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FERPA REFRESHER AND UPDATE

FERPA REFRESHER AND UPDATE. FERPA/Protecting Sensitive Information. January 17, 2013 Jesh Humphrey, Senior Associate General Counsel. Sensitive/Confidential Data at UNC Charlotte.

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FERPA REFRESHER AND UPDATE

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  1. FERPA REFRESHER AND UPDATE FERPA/Protecting Sensitive Information January 17, 2013 Jesh Humphrey, Senior Associate General Counsel

  2. Sensitive/Confidential Data at UNC Charlotte Maintaining the confidentiality of sensitive or confidential data is the responsibility of everyone at UNC Charlotte, including faculty, staff, and students. Students and employees rely on the University to protect their privacy. State and federal law (including FERPA) requires it.

  3. Types of Data University Policy 311: Confidential: legally protected Sensitive: “unauthorized disclosure or unauthorized modification would not result in direct financial loss or any legal, contractual or regulatory violations, but may otherwise adversely impact the University” Public

  4. Your Obligations Appropriate physical and electronic security Don’t disclose without permission or beyond permission Know University and departmental policies Report potential security incidents

  5. What is FERPA? "FERPA" stands for Family Educational Rights and Privacy Act. FERPA governs disclosure of student “education records” Grants five specific rights to current and former students

  6. Student Rights Under FERPA The right to inspect their education records; The right to prevent disclosure of their education records; The right to seek amendment to their education records if believed to be inaccurate or misleading; to append a statement to their records; The right to be notified of their privacy rights under FERPA; and The right to file a complaint with the U.S. Department of Education in Washington concerning an alleged failure by the University to comply with FERPA.

  7. Who is covered by FERPA? UNC Charlotte’s FERPA obligations extend to living students currently attending or who have attended at any time in the past, and only to information collected about them while they were attending (or information gathered post-attendance that is directly related to the students’ attendance). NC Public Records Act treats records of applicants (whether admitted or not) as confidential; FERPA does NOT require this.

  8. What is a student education record? Format • Essentially any format that • exists. Information Personal information (other than Directory Information, defined later) Grades Schedules Disability status Academic standing Social Security Number Student ID numbers

  9. What is NOT aneducation record? Law enforcement records Employment records -Unless dependent on status as student Professional records -Mental or Physical Health Non-circulating faculty or staff records made for personal use Peer-graded assignments BEFORE collected by instructor Certain alumni records

  10. When may education records be released to third parties? Directory information Consent of student Judicial order/subpoena School officials with a legitimate educational interest Parents under if student is dependant Other circumstances

  11. Directory Information Some student information, referred to as“DirectoryInformation,” is exempt from FERPA confidentiality requirements. Directory Information at UNC Charlotte means: the student's name, local and permanent address, email address, telephone number, date and place of birth, class, major field of study, dates of attendance, enrollment status, degrees and awards (including scholarships) received, participation in officially recognized activities and sports, weight and height of members of athletic teams, and the most recent previous educational agency or institution attended. Students may “opt out” of directory information exemption by placing a “privacy hold” on their account

  12. Consent of Student Must be: -Signed -Dated Must include: -Specification of records to be disclosed -Purpose of disclosure -Identity of the person to whom records will be disclosed http://www.legal.uncc.edu/ferpa-consentforms.html

  13. Judicial Orders/Subpoenas Send ‘em our way.

  14. School Officials with a Legitimate Educational Interest Properly qualified School Official? -University Policy 402 Do they have a Legitimate Educational Interest? -Have they clearly articulated the interest? -Is the interest actual and concrete? -Is the interest educationally related? -Is the interest narrow in scope? -Have they been informed as to restrictions on dissemination to others?

  15. Parents With consent If student is a dependent (check with Registrar) Remember, the law REQUIRES disclosure to the student; other releases (except subpoenas) are permissive in nature.

  16. Special Circumstances Health or Safety Emergency (standards recently RELAXED) Student victims of certain crimes Certain alcohol & drug violations committed by undergraduate students Contractors providing services normally performed by employees.

  17. Major FERPA Concepts Most records at the University relating to students are protected as education records under FERPA. Generally speaking, written consent of the student is required to release education records outside of the University When in doubt, ask.

  18. Examples Honor Society writes dean and asks for names and addresses of all students in college majoring in XXX and who have achieved 3.0 average. Woman says, “I am X’s wife and he asked me to pick up his transcript.” What if she has authorization from the husband/student? FBI agent presents badge and says that he is investigating a crime and it is of the utmost urgency that he see student’s records immediately. Disclosure to parents/3rd parties when student is present? Disclosures of observations not obtained from education records? You have a valid written consent from a student to release information, but you don’t think it’s in the student’s best interest to make the release. Leaving FERPA/sensitive information on desk or computer screen. Request for a student’s application for admission before the student has been admitted or before the student has enrolled. Responding to a request for students enrolled in a particular class by including 800 numbers? Emailing a list of 800 numbers?

  19. Shameless Plug http://www.legal.uncc.edu/ - Forms - Legal Discussion - Policies - University Policy 311, Data and Information Access and Security - University Policy 402, Student Records

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