State FERPA Agreements Using Data & Protecting Privacy

1. SHEEO / NCES Data Conference April 2005 State FERPA Agreements Using Data & Protecting Privacy

2. Changing Environment Changing Times Bad guys (really bad guys) are now out there.

3. Public Expectations: Finding Balance in the Midst of Conflict Privacy & Security of Personal Data Efficient & Effective Resource Use

4. The Sources: Best Practices of Many • Survey sent to all state agencies (2001) • Collected examples of documents • Combined into a comprehensive template • Sent for legal reviews: • – Agency – DOE FERPA Office • – Partners (institution/agencies) • Uses: • DOL data exchange / Economic Impact • Student Outcomes Studies • State Accountability Measures

5. What is FERPA? Family Educational Rights and Privacy Act • Passed by Congress in 1974 (Buckley Amendment) • Grants four basic specific rights to adult students: • to review information kept on the student, • to seek amendment to those records and in certain cases append a statement to them, • to consent to the disclosure of records, • to file a complaint with the FERPA Office at the DOE in Washington.

6. What is FERPA? Basic Guidelines • Student “educational records” are considered confidential and may not be released without the written consent of the student, except in specific situations. • Institutional responsibility to protect student educational records and to allow access only for legitimate use in the completion of your responsibilities as a university employee.

7. What is FERPA? What is a Student Educational Record ? • Information provided by a student for use in the educational process such as: • - Personal information • - Grades • - Enrollment records • - Schedules • It can also include: • Admissions Documents Computer printout • A class roster Computer display screen Advising Notes

8. Exceptions to prior consent. Conditions where prior consent not required: • Statistical Information that is not personally identifiable provided it is not possible to associate the statistical information with a particular person. Removal of name, address, SSN, and individually distinguishing information meets this requirement. • Directory information is considered public and can be released without the student's written consent, provided the student has not elected to have this information considered confidential. • (See: 34 CFR Part 99, sections 99.31- 99.35 )

9. What is Directory Information? Generally: • “…information contained in the education records of a student that would not generally be consideredharmful or an invasion of privacy if disclosed.” • Items which are normally published in a College Directory carry an implicit consent for public disclosure, unless otherwise requested by the student.

10. What is Directory Information? Specifically: • The following are often considered directory information: • Name, Local address, E-mail address, phone number • Date of birth – (Age) • Major • Most recent education institution attended • Degrees and Awards • Dates of attendance • Student classification • Enrollment status (full-time or part-time)

11. Exceptions to prior consent. Who may access student records without consent: • State educational authorities • Accrediting / University approved testing agencies • Certain government officials in order to carry out lawful functions; • Organizations conducting certain studies for the school; • Accrediting organizations; • (See: 34 CFR Part 99, sections 99.31- 99.35 )

12. Public Notice Requirement. (34 CFR § 99.37.) May disclose if it has given public notice of: • the types of information which it has designated as "directory information” • the right to restrict the disclosure of such information, • the period of time a student has to notify the school in writing if they wish to opt out. • The means of notification could include publication in various sources: • - a newsletter / newspaper • - student handbook

13. Data Sharing Agreements. Content outline: • I. PURPOSE • II. DEFINITIONS • III. SCOPE OF WORK • IV. DATA AVAILABILITY • V. CONFIDENTIALITY OF DATA • VI. GUIDELINES FOR USE OF THE DATA • VIII. DURATION OF AGREEMENT • IX. LEGAL AUTHORIZATION • X. TERMINATION • XI. AMENDMENT • XII. SCOPE OF AGREEMENT • XIII. RECORDS RETENTION • XV. REIMBURSEMENT • XIV. FUNDS ACCOUNTABILITY • XV. CONTACT PERSONS

14. Data Sharing Agreements. Common Language In Data Exchange Agreements: • All agreements should address the following areas in sufficient detail to assure compliance with privacy concerns. • Purpose and Background: Descriptions of the agencies and projects involved and how their role relate to the research project. • Definitions: The types of data to be exchanged and other terms used in the agreement. • Research Purpose: The expected benefits of the project. • Guidelines for use of the data: Detailed instructions as to the use, • maintenance, and disposal of the data associated with the project.

15. Applications. System and Institutional Benefits: • Department of Labor (UI Wage data) • State Required Performance Measures • Carl Perkins Workforce Placement • Ad Hoc Requests • - economic impact of education • - employability of graduates • System Wide Enrollment Patterns • IPEDS Graduation Rate Survey • Adult Basic Education Outcomes • Student Progression

16. Applications. Department of Labor (UI Wage data): • Impacts: • Full time employed showed an average wage increases of 68%. ($14,492 before completion to $24,276, an increase of $9,784) • Pell recipients experienced a gain of $12,738 or 117%. ($10,891 to $23,629) • Average quarters worked increased from 2.9 before program completion to 3.5 afterwards. • 478 graduates went from part time or seasonal work with average annual earnings of $3,894 to four continuous quarters of work with average earnings of $20,117.

17. So…..What is FERPA? A good thing ! • Provides professional practice guidelines for legitimate research in a responsible manner. • Assures the public that ethical standards and precautions are in place and observed by the stewards of personal information. • Can be used to maintain and expand access to data resources by reassuring our partners of their safety in participating in joint efforts.

18. FERPA Resources. For Further Information: • New Mexico Data Sharing agreement: nmche.state.nm.us/PublicationDocuments/FERPATemplate.pdf • American Association of College Registrars and Admissions Officers AACRAO.org • U.S. Dept. of Ed.,Family Policy Compliance Office http://www.ed.gov/offices/OM/fpco/