Are you FERPAred? Understanding Your Role in the Family Educational Rights and Privacy Act

1. Are you FERPAred?Understanding Your Role in the Family Educational Rights and Privacy Act Catherine Mund Registrar Records, Registration & Veterans’ Affairs (RRVA)

2. FERPA • Federal Law enacted in 1974 • Family Educational Rights and Privacy Act • Buckley Amendment • Federal Law that protects the privacy of students’ education records by requiring that personally identifiable information only be released to parties with a Legitimate Educational Interest [LEI] • Applies to all institutions that receive funds from the Department of Education • Protects the privacy of all students at HCC, regardless of age

3. Failure to Follow FERPA • Student victims of identity theft and other crimes • Student complaints require significant time and attention to resolve • Loss of federal funding • Violation of Confidentiality Procedure (63.09.02) • College employees have access to confidential information about students ... Such information is privileged and should not be disclosed except as a part of the employee's official job function in compliance with …FERPA, with the Maryland Ethics Law, and college policy and procedure. • The Public Information Act and the Sunshine Law provide that some information is public information. However, it is not up to an individual employee to release information except as provided by college policy and procedure. Any [third party] requests… [should] be referred to… [the registrar]… Failure to respect confidentiality is cause for disciplinary action.

4. Students’ 4 Rights under FERPA • To inspect and review their education records • To request amendment of their education records • To limit disclosure of “personally identifiable information” known as directory information • To file a complaint with the Department of Education concerning an alleged failure by the institution to comply with FERPA

5. Student Records & Personally Identifiable Information [PII] • PII: Information that alone or in a combination, is linked to or linkable to a specific student with reasonable certainty. • Student Records: information directly relating to a current/formerly enrolled student and are maintained by HCC or a party acting on HCC’s behalf • Examples: • Admission information of enrolled students • Biographical information • Course information, coursework and information about academic progress • Disciplinary records • Student account and financial aid records

6. Directory Information… … student record information that is generally considered not harmful or an invasion of privacy if released. HCC identifies the following items as directory information: • Students’ names • Addresses • Email addresses • Photographs • Phone numbers • Learning programs (e.g., major fields of study) • Enrollment dates • Degrees, honors and awards • Participation in officially recognized college activities or sports, and athletes’ weight and height HCC generally releases only the following information: students’ names, dates of enrollment, major fields of study, degrees, and confirmation of honors and awards or a lack thereof. Confidentiality of Student Records-50.05

7. POP QUIZ: Question Can directory information be released to anyone who requests it? • YES • NO

8. POP QUIZ: Answer Can directory information be released to anyone who requests it? • YES: If the student has NOT requested that directory information be withheld • NO: If the student has requested that directory information be withheld • OUTSIDE of HCC except as provided by law • To anyone INSIDE of HCC who does not need to know Students may request directory information be withheld by submitting a written request to RRVA; request valid for term submitted.

9. Legitimate Educational Interest [LEI] or “Need to Know” • HCC officials performing a task that is specified in your position description or contract • HCC officials include contractors, consultants, volunteers, and other parties to whom the college has outsourced institutional services or functions

10. Legitimate Educational Interest [LEI] or“Need to Know” may also exist for: • Educational institutions in which the student intends to enroll or is already enrolled • State and local officials when state law requires information to be reported • Parties in connection with financial aid • Accrediting organizations in order to carry out accrediting functions • Parents/guardians of students who are dependents for IRS purposes • “Appropriate persons" in the case of health and safety emergencies • Organizations conducting studies for or on behalf of HCC • Parties requesting “directory information” • The general public and victims of an alleged perpetrator of a crime of violence or a non-forcible sex offense • Parents/guardians of a student under 21 regarding the violation of any federal, state, or local law, or any rule or policy of the college governing the use or possession of alcohol or a controlled substance • Judicial orders or lawfully issued subpoenas • Authorized representatives of the United States Comptroller General, the United States Attorney General, the United States Secretary of Education, or state and local educational authorities

11. Legitimate Educational Interest IS NOT • A curiosity about the academic record or disciplinary proceedings • All records of all students are not open to all faculty and all staff of HCC • e-mail cmund@howardcc.edu if you have a question about whether a LEI exists in connection with a request for data

12. When in Doubt DO NOT give it out! The fact that a record is not protected by FERPA does not mean that record may be freely released

13. Once Information is Disclosed • Official/party with information now possesses FERPA burden • Subject to the confidentiality requirements of FERPA • You are required to inform the party about this responsibility, including that the disclose may not be carried further without an LEI

