FERPA Family Educational Rights and Privacy Act

1. FERPAFamily Educational Rights and Privacy Act Presented by Bridget Blanshan Interim AVP for Student Affairs & Dean of Students Ext. 4935

2. FERPA Defined • FERPA is a Federal Law that applies to all educational agencies and institutions that receive Department of Education funds • FERPA delineates rights and responsibilities to students and universities regarding student records

3. FERPA & Student Rights • Students have the right to access their educational records • Students have the right to request their records be amended • Students have the right to some control over the disclosure of their records to third parties

4. Transition Time! Rights assigned to parents in K-12 education transition to the student once the student enrolls in higher education

5. Pop Quiz • Question 1What about college students who aren’t 18 yet? • Question 2 Who holds the rights delineated by FERPA when a high school student is also enrolled in a community college?

6. Little Words Mean a LOT • When reviewing FERPA, or any law, pay close attention to the little words like… Shall Must May

7. FERPA Vocabulary Words • Student Any student enrolled in an institution of higher education • Parent Legally recognized parents and guardians or someone authorized to act in place of a parent

8. FERPA Vocabulary Words • Educational Record Any record (handwriting, print, tapes, film or other medium) maintained by a CSUSM staff member or agent of the university which is directly related to a student. • Campus policy recognizes 4 types of exceptions

9. FERPA Vocabulary Words CSUSM Student Records & Custodians Record Custodian Academic Record Director, Registration & Records Discipline Record Dean of Students Office Financial Aid Director, Financial Aid & Scholarships Placement Director, Career Center Student Payroll Director, Human Resources Public Safety Chief of Police Not listed? Contact the Director, R & R

10. FERPA Vocabulary Words • Legitimate educational interest Conditions when faculty or staff members have a legal “right to know” the contents of a student’s record • Conditions relate to student education, discipline and necessary student service OR health and safety issues

11. FERPA – Student Rights Student Right #1 The right to access their educational records We must… • Provide a student with an opportunity to inspect and review his or her education records within 45 days of receipt of a written request • Provide a student copies if they are unable to come to campus due to health issues or extended distances • Remove names of other students from information included in the student’s record

12. FERPA – Student Rights Student Right # 2 The right to seek to have records amended We must… • Consider a request from a student to amend information in his or her records • Hold a hearing on the matter if the informal request is not granted • If the hearing does not find for the student, offer the student the opportunity to place a statement to be kept in the record (and disclosed if that portion of the record is released)

13. FERPA – Student Rights Student Right # 3 The right to have some control over the disclosure of personally identifiable information from their educational record. We must… • Have a student’s request prior to disclosing their record (except to university personnel with a legitimate educational interest) • Ensure the student’s consent is signed and dated and includes the purpose of disclosure. • Annually notify students (collectively) of their rights (1-4 here) • Record certain requests for records disclosure • Include a students’ right to direct us not to release “directory information”; otherwise it is OK for public dissemination

14. FERPA – Student Rights Student Right #3 We MAY (per policy), but (in practice) likely WILL disclose education records without consent when… • The student is seeking to enroll in another school • It is related to financial aid • To certain authorized government authorities • To organizations conducting studies on behalf of the campus or to accrediting agencies • Disclosure is related to a court order or subpoena AND the campus has made an attempt to notify the student • To “appropriate parties” in the event of a health and safety emergency • To a parent when the parent shows proof of the student’s dependent status (per IRS); this is not related to custodial parent status

15. FERPA – Student Rights Student Right #3 We WILL disclose education records without consent when… • One of US has a legitimate educational interest • A student has been found responsible for a specific type of violent crime – the outcome of campus discipline proceedings will be shared with the victim • Information is considered “directory information” AND the student has not exercised the right to restrict it

16. FERPA – Student Rights Student Right # 4 The right to make a complaint to The Family Policy Compliance Office US Department of Education 400 Maryland Avenue, SW Washington, DC, 20202-5920

17. Directory Information “Directory information” at CSUSM: Considered public unless a student indicates otherwise • Student name • CSUSM email • Major field of study • Dates of attendance • F/T or P/T status • Degrees, awards and honors received • Dates degrees conferred • Additional information is considered Directory Information for Unit 11

18. FERPA – A Word to the Wise • Use caution with electronic records and communication • Discuss FERPA with colleagues to ensure internal consistency • ASK! If you’re ever in doubt or concerned about something

19. Resources • CSUSM Policy & Procedures “Family Educational Rights and Privacy Act” • US Department of Education http://www.ed.gov/policy/gen/guid/fpco/index.html

20. FERPA TEST