The University of Akron

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The University of Akron
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FERPA

• The Family Educational Rights and Privacy Act of
  1974 (FERPA) (also known as the Buckley
  Amendment)

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Michael D. Sermersheim

• Associate Vice President and Deputy General
  Counsel
• The University of Akron
• Office of General Counsel
• sermersheim_at_uakron.edu
• http//www.uakron.edu/ogc

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REFERENCES
Some ideas, examples, and quotations used in this
presentation are generated from the outstanding
Catholic University of Americas Office of
General Counsel website found at http//counsel.c
ua.edu/Ferpa/Questions.htm We commend their fine
effort. Additional quotations are used from the
dynamic interview of LeRoy S. Rooker, Director,
Family Policy Compliance Office, U.S. Dept. of
Education at the April 15, 1991 Annual Meeting of
the American Association of Collegiate Registrars
and Admissions Officers.
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FERPA provides specific rights to the student

• Inspect and review education his or her records

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• Exercise control (with some limitations) over
  disclosures of information contained in his or
  her education records
• Seek to correct those records, in a hearing if
  necessary, when he or she believes the records
  are inaccurate or misleading
• Consent to disclosure of his/her records

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• Report any violations of FERPA to the FERPA
  Office in Washington
• In all instances, be informed about his or her
  FERPA rights

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What is a student educational record?

• any record (in handwriting, print, tape, film,
  or maintained on any other medium) maintained by
  the university, an employee of the university, or
  an agent of the university, which is directly
  related to a student

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UA Policy - 3359-11-08 Policies and procedure for
student records
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UA Policy prohibits release of student
educational information without consent

• Exceptions
• University officials with legitimate educational
  interest

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UA Policy prohibits release of student
educational information without consent

• Officials of another school, upon written request
  of student

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UA Policy prohibits release of student
educational information without consent

• officials of the u.s. department of education,
  the comptroller general, and state and local
  educational authorities, in connection with
  certain state or federally supported education
  programs

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UA Policy prohibits release of student
educational information without consent

• In connection with a student's request for or
  receipt of financial aid as necessary to
  determine the eligibility, amount or condition of
  the financial aid, or to enforce the terms and
  conditions of the aid

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UA Policy prohibits release of student
educational information without consent

• If required by any Ohio law requiring disclosure
  that was adopted before November 19,1974

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UA Policy prohibits release of student
educational information without consent

• To organizations conducting certain studies for
  or on behalf of the university

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UA Policy prohibits release of student
educational information without consent

• To accrediting organizations to carry out their
  functions

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UA Policy prohibits release of student
educational information without consent

• To parents of an eligible student who claim the
  student as a dependent for income tax purposes

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UA Policy prohibits release of student
educational information without consent

• To comply with a judicial order or a lawfully
  issued subpoena

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UA Policy prohibits release of student
educational information without consent

• To appropriate parties in a health or safety
  emergency
• Directory information so designated by the
  university
• The result of any disciplinary proceeding
  conducted by the university against an alleged
  perpetrator of a crime of violence to the alleged
  victim of the crime upon request

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The medium for storage media is not
pertinent.Student educational records include

• Information on a computer monitor
• Registrar's documents
• Class lists
• Printouts in an office
• Academic advisors notes

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FERPA rules,  DO NOT

• Use Social Security Numbers of students in public
  grade posting
• Link students names with their social security
  number (except official business)
• Leave stacks of student records unattended so as
  to allow sorting through the papers by others

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• circulate printed class lists with student names,
  social security number or grades as an attendance
  roster
• discuss the progress of any student with anyone
  other than the student (including parents)
  without the consent of the student
• provide anyone with lists of students enrolled in
  classes for any commercial purpose
• provide anyone with student schedules or assist
  anyone other than university employees in finding
  a student on campus

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Ferpa Coordinator

• The university official charged with
  responsibility for administering this policy is
  called the FERPA coordinator.
• Students who have problems or questions related
  to this policy should contact the FERPA
  coordinator for help.