14. LEI: Case Study Letter addressed to the Assistant Registrar of a major university. “Dear Ms. X: I am writing concerning the release of information about my educational record to my ex-husband, Mr. Y, the Director of Z at the University. I refer to the unofficial grade transcript that I gave to you during our meeting last week. I was separated from him in December, 2007 and divorced from him in October, 2008. We are currently involved in a court decision concerning custody of our two children. In his answers to interrogatories filed with my attorney on February 11, 2009, my ex-husband wrote that he would submit the “educational record” of me as evidence at the trial. My attorney said that he didn’t know how my ex-husband would be able to supply the court with a copy of my transcript, since that information is protected. On March 3, his lawyer gave my lawyer several documents he intended to use as exhibits in court, including my grade transcript. The hearing date was March 4. At the hearing, his attorney did not submit my transcript itself, but he submitted a sheet showing a set of bar graphs representing my academic progress at the University as opposed to his progress at Yale and Harvard. This sheet had been prepared by his new wife, a faculty member in the Statistics Department. In his testimony, my ex-husband also referred to my grades since the divorce, and to the fact that I had completed the required number of hours for an M.A., but had not yet completed my thesis. My ex-husband has obtained my unofficial transcript to further his case against me as a custodial parent. I am angry that he has gotten this personal information about me, and has shared it with his lawyer, my lawyer, his wife, and perhaps other people as well. I am proud of my academic record, but it is my record to disclose…” So… what went wrong here?

15. POP QUIZ: Question Which of the following records does FERPA not include? • Records that contain personally identifiable information about students, but are only on computer • All paper records that contain personally identifiable information about students • Records kept in the sole possession of an HCC employee or agent of the college, are used only as a personal memory aid, and are not accessible or revealed to any person except a temporary substitute for the individual who created the record

16. POP QUIZ: Answer C. FERPA does not sole possession records to the extent that they: • Are not shared with others (except a temporary substitute) • Are not put into students’ files • Do not contain information provided directly by students • Are not used to make decisions about students

17. POP QUIZ: Question A colleague in your department tells you that one of his students has requested accommodations on the final exam due to a disability. The colleague wants to know what, if any, accommodations were granted to the student in your class last semester. Under FERPA, which response is ideal? • You offer to check your files and get back to the colleague. • You refer your colleague to Disability Support Services. • You confirm or deny that the student received accommodations.

18. POP QUIZ: Answer B. You refer the colleague to Disability Support Services [DSS]. • The information about disabilities is protected under both FERPA and the American Disabilities Act. • Your experience may or may not be relevant to the situation at hand, therefore a LEI does not exist. • Reasonable accommodation decisions are made by DSS.

19. POP QUIZ: Question A student you know calls you from her home in Korea over break. She needs to know her spring grades so that she knows what classes to take next fall. She’s really worried about her English grade. Can you give out that information? • Yes • No

20. POP QUIZ: Answer • No. Do not give out grades over the phone OR via e-mail. Direct students to myHCC for their grades.

21. POP QUIZ: Question True or False? It is permissible to include a student’s GPA and grades in a letter of recommendation without obtaining the student’s written permission since the student requested that you write the letter and provided her resume with the grades, etc. on it.

22. POP QUIZ: Answer • False You need a written statement from the student that: • Is dated and signed by the student • Specifies the records to be disclosed • The purpose of the disclosure • Specifies the name of person or other entity to be given records Always keep a copy of that release!

23. POP QUIZ: Question Is it poor practice for professors to leave graded work on a table in a full classroom? Give graded work to a student’s friend? Engage in peer grading?

24. POP QUIZ: Answer Is it poor practice… For professors to leave graded work on a table in a full classroom? Yes. This is a violation of the privacy rule because students may not have access to others’ information. Hand the papers back. Give graded work to a student’s friend? Yes. This is a violation of the privacy rule because students may not have access to others’ information. You may mail the student their work, or if you receive an e-mail from the student giving the other student permission to take the work, put it into a sealed envelope and keep a copy of that e-mail! Engage in peer grading? No. This practice was upheld in a recent Department of Education finding as a learning opportunity. The work becomes part of the student record once it is collected by the faculty member or entered into “the grade book.” If this hasn’t happened, the FERPA burden doesn’t exist.

25. Teaching on the Web: Case Study Fred teaches a course that has a Web-based discussion component. Class members can see each other’s email addresses and name. It is not open to the public for view or use. Are there any FERPA issues? Student participation in class discussions may not be made public without a release that is signed and dated for each student. Since the discussion site is only accessible to students in the class, there is no FERPA issue. Fred should remind class members that the discussion threads should not be shared with others outside the class without permission from the author to do so. No non-directory information should be displayed on the site. Ivanawants to make her online course management (i.e., Moodle) pages publicly accessible to anyone. Are there FERPA implications for making this information available to individuals beyond the course? Yes, specific course registrations and personally identifiable class materials from students are not directory information. Therefore, they may not be made publically accessible. There may be students in the course who have chosen “no release” for their directory information; displaying their information would violate this request. The instructor can offer a voluntary “public” version of her course but cannot compel students to participate. Peter wants to publicly podcast the entire content of his courses. This includes class discussion. He decides this shortly before the term begins and hasn’t notified registered students that this will be occurring. What are the FERPA implications for this practice?

26. POP QUIZ: Question A student feels he was unfairly graded. He wants to know what other students earned in the class. Can you tell him? • Yes • No

27. POP QUIZ: Answer • No You cannot release the grades of individual students to another student, even if you do not distinguish who received which grade. You can release a calculated class average.

