The Family Educational Right to Privacy Act FERPA

1. The Family Educational Right to Privacy Act (FERPA) Basics of Privacy Issues Around Student Records

2. FERPA Basics Because the University receives funding from the U.S. Department of Education it must comply with FERPA Failure to comply could (in a worst case scenario) result in loss or suspension of federal funding (including student financial aid)

3. FERPA Basics Rights Provided to Students and Their Families Generally, education records and other personally identifiable information about students and their families cannot be released or disclosed without prior written consent Students can review their education records and files and may request that inaccuracies or errors be corrected

4. FERPA Basics No private right of action for damages under FERPA but other privacy statutes or common law principles may provide such a right if there is an invasion of privacy

5. FERPA Basics What is �Personally Identifiable Information� under FERPA Student name and address Parent and family names and addresses SS#, Student#, or other such identifiers A list of personal characteristics of a student Any other info that would make the student�s identity easily traceable

6. FERPA Basics Exemption for Directory Information, including: Name, email, address, telephone number, date and place of birth Major and enrollment status Participation in official activities and sports Photos Dates of attendance Degrees and honors Most recent previous educational institution

7. FERPA Basics Note: Students must have option to opt-out of inclusion in directory Can request that directory info be withheld as long as the student is enrolled Requires a written request to the registrar�s office

8. FERPA Basics IMPORTANT TO REMEMBER! Non-consensual disclosure of information prohibited under FERPA includes: Oral disclosure of information Electronic disclosure of information (including via e-mail, websites, blogs, etc�.) Disclosure of written information Release of records or copies of records

9. FERPA Basics Student Consent Under FERPA Must be signed and dated by the student Must be specific as to What records or information is to be disclosed Purpose of the disclosure Person or persons to whom disclosure is authorized

10. FERPA Basics There is a long list of exceptions under FERPA where disclosure is allowed without student consent. This is a partial list: Disclosure to college officials with a legitimate educational interest in the records Provision of records and info to another school in which the student seeks to enroll Administration of financial aid requests Certain state and federal education officials may have access Records provided to the court or counsel when the student has sued the University Compliance with court orders or subpoenas after attempt to notify the student (or with no attempt to notify in some instances under the Patriot Act) Release of info during a health or safety emergency (this exception has been expanded following recent college shooting incidents) Results of disciplinary proceedings in certain cases involving crimes of violence or sex offenses

11. FERPA Basics CAUTION Just because FERPA may allow non-consensual disclosure does not mean that the University is required to disclose Third parties have duties too The University must inform anyone who receives information by consent or consent exception that the information may be used only for the purpose for which the disclosure was made and that the information cannot be re-disclosed without written consent of the student

12. FERPA Basics Student Access to Records Under FERPA Must be made within reasonable time Students can only access information about themselves Info about other students must be redacted or withheld

13. FERPA Basics Student Access to Records Under FERPA Right to Challenge Accuracy FERPA requires that the University provide the opportunity for students to challenge records where student believes that info is inaccurate or misleading, or where disclosure of particular info might violate privacy or other rights Hearing procedures must include an opportunity to correct or delete a record or insert an explanation