What you need to know about FERPA

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What you need to know about FERPA

• CTLE Brown Bag Seminar
• November 7, 2003
• Presented by Sandy Farmer, Registrar

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FERPA is ...

• The acronym for the Family Educational Rights
  Privacy Act
• Enforced by the Family Compliance Office of the
  Dept. of Education
• Applicable to any educational institution that
  receives funding from the Dept. of Education
• Designed to afford rights to students concerning
  their education records

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Rights afforded to students under FERPA

• To inspect and review their education records
• To request to amend their education records
• To limit disclosure of some personally
  identifiable information known as directory
  information

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Key terms

• Education record
• School official
• Legitimate educational interest
• Personally identifiable
• Directory information

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Education records are

• Directly related to the student
• Maintained by an educational institution

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Education records arenot

• Sole possession records
• Employment records unless contingent on
  attendance
• Law Enforcement records
• Medical/Health records
• Alumni records or those that only contain
  information about a student after he or she is no
  longer a student

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Key terms

• Education record
• School official
• Legitimate educational interest
• Personally identifiable
• Directory information

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Who is a school official?

• Those members of an institution who act in the
  students educational interest within the
  limitations of their need to know. These may
  include faculty, administration, clerical and
  professional employees and other persons,
  including student employees or agents, who manage
  student education record information.

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Key terms

• Education record
• School official
• Legitimate educational interest
• Personally identifiable
• Directory information

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What is a legitimate educational interest?

• The information or records requested is relevant
  and necessary to the accomplishment of some task
  or determination
• The task or determination is an employment
  responsibility for the inquirer or is a properly
  assigned subject matter for the inquirers
  employment responsibility

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Key terms

• Education record
• School official
• Legitimate educational interest
• Personally identifiable
• Directory information

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Personally identifiable information

• Students name
• Address
• Personal identifier such as a social security
  number or student number
• Personal characteristics or other information
  which would make the students identity easily
  traceable
• NOTE Can be released only under the following
  situations

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Release of personally identifiable information

• To school officials with a legitimate educational
  interest
• With student approval (written and signed)
• To comply with a judicial order or subpoena
• To parents of a dependent student
• To parents of student under 21 yrs. in violation
  of drug/alcohol policy (Warner Amendment)
• To military recruiters (under the Solomon
  Amendment)
• To other governmental offices such as INS, IRS,
  and VA

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Disposal of records

• Records containing personally identifiable
  information should be shredded or otherwise
  destroyed when no longer needed to prevent
  unauthorized release of information.

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Key terms

• Education record
• School official
• Legitimate educational interest
• Personally identifiable
• Directory information

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Directory information

• Information contained in an education record of a
  student that generally would not be considered
  harmful or an invasion of privacy if disclosed.
• NOTE may be released without a students
  permission (except if student requests
  non-disclosure)

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USI Directory information

• Student name
• Address
• Telephone number
• E-mail address
• Date and place of birth
• Marital status
• Majors and minors
• Degrees

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USI Directory information (continued)

• Awards received
• Dates of attendance
• Most recent educational institution attended
• Names of parents
• Participation in officially recognized activities
  or sports
• Weight and height of members of athletic teams
• Classification
• Enrollment status

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What is NOT directory information?

• Social security number
• GPA
• Grades
• Class schedule
• Earned hours
• Race
• Country of citizenship
• Gender
• Religion

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How will I know if directory information should
not be released?
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Faculty Frequently Asked Questions

• Q. Why cant I post grades by SSN?
• A. SSN is personally identifiable information
  which cannot be released without the students
  written and signed permission
• Q. May I include a students GPA in a letter of
  recommendation if the student has asked me to
  write the recommendation? What can I include in
  the recommendation? What cant I include?
• A. Only with a written and signed release by the
  student indicating what may be released, the
  purpose of the disclosure, and to whom the
  disclosure may be made.

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Faculty Frequently Asked Questions (continued)

• Q. Are exams and papers subject to FERPA?
• A. Yes, because both contain personally
  identifiable information and release of this
  information without the students written and
  signed consent violates FERPA.
• Q. What do I have to do to comply with FERPA in
  returning exams and papers?
• A. Ask an assistant or secretary to distribute
  to students with proper identification or place
  exam/paper in a sealed envelope with only the
  students name on it.

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LETS TAKE A QUIZ..
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Question 1

• A students degree can be confirmed to some
  external source without first obtaining the
  permission of the student as long as degree is
  identified by the institution as directory
  information.
• TRUE or FALSE

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The answer is

• TRUE
• USI considers degrees awarded as directory
  information consequently, this can be released
  without prior approval from the student.
• EXCEPTION Provided the student hasnt
  requested the non-disclosure of this directory
  information

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Question 2

• Parents may obtain confidential information from
  their students academic record.
• TRUE or FALSE

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The answer is .

• FALSE
• Parents do not have rights to the confidential
  information of the student.
• EXCEPTION if the student has given written and
  signed permission to release information or if
  the parent can prove the student is a dependent
  (via tax returns).

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Question 3

• Former students of USI have the right to request
  that their education records not be disclosed,
  and USI must comply.
• TRUE or FALSE

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The answer is

• FALSE
• Although former students are afforded the same
  rights to request non-disclosure as currently
  enrolled students, USI is not required to honor
  the request.

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Question 4

• A students grades and GPA can be released via
  telephone.
• TRUE or FALSE

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The answer is

• FALSE
• Grades and GPA are not directory information and
  should not be released (even to the student) via
  telephone.
• Solution the student should access Campus
  Pipeline or visit the Registrars Office with
  photo ID

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Question 5

• A parent or spouse may be given a students class
  schedule in case of emergency
• TRUE or FALSE

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The answer is

• FALSE
• Class schedules are not directory information and
  should not be released to anyone other than the
  student.
• Solution The Registrars Office can send a note
  to the student during a class.

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When in doubt

• Contact the Registrars Office and we will gladly
  answer your questions.

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