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Family Educational Rights and Privacy Act of 1974 (FERPA)

Family Educational Rights and Privacy Act of 1974 (FERPA). For Faculty and Department Staff of The University of New Mexico. What do you need to know?. Registrar’s Office. What Is FERPA?. A set of requirements regarding the privacy of student records, including:

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Family Educational Rights and Privacy Act of 1974 (FERPA)

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  1. Family Educational Rights and Privacy Act of 1974 (FERPA) For Faculty and Department Staff of The University of New Mexico What do you need to know? Registrar’s Office

  2. What Is FERPA? • A set of requirements regarding the privacy of student records, including: • Release of educational records. • Access to educational records.

  3. Why Comply? • To protect the student • It’s the right thing to do • It’s the law!

  4. Notify students annually. Protect students’ rights to: Inspect and review. Request to amend. Limit disclosure of personally identifiable information. Ensure that third parties do not re-disclose personally identifiable information. Keep records of requests for and disclosures of student education records. How Does UNM Comply

  5. UNM Student Records Policy • Published annually in the Pathfinder. • Lists directory information. • Defines important terms.

  6. FERPA legislation does allow for the revocation of ALL federal funds to the college for proven violations! Can UNM lose all federal funding? What Is UNM’s Liability? For Not Complying With FERPA • Yes What percentage of your funding comes from federal sources?

  7. What You Need to Know to Comply With FERPA • Who is or is not a student? • What is or is not an education record? • What is directory information? • Who is a school official? • What is a legitimate educational interest?

  8. Definition: Student • Current students • Former students • Does NOT Include: • Applicants to a program • Spouse or domestic partner • Parents

  9. Definition: Education Record • What it is: • Any form directly related to the student, • “Maintained” by the institution, • In whatever media. • What it is not: • School officials’ personal papers • Certain police papers • Certain employment records • Medical records

  10. This varies from school to school. At UNM, directory information is limited to: Degrees and awards received Most recent educational agency or institution attended Participation in officially recognized activities and sports Definition: Directory Information • Name • Address • Telephone listing • Electronic mail address • Date of birth • Major • Dates of attendance Releasable information can be found online at: http://www.unm.edu/phone.html

  11. The Confidential Indicator • Students may request to have their directory information withheld. • They should be advised about the ramifications: • NO information whatsoever will be released by phone to the student or anyone else. • All transactions MUST be done in person with a photo ID or by signed request.

  12. Where is the Confidential Indicator?INB – First Student Screen

  13. Where is the Confidential Indicator?INB – All Student Screens

  14. Where is the Confidential Indicator?LoboWeb – Student Information

  15. Where is the Confidential Indicator?LoboWeb – Class List

  16. Definition: School Official • An employee of UNM who needs the information to fulfill job responsibilities. • Agents collecting debts owed to UNM. • Legal counsel advising or representing UNM. • NCAA and MWC for conforming to eligibility rules for athletic competition. • Contractors only for the purpose of performing under contract. • Honorary Societies/Chartered Student Orgs. • University researchers. • Officials of cooperating universities in which the student is enrolled.

  17. Definition: Legitimate Educational Interest • A school official who needs the information to fulfill job responsibilities.

  18. Will you pay a fine? FERPA legislation as established by the U.S. Congress has NO power to take punitive actions against any individual. However, there are other legal claims that can be brought against someone who violates a student’s right to privacy of educational records. What Is Your Liability?For Not Complying With FERPA • Will you go to jail? • No • No

  19. Violating FERPA is a violation of the following UNM policies: BPPM Policy #2200: Reporting Misconduct and Retaliation BPPM Policy #2520: Computer Security Controls and Guidelines BPPM Policy #3215: Performance Management (Proper Cause) Faculty Handbook Section D180: Student Educational Records Can You Lose Your Job?

  20. Is Consent Required to Release… • …to a school official with a legitimate educational interest? • …directory information? • …to agents acting on behalf of UNM? • Collections, clearinghouse, degree/enrollment verifiers? • …to comply with a court order or subpoena?

  21. Is Consent Required to Release… • …relative to a lawsuit or in defense of UNM? • …to accrediting organizations? • …to anyone if a health or safety emergency exists? • …to the alleged victim of a crime of violence? • …to military recruiters?

  22. Is Consent Required to Release… • …to parents of an independent student? • …to parents of a dependent student? • …to the media? • …to police?

  23. Special Information for Faculty To avoid violations of FERPA rules, DO NOT: • At any time use students’ identification/social security number in a public posting of grades. • Link student information (name, grade, etc.) with that students’ identification/social security number in any public manner. • Leave graded tests in a stack for students to pick up by sorting through the papers of all students.

  24. Special Information for Faculty To avoid violations of FERPA rules, DO NOT: • Discuss the progress of any student with anyone (including parents) other than the student without the consent of the student. • Provide anyone with lists of students enrolled in your classes for any commercial purpose. • Provide anyone with student schedules or assist anyone other than University employees in finding a student on campus. Refer requests or inquiries to the Dean of Students Office.

  25. As an employee of UNM you have a responsibility to protect all educational records in your possession. This includes any documents in the Registrar’s Office, computer printouts in your office, class lists on paper or on a computer desktop, computer display screens, and notes taken during any kind of advising session with a identification number while in your workspace. Your Desk: Private or Public?

  26. Notify students annually. Protect students’ rights to: Inspect and review. Request to amend. Limit disclosure of personally identifiable information. Ensure that third parties do not re-disclose personally identifiable information. Keep records of requests for and disclosures of student education records. How Does UNM Comply (Review)

  27. What You Need to Know to Comply With FERPA(Review) • Who is or is not a student? • What is or is not an education record? • What is directory information? • Who is a school official? • What is a legitimate educational interest?

  28. Two Things to Remember! • When in doubt, don’t give it out! • DO NOT link student information (name, grade, etc.) with that students’ identification/social security number in any public manner!

  29. Thank You for Your Time and Attention! Any questions? Alec Reber Associate Registrar, The University of New Mexico Student Support & Services Center MSC11 6300 Albuquerque, NM 87131 505-277-6331 areber@unm.edu Elizabeth Barton Associate Registrar, The University of New Mexico Mesa Vista Hall - North MSC11 6300 Albuquerque, NM 87131 505-277-4022 ebarton@unm.edu

  30. Other Resources on FERPA • Family Policy Compliance Office, U.S. Department of Education • E-mail: ferpa@ed.gov • Web: www.ed.gov/offices/OM/fpco • AACRAO • Web: www.aacrao.org/compliance/ferpa • UNM Student Handbook (Pathfinder) • Web: www.unm.edu/~sac/policies.html#srp • UNM Faculty Handbook • Web: www.unm.edu/~handbook/ • University Catalog

  31. Bibliography Rainsberger R. (2000). The AACRAO 2001 FERPA Guide. Washington, DC: American Association of Collegiate Registrars and Admissions Officers. Pathfinder. (2002). University of New Mexico: Student Activities Center. UNM Faculty Handbook. (2003). University of New Mexico: Office of the University Secretary.

  32. Bibliography Baise, Melanie (Associate University Counsel). (2002). Student Records and the Law [Presentation]. University of New Mexico: Employee Development. Hicks, Dennis J. (Registrar, Indiana University East). (2000). Training Faculty, Staff, and Administrators FERPA: “It can be done!” [Presentation]. Great Lakes 2000, Session 7.5.

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