FERPA Basics

1. FERPA Basics Family Educational Rights & Privacy Act Colloquium 2007

2. What is FERPA? FERPA is the Family Educational Rights and Privacy Act of 1974 (also known as the Buckley ammendment) and gives certain rights to students: • Right to review and inspect educational records maintained by the institution • Right to seek amendment to any portion of an educational record • Right to have some control over the disclosure of information • Right to obtain a copy of the University’s FERPA policy • Right to file a complaint with the Department of Education Family Policy Compliance Office in Washington, D.C.

3. Key Definitions • Educational Record • Sole Possession Records • Directory Information • Personally Identifiable Information • School Official • “Legitimate Educational Interest”

4. Educational Records What is NOT an educational record? • Sole possession records • Law enforcement records • Employment records • Medical records • Alumni records What is an educational record? • Record maintained by the institution that is directly related to a student and can personally identify a student

5. Sole Possession Records • “Memory Aid” • Only used by one person • Private notes

6. Directory Information Some items that institutions may list as directory information: • Name • Current mailing address • Email address • Phone number • Date of Birth/Place of Birth • Major/Program • Participation in sports • Weight/height of athletes • Dates of attendance • Degrees/awards • Information that may be disclosed without the student’s consent • Not considered harmful or an invasion of privacy • Defined by the institution

7. Personally Identifiable Information This includes (but is not limited to): • Social Security number • Institutional ID number • Grades • GPA • Gender • Class schedule • Race • Religion • Test Scores • Academic Standing • Any information or data that can easily identifya student • Is not directory information • Cannot be disclosed without the consent of the student

8. “School Official” • Can be a university employee (support staff, administration, safety officers, etc.) • Can be a board member • Can be a contractual employee of the university (auditor or temporary services contracted employee) • Student helping another employee or serving on a university committee

9. “Legitimate Educational Interest” • “Need to Know” • Institutions must determine the criteria

10. Parental Access to Students’ Educational Records • When a student reaches the age of 18 or begins attending a postsecondary institution, regardless of age, FERPA rights transfer from the parent to the student. • The only ways in which parents may obtain protected information on their child are: • For them to obtain a signed consent from their child or • The dependent is claimed on the parents’ Federal income tax form.

11. Who is at risk of violating FERPA? • Faculty • Staff • Administrators • Student workers

12. What happens if institutions violate FERPA? • Loss of federal funding • Potential lawsuits • Integrity of institution diminished

13. For More Information… • http://records.southern.edu/ferpa.html • http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html

14. FERPA Quiz Family Educational Rights & Privacy Act

15. #1 TRUE or FALSE • “Education records” include only those records contained in a student’s permanent file. FALSE • “Education records” include any record (in whatever format or medium) directly related to a student and maintained by the university.

16. #2 TRUE or FALSE • Students must be given the opportunity to inspect and review their education record within ten days of a request. FALSE • FERPA states that we must provide a student access to his/her record within 45 days of a request. More often than not, however, we accommodate that request as soon as humanly possible.

17. #3 TRUE or FALSE • As a faculty member, you have the right to inspect and review the education records of any student. FALSE • Any employee of the university must be able to demonstrate a “legitimate educational interest” (need to know) in order to be given access to a student’s record.

18. #4 TRUE or FALSE • Only the records of currently enrolled students are protected by FERPA. FALSE • FERPA also protects the records of all formerly enrolled students. However, students who have applied for admission to the university but have not attended the university do not have rights under FERPA.

19. #5 TRUE or FALSE • An academic adviser does not have to allow an advisee to inspect his/her personal notes about that student. TRUE • The personal notes of a student’s adviser are deemed to be in the “sole possession of the maker” and are not included in the definition of “education records.” Therefore, an adviser does not have to grant access to his/her personal notes.

20. #6 TRUE or FALSE • You post the grades of all students in your class on the door to your office. This is a violation of FERPA. TRUE • The answer depends on HOW you posted your grades. If you posted them by name, Social Security Number or something that reveals the identity of each student, or could easily be interpreted by a third party, then you would have violated FERPA. If, however, you posted the grades using a special code known only to you and the individual student, there would be no violation.

21. #7 TRUE or FALSE • FERPA requires that you retain all records used to determine a student’s grade in a course for at least three years. FALSE • FERPA does not contain a records-retention provision. Each institution determines how long records are retained. Most universities retain educational records for 3 years.

22. #8 TRUE or FALSE • The parents of one of your advisees visit you. They want to know their child’s grades for last semester. You deny them access stating that you may not release grades without the signed consent of the student. The parents present proof that their student is a dependent on their federal income tax return and state that they have a right to his/her grades. You still refuse to release them. Your actions were contrary to FERPA. TRUE • Parents of a “dependent student” as defined by the Internal Revenue Code, may access their student’s educational records without the written consent of the student upon submission of IRS documents (tax returns) showing a student’s dependent status.

23. #9 TRUE or FALSE • You are contacted by a prospective employer concerning academic information on one of your students. They state they know you can’t reveal a student’s exact GPA but all they want to know is if that student is in the top 10 per cent of his/her class. In addition they want to know what the GPA cut-offs would be in graduation honors. You want to help the student land the job so you do a little digging and give them the information they requested. This is a violation of FERPA. TRUE • Grades and GPAs can never be released to the public without consent. However, honors (e.g., Dean’s List) are considered Directory (public) information. BUT, because you would have to release the GPA threshold for the 10 % of that student’s class in order to provide the information the company wants, you run the risk of releasing the actual grade information on that student.

24. #10 TRUE or FALSE • You decide to create a publicly accessible website for students in one of your courses. On the website you list the names, addresses, e-mail addresses and telephone numbers of all of your students. This is not a violation of FERPA. TRUE • Institutions may disclose information on a student without violating FERPA through what is known as or “directory information.” This generally includes name, address, telephone number, date and place of birth, major field of study, etc. (refer to FERPA guide for complete list) unless a student requests that this information not be released. If you received permission from each of your students to release his/her information on the public website, you have not violated FERPA.

25. #11 TRUE or FALSE • You were approached by an FBI agent who asks to see your personal files on one of your advisees. The agent states he/she is doing a background check on the student for employment with the federal government. You dutifully produce all of your files on that student. You are now in big trouble with the student because your actions were in violation of FERPA. TRUE • Even FBI agents must produce a release of information form signed by the student before you or any other school official may release educational records. The only exception to the signed release provision would be a judicial order or subpoena, which allows the institution to release records without the student’s consent. Even in the case of a subpoena, however, FERPA states that a “reasonable effort” must generally be made to notify the student before complying with the order.

26. #12 TRUE or FALSE • A student files an official appeal of a grade you gave him/her in one of your courses. The issue goes before the grade appeal committee and the student loses the appeal. He becomes angry by the ruling, breaks a window and subsequently is brought up on disciplinary charges. Shortly thereafter a reporter from the Accent contacts you. The campus newspaper wants to run a story on the grade appeal and disciplinary process and wants to use your student as an example. You answer all of the reporter’s questions because the appeals process was concluded. The following week you receive notice of a suit filed against you by the student who appealed the grade. You haven’t a FERPA leg to stand on. TRUE • Appeals and/or disciplinary information are “education records” and their release is governed by FERPA. Without that student’s signed consent of disclosure, you should not have released information about the grade appeal or the disciplinary action that followed.