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FERPA

FERPA. Family Educational Rights and Privacy Act A presentation for the Biola University Admissions Staff Angela Bessolo December 2004. Purpose of Workshop. To be familiar with a brief history of legal issues in higher education To understand the primary rights of students under FERPA

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FERPA

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  1. FERPA Family Educational Rights and Privacy Act A presentation for the Biola University Admissions Staff Angela Bessolo December 2004

  2. Purpose of Workshop • To be familiar with a brief history of legal issues in higher education • To understand the primary rights of students under FERPA • What are they? • How do they pertain to Admissions? • To be familiar with court cases dealing directly with FERPA issues • To identify the impact FERPA has on parent involvement with the institution • To discuss potential areas of training for new Admission staff members

  3. History of law in Higher Education • University law regarding students has developed and changed over time. • The Rights and Responsibilities of the Modern University –Robert Bickel and Peter Lake • Four eras in which the law evolved: • In loco parentis • Civil Rights Era • Bystander Era • Duty Era

  4. In loco parentis Prior to 1960 Sir William Blackstone coined the phrase “in place of the parent” Universities were separated from the legal system Institutional independence and freedom Civil Rights Era 1960’s – 70’s Students fight for their civil rights on college campuses “constitutional adults” Awarded due process Dixon v. Alabama State Board of Education Student viewed as “consumer” History of law in Higher Education, cont…

  5. Bystander Era Universities were exempt from legal responsibilities for student safety Solely an educator Students were perceived as “strangers” Tarasoff v. Board of Regents of the University of California Courts began to consider “duty” Duty Era Since the mid-1980’s Era of transition Urgent need to become more proactive in setting standards, rules, and guidelines for students Seeking a balance between university/student relationship Divided responsibility versus shared responsibility History of law in Higher Education, cont…

  6. FERPA • How did it get started? • Proposed by former New York Senator James Buckley on May 9, 1974 and became effective in November 1974. • Buckley’s initial intention • The law was designed to protect the privacy of student education records. • Who does FERPA apply to? • The law applies to all schools receiving federal funds under the U.S. Department of Education programs. • Legislative purpose • “promote communication between institutions and the parents of students…”

  7. Primary rights under FERPA • Right of Access • A student has the right to inspect and review all education records maintained by a school. • Right to Challenge • A student has the right to seek to amend education records. • Right to Consent • A student has a right to have some control over the disclosure of information from education records.

  8. Right to Consent • Disclosure of Education Records • 3 main components • Disclosure provisions • Exceptions to the consent requirement • Redisclosure • “Directory information” exemption

  9. Exceptions to FERPA include: Law Enforcement Records Employment Records Medical Records Alumni Records Primary provisions with FERPA: Withholding of funds Problem with legislation FERPA

  10. FERPA related court cases • Only 2 cases have been subject to the Supreme Court: • Owasso Independent School District v. Falvo • John Doe v. Gonzaga University • Admissions related: • Osborn and Center for Equal Opportunity v. Board of Regents of the University of Wisconsin-System • Open records request • Miami University (Ohio) • The Crime Awareness Act of 1990 (Roseiwig, Ethan)

  11. Parents • Impact on Parents • “Once a student is eighteen or enters a postsecondary institution, the rights of the parents transfer to the student unless the college decides to permit parents of dependent student’s access to student records.” (Weeks, Kent) • Parental Communication and Involvement • 5 basic parental rights under FERPA

  12. Conclusions • FERPA continues to serve as the defining piece of legislation for how colleges and universities define the relationship between the institution and parents. • FPCO • Family Policy Compliance Office • Electronic records • Faculty and staff • Parents do not have “automatic access”

  13. Potential areas of growth • Training and Management “Training on security awareness should include supporting the information security program in general, as well as addressing the safeguarding of customer information. Training should cover anyone who has access to a system that has customer information, and also anyone who has access to paper copies of customer information.” • FERPA issues in our application process?

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