equal standing with custodial parents - they have the same rights and restrictions.

17. Question #2 You receive a call from a recruiting firm asking for names and addresses of students with a GPA of 3.0 or better. They say they have good job information for these students. Can you help these students get jobs by giving out this information?

18. Answer #2 Do not give out student information that pertains to grade point average to anyone without prior written consent of that student (or as provided by exception/law).� In this case the request should be forwarded to the Office of the Registrar. Information about the recruiting firm could be provided to students in the appropriate major, and to Career Services.

19. Question #3 May grades be released to a student's employer without written consent if it has been determined that the employer will reimburse the student/employee for any grade of "B" or better?

20. Answer #3 WCU may disclose education records without the student's written consent to persons or organizations providing financial aid to the student. The definition of "financial aid" does not extend to parents. WCU may release grades to companies providing tuition reimbursement to their employees.

21. Question #4 Is it permissible for an employment agency to share a student's transcript with a prospective employer as long as the student has given written permission to WCU to provide the transcript to the employment agency?

22. Answer #4 WCU is responsible for informing parties to whom information is released that they are not permitted to disclose the information to others without the student's written consent.

23. Question #5 The parents of a WCU student who is depressed called the Dean of the College of Applied Sciences. The Dean previously learned from Counseling and Psychology Services that the student attempted suicide. Is the information about the suicide FERPA protected?

24. Answer #5 Generally, health care records are not FERPA records, but they are confidential records under North Carolina law and the Health Insurance Portability and Accountability Act (HIPAA). Once the records were shared with the Dean, disclosure of the records maintained in the Dean's office is governed by FERPA.

25. Question #6 A faculty member needs to provide accommodations to a student with a disability. The faculty member calls Student Support Services to request copies of medical records submitted by the student to document his disability. Should the records be provided?

26. Answer #6 Medical records are confidential under state and federal law. Although the faculty member may have a �legitimate educational interest�, he/she has no right under FERPA to demand access. Summary information should be provided.