GRAND VALLEY STATE UNIVERSITY FAMILY EDUCATIONAL RIGHTS

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GRAND VALLEY STATE UNIVERSITYFAMILY EDUCATIONAL
RIGHTS PRIVACYACT (FERPA) TRAINING

• OFFICES OF THE REGISTRAR AND UNIVERSITY COUNSEL
• JANUARY 20, 2009

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What is FERPA?

• FERPA stands for Family Educational Rights and
  Privacy Act (also known as the Buckley
  Amendment). Passed by Congress in 1974, the Act
  grants four specific rights to the postsecondary
  student
• To see the information that the institution keeps
  on the student
• To seek amendment to those records and in certain
  cases append a statement to the record
• To consent to disclosure of his/her records
• To file a complaint with the FERPA Office in
  Washington, D.C.

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Brief History of FERPA

• Introduced to Congress by Senator James Buckley
  of New York. Co-sponsored by Senator Claiborne
  Pell.
• Enacted in 1974 as a response to blatant
  disregard for student privacy.
• Now the predominant legal consideration in
  dealing with student records.

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Life before FERPA

• Post cards were used to notify students of their
  final grades or to notify students of academic
  probation or dismissal
• Results of tests handed out by students or were
  announced by professor
• Everybody had access to review a students record
• Parents could see the files of their
  son/daughters did the Registrar ask to see an
  ID before giving information?

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How FERPA has changed our lives

• Subpoena only to access non-university officials
• Restricted access to files
• Students can review their files nothing is
  sacred if placed into their file
• File includes paper or electronic
• How long do you keep the files
• Universities must place confidentiality warning
  onto to a students record ensuring any
  information about the student is disclosed or
  released

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Immediate impact of FERPA

• K-12 institutions had to decide whether to
  destroy the old permanent records or make them
  available to students and their parents.
• Institutions of higher education had to take
  immediate steps to safeguard the privacy of their
  student records.

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Why should I care about FERPA ?

• As a faculty or staff member, you have a legal
  responsibility under FERPA to protect the
  confidentiality of student education records in
  your possession.

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How does FERPA affect release of student
information?

• Student education records (other than directory
  information) are considered confidential and may
  not be released without the written consent of
  the student unless such action is covered under
  exceptions permitted by the act.

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What is Directory Information?

• Directory information is considered public by the
  university and can be released without the
  students permission. However, any student may
  ask to keep any or all directory information
  confidential by filing a written request with the
  Registrars Office.
• Students are notified via post card each year
  about FERPA and other key information

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Examples of directory information

• Institutions may define what they consider
  directory information and they may choose not to
  define any information as directory information.
• GVSU defines directory information to include
  students name, local phone number, and e-mail
  address.
• This information is available on the people
  finder.
• Students at GVSU may request that their directory
  information be kept confidential.

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What is an Education Record?

• An education record is any record that is
  directly related to a student and that is kept by
  the University or someone acting on behalf of the
  University. The medium in which the information
  is stored does not matter.

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Examples of Education Records

• Personal information e.g. name, address, Social
  Security Number, University ID number, gender,
  race, citizenship, student photo etc.
• Enrollment records including class schedules
• Academic records such as exams, course papers,
  grades, GPA, transcripts etc
• Disciplinary records
• Financial records such as financial aid awards
  and accounts receivable
• Employment records of students who are employed
  as a result of their student status.

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Examples of non Education Records

• Personal notes kept in the possession of the
  maker
• Campus law enforcement unit records
• Employee records other than records of those who
  are employed as a result of their student status
• Doctor-patient privilege records Alumni records

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What student information is confidential?

• All information not defined by GVSU as directory
  or public information is confidential and may not
  be released without the prior written the consent
  of the student.

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Can student educational records ever be released
without student consent?

• FERPA allows disclosure of student education
  records without student consent in certain cases
  including but not limited to the following
• Other GVSU employees who have a legitimate
  educational interest. First ask, do I need access
  to this students record in order to do my job?
• Parents of dependent students as defined by the
  IRS.
• Appropriate persons necessary in an emergency to
  protect a persons health or safety
• Federal, state and local governmental officials
  for purposes authorized by law
• Individuals who have lawfully obtained court
  orders or subpoenas. (check with U. Counsels
  office when you receive a subpoena or search
  warrant before giving out information)

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Parents have rights???

• FERPA permits parental access to a students
  education records if the student signs a written
  consent, or if the parent provides documentation
  showing that the student is recognized as a
  dependent for Federal income tax purposes.

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FERPA Rules to live byDO NOT

• Access the records of any student for personal
  reasons
• Discuss the progress of any student with anyone
  other than the student (including parents)
  without the students consent.
• Use the Social Security or University ID numbers
  of a student in a public posting of grades or any
  other information.

• Provide anyone with student schedules or lists of
  students enrolled in your classes for any
  purpose.
• Include confidential information in a
  recommendation letter without the written consent
  of the student.
• Leave graded tests or papers in a stack for
  students to pick up by sorting through them.

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FERPA rules to live by DO

• Protect student records. Securely store
  confidential information and do not leave
  confidential information displayed or accessibly
  on an unattended computer.
• Shred or properly dispose of all student records
  that no longer need to be retained. (see record
  retention policy)
• Contact the Office of the Registrar if you have
  any questions about the release of student
  records.

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I want to learn more

• http//www.ogc.umich.edu/faq_student.html
  University of Michigan
• http//counsel.cua.edu/ferpa/ The Catholic
  University of America's Office General Counsel
  office
• http//www.ed.gov/policy/gen/guid/fpco/ferpa/index
  .html
• US dept of Education
• http//www.ed.gov/legislation/FedRegister/finrule/
  2008-4/120908a.pdf
• a direct link to the Federal Register pdf
  with the final FERPA regulations
• www.gvsu.edu/uco GVSU University Counsel Office