FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT

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FAMILY EDUCATIONAL RIGHTS AND PRIVACY
ACTFERPA
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WHAT IS FERPA?

• Family
• Educational
• Rights and
• Privacy
• Act of 1974 protects the privacy of student
  educational records.
• FERPA applies to any higher education
  institution receiving federal funds administered
  by the Department of Education.

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FERPA REGULATIONS

• FERPA law and regulations are found at the
  following citations
• U.S. Code 20 U.S.C 1232g
• CFR 34 CFR Part 99
• www.ed.gov (type in keyword FERPA)
• Also see Policy Procedure 09-08-01

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WHO IS PROTECTED UNDER FERPA?Students who are
currently enrolled in higher education
institutions or formerly enrolled, regardless of
their age or status in regard to parental
dependency. Students who have applied but have
not attended an institution do not have rights
under FERPA.
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RIGHTS OF STUDENTS

• Inspect and Review their Education Records
• Exercise limited control over disclosure of
  Education Records information
• Seek to correct their Education Records
• Report violations of FERPA to the Department of
  Education
• Be informed of their FERPA rights

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EDUCATION RECORDS

• Education Records generally include any
  records which contain information directly
  related to the student that is in the possession
  of the University. The records may be in printed
  form, handwritten, computer, magnetic tape,
  e-mail, film or some other medium.

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WHAT IS NOT INCLUDED IN AN EDUCATION RECORD?

• Records or notes in the sole possession of
  educational personnel not accessible to other
  personnel (i.e. contained in a faculty members
  notes)
• Law enforcement or campus security records (Pitt
  Police records)
• Records relating to individuals employment by
  the University (Work Study records ARE
  educational records)
• Medical treatment records (made or maintained by
  a Physician, Psychiatrist, Psychologist or
  related paraprofessional)
• Alumni records
• Peer-graded papers

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LIMITATIONS ON STUDENTS RIGHT TO INSPECT AND
REVIEW

• Students may review their records by submitting a
  written request to the appropriate Record
  Custodian.
• The Student is not permitted to inspect and
  review financial records of his/her parents.
• 2. The Student is not permitted to inspect and
  review confidential letters and recommendations
  in their education record (if the student signed
  a waiver).
• The items listed above are to be removed from
  the file prior to the students review of his/her
  education record.

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LIMITATIONS ON STUDENTS RIGHT TO INSPECT AND
REVIEW

• 3. Copies are not required unless it is
  unreasonable for the student to come in and
  inspect his/her records.
• 4. The University is responsible to provide the
  students records for inspection no later than 45
  days after requested.

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WRITTEN CONSENT OF STUDENT

• Voluntary written consent of Student to specific
  third parties. Document should be signed and
  dated by the Student and state the following
• --Specific records to disclose
• --Identity of party to whom disclosure is to be
  made
• The consent will remain valid until the student
  requests that it be revoked.
• Sample form at Policies Procedures page
  Procedure Exhibits.

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HEALTH/SAFETY EXCEPTIONS

• FERPA allows schools to make necessary
  disclosures without obtaining prior written
  consent in order to address emergencies.
• If an institution determines that there is an
  articulable and significant threat to the health
  or safety of the student or other individuals and
  that a party needs personally identifiable
  information from education records to protect the
  health or safety of the student or other
  individuals, it may disclose that information to
  appropriate parties without consent.
• This is a flexible standard under which the
  Department defers to school administrators so
  that they may bring appropriate resources to bear
  on the situation, provided that there is a
  rational basis for the .institutions decisions
  about the nature of the emergency and the
  appropriate parties to whom the information
  should be disclosed.

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WHAT IS DIRECTORY INFORMATION?

• The University may disclose information about a
  student without violating FERPA through what is
  known as directory information.
• Annually the University is required to notify
  students in attendance of what information
  constitutes directory information. This notice
  must also provide procedures for students to
  restrict the University from releasing his/her
  directory information. This notice is provided in
  the annual Student Code of Conduct, on the
  Registrars website, in University Policy, and
  published in the student newspaper.

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DIRECTORY INFORMATION

• Students name
• Students address
• Telephone number
• Place of Birth
• Major field of study
• Degrees and awards received
• Previous educational institutions
• Participation in officially recognized sports and
  activities
• Weight and height for athletes
• Dates of attendance
• Electronic mail address
• Students photograph

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STUDENTS REFUSAL TO PERMIT RELEASE OF DIRECTORY
INFORMATION

• Student can refuse to permit release of
  directory information by completing the form in
  the student paper or on the Registrars website
  or by forwarding the following statement to the
  University Registrars office at G-3 Thackeray
  Hall
• I hereby request that no personal information
  included in my Directory Information be
  released. This request must be signed and dated
  by the student with his/her name, address and
  social security number.
• Once this request is received at the Registrars
  office, no future disclosures will be made
  without the students written consent.
• The refusal to permit release of Directory
  Information is permanent.
• A student may rescind this action in-person or
  by submitting a notarized request in writing to
  the Office of the University Registrar.