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FERPA Person
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Some Common questions considered by FERPA
Coordinators

• When a student requests to see their records,
  what are examples of records they may view under
  FERPA?
• Academic records
• Disciplinary records
• Official record in Deans office
• Faculty letters relating to the student to a Dean
• Letters of recommendation the student has not
  waived the right to view

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More Ferpa Coordinator Questions

• During a university investigation, are responses
  by students defined as education records under
  FERPA?
• Yes, EXCEPTION
• If the investigation is conducted by a campus
  police department and the purpose is law
  enforcement, not the pursuit of internal
  university discipline, the records are not
  education records under FERPA.
• Students who wish to inspect and review their
  education records should submit a written request
  to the FERPA coordinator

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More questions

• Are student assignments considered education
  records by FERPA?
• Yes, the following, if they reveal the identity
  of the student, are education records
• written exams
• papers
• An institution cannot disclose or publish a
  students work without prior consent, in writing

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Procedure to correct student record

• Encourage custodian to correct
• Provide written statement about incorrect record
  (inaccurate, misleading, invasion of privacy or
  other rights) must be signed and dated.
• Review by FERPA Coordinator

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Decision made by President or designee

• President instructs FERPA coordinator whether
  record should be changed
• If the decision is to change the record, the
  FERPA coordinator will advise the custodian to
  make the change.
• The custodian will then advise the requestor in
  writing when the record has been changed and
  invite the requestor to inspect the corrected
  record.

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If decision is not to change record, University
must

• Notify the requestor of its decision.
• Provide a copy of summary of evidence considered
  and a written statement of the reasons for the
  university's decision.
• Advise student about placing in the record his or
  her explanatory statement giving any reasons he
  or she may have for disagreeing with the
  university's decision and the basis for his or
  her belief that the record is incorrect.
• Give notice that he or she may request a hearing.

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What is a Public Record?

• Types, Form, and Possession by Public and
  Non-Public entities
• A public record is any record held by a public
  office.
• Any item that is stored on a fixed medium,
  including
• paper
• computer
• film
• disk
• May be
• drafts
• notes

AND is created, received, or sent under the
jurisdiction of a public office and documents the
organization, functions, policies, decisions,
procedures, operations, or other activities of
the office.
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Some highlights about public records
Right to prompt inspection of public records and,
upon request, copies of public records within a
reasonable period of time. A public office may
charge its actual costs for copying public
records or providing records in a medium other
than paper form. A public office does not have to
permit a requestor the ability to make his/her
own copies. A public office may not calculate
employee time into its charge for copying a
public record. A public office must allow
inspection of public records within established
business hours.
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Beware

• Fake federal agents
• Casual conversations in public settings
• Release of more information than is requested
• Others who have an official cloak but no
  authority

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To Do and Not To Do

• DO review a copy of the student records policy
  before responding to a request for education
  records.
• DO NOT release directory information on a student
  without checking to see whether the information
  has been flagged for non-release.
• DO refer all subpoenas or IRS summons or other
  legal process requests for education records to
  the Office of General Counsel.

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To Do and Not To Do - 2

• DO obtain written permission from the student
  before sharing educational record, including
  grades and grade point averages, with parents or
  others outside the university. (Exception  a
  parent with proof of support)
• DO NOT request student information, or access the
  students file by computer, unless you have a
  legitimate educational interest and are
  authorized to access the information.

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To Do and Not To Do - 3

• DO follow confidentiality provisions of FERPA by
  not sharing education records information with
  colleagues unless a legitimate educational
  interest exists
• DO NOT release information about a student
  disciplinary matter without conferring with the
  Office of General Counsel or the FERPA
  Coordinator.

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Future Issues

• Directory information and its release - consent
  strategies and data sensitivity.
• Will private right of action become a reality?

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Future Issues

• Digital signatures Emergency Data Archiving
  Issues Numerical Identifiers Authentication
• Data Accuracy in a Distributed Environment
  Review of Transactional Data
• Information Security, Integrity, and
  Accountability

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Principle of Education

• Administrators who handle arbitration of
  computer abuse incidents on college campuses have
  long recognized that more harm is done through
  ignorance about information technology than
  through a motivation to harm.

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Education, then, becomes a practical matter for
the institution, if not an ethical matter

• Such education regarding the privacy of
  student information in a networked environment
  means systematic instruction by the college or
  university to enable students to understand fully
  their privacy rights and the potential
  implications of uses and misuses of information

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Education Considerations

• Assessment of educational needs
• Timing
• Dissemination vehicles
• Educating faculty and staff

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Examples of the Principle of Education

• Lesser education
• The institution provides required notification
  about students right to privacy in compliance
  with FERPA, probably through the student handbook
  or campus newspaper, but does not educate
  students further
• The institution does not systematically attempt
  to educate faculty, staff, or administrators in
  legal or ethical privacy considerations.

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Examples continued

• Greater Application
• The institution has developed an institutional
  process and delivers both a formal and informal
  instructional program that educates the entire
  community (not just students) about policies on
  privacy and the potential uses and abuses of
  technology in this regard.
• The institution assumes the responsibility for
  assessing the effectiveness of this
  process/program.