“ Right Track Wrong Train” by Cyndi Lauper

1. “Right Track Wrong Train”by Cyndi Lauper Don’t Get Derailed

2. Overview • What is FERPA? • What is Legitimate Educational Interest? • Why is it important for me? • Case Studies • Questions

3. What is FERPA? • Family Educational Rights and Privacy Act of 1974 as amended • Also known as the Buckley amendment Legislation was enacted because Congress was concerned about the amassing of data that the subjects could not contest

4. Protections and Rights Under FERPA • Prohibits release of non-directory information to a third party without written consent • Student Rights • Allows student to inspect education record • Allows student to request an amendment to education record to correct information • Gives student the right to file a complaint with the US Department of Education • (Students do not have a right to an expectation of anonymity in the classroom)

5. When Does the Clock Start and Stop Ticking??? When a student is admitted and registers – first day of the first term Stops when a student leaves but you cannot disclose information from when they were a student – so alumni records are not protected by FERPA

6. What is Directory Information? • Information contained in an education record that would not generally be considered harmful if disclosed • Name • Address • Email • Major • Enrollment • Honors • Photo if that is listed in your policy

7. What is NOT Directory Information? Social Security Number or Student ID Class schedule Grades Transcripts Financial Aid information

8. Legitimate Educational Interest What is it? What it is NOT Do not have access to satisfy curiosity Should not be accessing your own information, that of your spouse or children (or other family members) • Access to information to do your job • Limited only to those students over which you have DIRECT responsibility

9. What is an Educational Record? • An educational record - maintained by an educational agency or institution or by a party acting for the education agency or institution • So, it is not just us. New regulation requires a written agreement with the “authority acting on your behalf” and reasonable assurance that they follow FERPA

10. What Might It Include? • Including but not limited to: • Grades • Financial aid information • Transcript information • Bills/charges • Advising notes

11. Examples of Educational Records in the Financial Aid Office • Eligibility • Account • Work Study Payroll* • Applications • ISIR • PJ Documentation • Loan Certification • Entrance/Exit Counseling • History used for Transfer Students • Cost of Attendance including Adjustments • SAP • Verification Documents

12. What is NOT an Education Record? • Sole possession notes • Personal memory joggers • Cannot include something that is protected as an educational record • Not accessible or revealed to any other person • Law enforcement records • Employment records • Physician records – treatment records • Counseling records

13. Re-disclosure The big issue is disclosure (really re-disclosure) of Personally Identifiable Information (PII) – both direct or indirect (examples – SSN or rank in class) Remember – re-disclosure must be logged

14. Parent’s Are Confused (such a nice way to put it) Elementary/Secondary College/University When a student enters a college or university at any age, they own the record and consent privileges become theirs • A parent has the right under FERPA to their child’s educational records and to provide written consent for release of PII until the child is 18

15. Always an Exception Dependent Students Outside Agencies Agencies doing educational research 3rd party vendors - need to have an agreement Some subpoena requests* • You can release information to parents, if your school allows – Must be tax return dependent – you do not have to

16. More Exceptions On Your Campus Off Campus Share when a student provides written consent Alleged victim of a crime Parent of a student under 21 – if drugs/alcohol laws are violated • Can share with those who have an educational need to know – be careful (Alumni Office) • Must share with the student (redact before you do) but you do not have to provide copies • Make sure scholarship awards are part of your directory information

17. More Legitimate Re-Disclosure Off Campus Still More… Accrediting Agencies State and Local Officials In Cases of Health or Safety Threats Patriot Act has 16 FERPA exceptions • U.S. Comptroller General • U.S. Attorney General • U.S. Department of Education

18. Do You Ever Get a Visit From the FBI or the Military? A badge or rank does not necessarily give the requester access. Look carefully at paperwork from law enforcement before you disclose. Solomon Act does not apply to Financial Aid Records.

19. Do not share tax information in cases of divorce or separation • Freedom of Information Act Does Not Apply • Alumni Office does not get FAFSA information • Careful which on- campus offices have access to financial aid records (must agree not to re-disclose) Risky Re-Disclosure No Educational Need to Know

20. What Constitutes Consent From A Student? • It’s easier if you develop a consent form that is used by your institution for non-directory items • To be valid it must contain 5 elements • What information is to be disclosed • To whom it will be disclosed • For what purpose will the information be used • It must be signed • It must be dated • (It is revocable)

21. Best Practices – Caution Here is That You Do not Give the Appearance of Violating FERPA • Develop a way to identify parents when student has signed a FERPA waiver – authentication questions can help • Develop a policy – and educate staff about the policy • Have staff sign privacy statements • Practice clear desk and screen • Get written consent before writing a recommendation • Not all verification forms contain a consent statement – be sure to check

22. It Never Ends and Can Be Overlapping – Other Regulations That Might Impact Disclosure • If you get a request for information from the “outside” you might fall under the your state’s open records act. Someone should be in charge on your campus. • If your school is considered a financial institution it must follow Gramm Leach Bliley (Does your institution make emergency loans?) • And then there are the Red Flag rules under the FTC and PCI compliance (folks believe we are the Business Office – so be aware of these rules) • If you have health records for a PJ or SAP you fall under HIPAA…

23. Don’t Even Get Me Started on Hipaa • If you process professional judgments based on excessive medical expense, you need to think about Hipaa, so here is a link http://www.hhs.gov/ocr/privacy/ • Hipaa is enforced by the Office of Civil Rights

24. Why is FERPA Important to YOU? • Did you sign a confidentiality form when you were given access to your institutions student information system? • If you violate FERPA you could have your access to student records removed or you could lose your job. • Do you have any idea of the $ amount it might cost your institution in federal and state aid?

25. Case Studies • To quote a former professor “ Talk amongst yourselves” • Better Yet Let’s Go with Cyndi “And as the train pulls away I can hear the conductor sayRight track wrong train Right track wrong train I'm not to blameRight track wrong train... Train”

27. Contact Information • Elaine Henrie Director Financial Aid & Scholarships & Registrar – ehenrie@emporia.edu