28. POP QUIZ: Question You receive a subpoena in the mail. It appears to be a legal, court ordered subpoena. Should you give out student information? • Yes • No

29. POP QUIZ: Answer • No. Subpoenas require immediate attention of the registrar.

30. POP QUIZ: Question An unauthorized person retrieves information from a computer screen that was left unattended. Under FERPA, is the institution responsible? • Yes • No

31. POP QUIZ: Answer Yes. Information on a computer screen should be treated the same as printed reports. • Do not leave information unattended/accessible • Lock Workstation” (“Windows” key + L) • Remind students to log-off computers before leaving the classroom • Cover all personally identifiable information when someone walks over to your workstation • Secure all personally identifiable information before leaving your desk or office • Shred all personally identifiable information

32. DO • Review the Confidentiality of Student Records- 50.05 policy before responding to a request • Ask to see identification before granting access to student records • When responding to a student via phone, authenticate the user by various means: • Academic history (courses taken last semester) • Factoid that only the student would know • Explain to a student, colleague, etc. why you are unable to provide information, if a LEI does not exist

33. DO • Obtain signed, written permission from a student before sharing information with anyone OTHER than the student • This is especially true when writing a letter of recommendation. • Written permission must be • Dated and signed by the student • Specify the information to be disclosed (such as GPA or grades) • Specify the reason for the disclosure • Specify the name of person or entity to be given information

34. DO • Delete all information that is not need to know, including student ID, before sending an e-mail if a LEI does not exist. Keep student ID numbers and student names out of the Subject: line! • Use HCC e-mail only to send and receive FERPA protected information. Only send FERPA protected information to students via their HCC e-mail addresses; but keep grades only in myHCC and Canvas. • Engage in peer grading; this practice was upheld in a recent Dept. of Ed. finding. The work becomes part of the student record when collected by the faculty member or entered into “the grade book.” • Keep student information out of social networking sites and cloud computing… Do not use Google Docs, etc. to store or share student record information.

35. DO • Consult a registrar before releasing information to third parties outside of HCC. • Refer all subpoenas, summons or other legal process requests to the registrar. • Contact Public Safety and/or 911 if you have information (confidential or otherwise) that a student may cause harm to himself/herself or others.

36. DO NOT • Release grades over the phone, even if you know the student. Refer students to myHCC for grade information. • Provide anyone with student schedule information or assist anyone other than a HCC employee in finding a student on campus; refer requests to Public Safety.

37. DO NOT • Release the grades of individual students to another student, even if you do not distinguish who received which grade. Release a calculated class average instead of a grade distribution, particularly in courses with small enrollment. • Leave graded work on a table in a full classroom. Instead, hand work directly back to each student. • Post student information in a public place on which names, SSNs, Student IDs, or other personal identifiers are displayed; this includes sign-in sheets!

38. DO NOT • Give confidential information to a student’s friend or parent to bring to the student. Instead: • Mail the student his or her information • If you receive an e-mail from the student’s HCC e-mail address giving a third party permission to take the work: • Put work in a sealed envelope • Ask for a picture ID of “courier” • Keep a copy of the e-mail!

39. Remember… When in doubt DO NOT give it out! cmund@howardcc.edu

40. BONUS ROUND! Additional helpful advice from RRVA

41. Can students sit in my class if they’re not on my roster? • NO! • Every student must be registered • After the second class meeting, written permission is required from the faculty member and the division • Students are dropped for non-payment: July 18, August 15 & 29, September 5 & 13 • Review your roster in myHCC the day after each drop to ensure that all attending students are listed

42. Adding students after second class meeting • Ask student to fill out a drop/add form • Sign/date the form • Send the student to the division office for an override form • Payment arrangements are required at registration • Registration is required to remain in the course • Adds may not occur after 20% of class meetings (September 13)

43. Are students allowed to audit your class? • Yes! Students will be listed with a status of N on your roster • Verify student is intentionally auditing. It doesn’t count toward: • Financial aid • Veterans’ benefits • Tuition Assistance • Student Visas • Graduation (October 15) • Discuss course requirements • The deadline to change from an auditor to taking the course for credit is before 20% of class meetings (September 13)

44. NA = NEVER Attended • Requirement for maintaining Title IV compliance • Report “NA” before 20% of class meetings (September 13) • Report “NA” or a lack thereof in myHCC Students who stop attending • Attended at least once, award the appropriate final grade • You will also be required to input a Last Date of Attendance • Direct the student to drop the course in myHCC

45. Grades submission Incompletes • Final Grades – Due within 2 business days of last class/exam • Must be instructor of record • Roll to academic history (students will see next day) • All grade changes must go through division office • Technical problems: Help Desk 443-518-4444 • Allow more time to complete coursework due to bona fide emergency circumstance • Form required for each “I” given by grading deadline • Final grade required by 4th week of the next semester • If no grade provided “I” becomes an “F”

46. Questions? cmund@howardcc.edu