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RECORDKEEPING REQUIREMENT

• The University is required to keep a record of
  each request for access and disclosure of
  personally identifiable information from the
  education record of each student.
• This record must be maintained with the education
  record of each student as long as the education
  record is maintained.

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FERPA AND INTERNATIONAL STUDENTS

• International students have the same rights to
  inspect their records and request amendments.
• International students consent to release of
  their records to certain governmental agencies on
  various forms.
• Cooperate with the Department of Homeland
  Security.

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RETENTION OF RECORDS

• Refer to the General Record Retention Schedule
  listed on the Universitys Records Management web
  site http//www.library.pitt.edu/libraries/ar
  chives/records_management.htmlRetention for
  guidelines on the length of time required to
  retain student educational records.

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RETENTION OF RECORDS

• Refer to the Financial Record Retention Schedule
  listed on the Universitys Budget and
  Controllers website http//www.bc.pitt.edu/frs/
  FinancialRecordRetentionSchedule.htmlfor
  guidelines on the length of time required to
  retain financial records.

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CORRECTING EDUCATION RECORDS

• Students are permitted to inspect and review
  their Education Records, and to seek to change
  any part that they believe is inaccurate,
  misleading, or in violation of their privacy
  rights.
• a. If the requested change falls within the
  individuals Academic Integrity Guidelines,
  then Academic Integrity Guidelines shall
  control the procedure to follow. FERPA gives
  the student the right to correct an
  inaccurately recorded grade, not to have the
  grade evaluated and changed.
• b. If the requested change is not a violation
  of the Student or Faculty obligation, then the
  standard access and release of records will
  be followed (see University Policy and
  Procedure 09-08-01).

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RIGHT TO REPORT VIOLATIONS TO THE U.S. DEPARTMENT
OF EDUCATION

• Any complaint filed by a Student regarding a
  violation of their FERPA rights is investigated
  and processed by the Family Policy Compliance
  Office of the U.S. Department of Education. If a
  determination is made that the University is in
  violation, both the University and the Student
  will be advised and informed of the measures to
  be taken in order to come into compliance with
  the law.

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STUDENTS RIGHT TO BE INFORMED OF THEIR FERPA
RIGHTS

• The University is required to annually inform
  students of their FERPA rights. The
  notification must also indicate the location of
  the students records and the procedure to be
  followed to inspect and review their record.

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Release of Student Educational RecordsUnder the
Family Educational Rights and Privacy Act
Requester Definition Ask to See ID Verify Need to Know Consult With General Counsel Obtain Written Permission from Student Explain Limits on Redisclosure Record Request Action Taken in Student File Misc.
The Student Requesting His or Her Own Records Any person who attends or has attended the University. Yes, Check ID. Have Student Sign and Date request form. N/A No, unless questions arise regarding the request. Yes, to the extent that the student is required to provide a signed request form. No. No. Student has NO right to view confidential letters or parents financial information in their education record.
Parent or Guardian Natural Parent, guardian or individual acting as parent in the parents absence. Check to see if student is a tax dependent of the parent. Check IRS tax form. You may. No, unless questions about legal custody, dependency No, if students dependency has been verified. Yes, if student is not a dependent. Exception for under 21 alcohol/drug violation or health/safety emergency. No. Only if request was denied. Check to see if Student is a tax dependent of the parent. Both parents have equal access even if divorced/separated unless court order states otherwise.
Faculty or Other School Official University administrator, academic or research employee. No, unless doubt as to the officials identity. Yes, even for an official verify their legitimate interest. No, unless questions about legitimate educational interest. Not necessary if official has legitimate educational Interest. Yes. Keep a record in the students file where the request was denied. Consult with supervisor or Registrar if doubt to legitimate interest. OGC can provide guidance.
Other Parties Seeking Information Media, courts, lawyers, educational authorities, govt. agencies, alleged victims of crimes of violence. Yes, if release of record turns on identity/role. Maybe. Yes. Maybe. Yes. Yes, unless written consent from student, directory info or subpoena that prohibits disclosure to student. Check whether student has requested non-disclosure of directory information. This will be reflected on PeopleSoft.
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DECEASED STUDENTS

• The privacy rights of an individual expires upon
  that individuals death. FERPA does not apply
  and it is the Universitys discretion to disclose
  any information of the deceased student.

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FERPA Questions

• If you have questions not addressed in this
  presentation, please contact the University
  Registrars Office at 4-7600 or the Office of
  General Counsel at 4-5674.
• Also, see the Office of the University Registrar
  or the Office of General Counsel websites for
  further information.