The Family Educational Rights and Privacy Act

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The Family Educational Rights and Privacy Act

• The Office of the Registrar
• James Madison University
• Warren Hall 504A
• http//www.jmu.edu/registrar

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What is the Family Educational Rights and Privacy
Act ?

• The Family Educational Rights and Privacy Act
  (also known as FERPA or the Buckley Amendment) is
  a federal law passed in 1974 designed to protect
  the privacy of a students educational records.

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Who is protected under the Act?

• Students who are now attending or who have
  attended a postsecondary institution.
• Applicants who are denied admission or who never
  attend are not covered under the act.
• Attendance begins when the student registers
  for the first time.

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Compliance Requirements

• An institution must
• notify current students annually in writing of
  their rights under FERPA.
• JMU distributes FERPA Annual Notification to all
  enrolled students after the third week of Fall
  Semester classes. The Annual Notice is also
  printed in the Graduate and Undergraduate
  Catalogs and in the Registration and Student
  Record Services Handbook.
• give students access to their own education
  records.

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What are Educational Records?

• With certain exceptions, educational records are
• all records maintained by the University (or an
  employee or agent of the University) relating
  directly to a student that are shared with or
  accessible to another individual.
• The records may be handwritten,
  printed,magnetic, video, or audio tape, film,
  microfilm microfiche, diskette, electronic.

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What is not an educational record?

• The following are not considered educational
  records
• Private notes or records that are not shared with
  any other person (i.e., instructor notes)
• Medical records
• Records relating to employees unless employment
  is contingent upon being a student
• Law enforcement records used only for law
  enforcement purposes
• Information obtained when the person was no
  longer a student and unrelated to the person as a
  student (i.e., alumni records).

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Student Rights under FERPA

• (1) With some exceptions, the student has the
  right to have some control over the disclosure
  of information from the educational record.
• except for Directory Information, personally
  identifiable information cant be released
  without the students prior written consent.

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Student Rights under FERPA

• (2) The student has the right to inspect and
  review their records.
• Students may inspect and review their education
  records by submitting a written request to the
  office responsible for the specific record
  desired. The responsible office has 45 days to
  respond to the request.

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Student Rights under FERPA

• (3) A student has the right to challenge the
  contents of an education record.
• Students may challenge the contents of an
  education record which they consider to be
  inaccurate, misleading, or in violation of their
  privacy rights.

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Student Rights under FERPA

• (4) The student has the right to file a
  complaint.
• Students have the right to file a complaint with
  the Family Policy Compliance Office concerning
  alleged failures of the University to comply with
  the requirements of the Act.
• U.S. Department of Education
• 400 Maryland Ave., SW
• Washington, DC 20202-4605

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Personally Identifiable Information

• Personally identifiable information includes
• the name of the student, and the student's
  parent(s) or other family members
• the student's address
• a social security number or student ID number or
  
• a list of personal characteristics, that would
  make the student's identity easily traceable.

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What is Directory Information?

• Directory Information is personally identifiable
  information contained in the students record
  that
• would not generally be considered harmful or an
  invasion of privacy if disclosed, and
• may be released without prior written consent
  from the student
• provided the student has not filed a
• Request to Withhold Directory
  Information
• form with the registrars office.

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Directory Information includes

• Student's name, addresses, and telephone
  numbers,
• Degree sought and time,
• Major/minor fields of study,
• College of major and year (freshman, sophomore,
  etc.),
• Enrollment status (full-time/part-time) including
  credit hours,
• Dates of attendance,
• Degrees, awards and honors conferred,
• Participation in officially recognized activities
  and sports,
• Weight and height of members of athletic teams,
• The most recent previous educational agency or
  institution attended by the student,
• Fraternity and/or sorority and educational
  societies.

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Who may have access to student information?

• The student or another person who has the
  students written consent
• School officials who have a legitimate
  educational interest in the information
• A person in response to a lawfully issued
  subpoena or court order.

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What is a School Official?

• A university employee who has responsibility for
  performing a task related to the educational
  objectives of the university, such as
• people in administrative, supervisory, academic,
  research or support staff positions
• members of university committees
• sponsors of official university clubs or
  organizations
• people or agencies employed or under contract to
  perform a specific task for the institution (such
  as the Student Loan Clearinghouse).

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What is legitimate interest?

• Legitimate interest is the employees need to
  review information in order to fulfill a
  responsibility as part of his or her employment.
• examples include teaching, research, academic
  advising, general counseling, discipline,
  vocational counseling and job placement,
  financial assistance and advisement, medical
  services
• co-curricular activities such as varsity and
  intramural sports, social fraternities, specific
  interest clubs, and student government.

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What about Parents?

• Under FERPA, only directory information may be
  released to anyone, including parents, without
  the students written consent (provided the
  student has not exercised the right to restrict
  the release of directory information).
• The University may release information to parents
  of dependent students as defined by the Internal
  Revenue Code of 1954. The most recent federal
  income tax return is required to establish
  dependency.

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FERPA in a Nutshell

• All information about a student should be treated
  confidentially and should not be released without
  the students prior written consent. The
  consent should be dated and should specify the
  records to be released, the reasons for release
  and the name of the person to whom the records
  are to be released.
• Information defined by the University as
  directory information may be released without
  prior written consent as long as the student has
  not filed a Request to Withhold Directory
  Information with the registrars office.
• Requests for information about students other
  than Directory Information should be directed
  to the office maintaining the official university
  records in question.

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Record Custodians

• Permanent Record - Office of the Registrar
• Academic (transcript) - Office of the Registrar
• Disciplinary - Director of Judicial Affairs
• Financial Aid - Financial Aid Scholarships
• Financial Accounts University Business Office
• Placement - Academic Advising Career
  Development
• Graduate - College of Graduate Professional
  Studies
• Police - Public Safety
• Assessment Assessment and Research Studies

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A few important notes

• Access to the student administration system does
  not authorize unrestricted use of information
• Curiosity is not a valid reason to view student
  information.

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Some more important notes

• Dont
• leave confidential information displayed on an
  unattended computer.
• throw records containing SSNs and grades in
  the trash shred them instead.
• use the SSN or student ID to post course
  grades.
• leave graded tests in a stack for students to
  sort through.
• circulate a printed class list with the student
  name and SSN or student ID.
• include confidential information in a
  recommendation letter without the written consent
  of the student.
• provide anyone with student schedules or lists
  of students enrolled in classes.

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Remember

• When in doubt, dont give it out!

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Additional sources of information

• Office of the Registrar
• http//www.jmu.edu/registrar
• JMU Policy 2112
• http//www.jmu.edu/JMUpolicy/2112.shtml
• Family Policy Compliance Office, Department of
  Education
• http//www.ed.gov/policy/gen/guid/fpco/index.html
• http//www.ed.gov/policy/gen/reg/ferpa/index.html