FERPA: WHAT YOU SHOULD KNOW

1
FERPA WHAT YOU SHOULD KNOW

• ILASFAA
• April 18, 2008
• Amy Perrin
• Director of Financial Aid
• Elgin Community College

2
FERPA

• The Family Education Rights and Privacy Act
  (FERPA) of 1974.
• Also known as the Buckley Amendment
• Statute 20 U.S.C. 1232 (g)
• Regulation 34 CFR Part 99

3
Who is Protected

• Student means any individual who is or has been
  in attendance at an institution.
• Does not apply to records of applicants who are
  denied admission or who do not attend.

4
Primary Rights of Students under FERPA

• Right to inspect and review education records.
• Right to seek to amend education records.
• Right to have some control over the disclosure of
  information from education records.
• Right to file a complaint with the U.S.
  Department of Education.

5
FERPAS Application

• FERPA applies to each educational agency and
  institution that receives funds under any program
  administered by the Secretary of Education.
• Educational institutions means schools or
  other entities that provide educational services
  and are attended by students.
• Educational agencies means entities that are
  authorized to direct and control public
  elementary, secondary, or postsecondary
  institutions.

6
What are Educational Records

• Those records directly related to a student AND
• Maintained by an educational agency or
  institution or by a party acting for the agency
  or institution
• Educational Records can be stored in any medium
  (fax, print, email video, etc)

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Education Records Do Not Include

• Sole possession records.
• Records created and maintained by a law
  enforcement unit for a law enforcement purpose.
• Employment records (except for student who are
  employed as a result of their status as a
  student).
• Medical records
• Alumni Records

8
What are the Basic Rules?

• Student educational records are considered
  confidential and may not be released without the
  written consent of the student.
• Some information is considered public (Directory
  Information) and may be released without written
  consent. Directory information is established by
  the college.
• You have access to information only for
  legitimate use in completion of your
  responsibilities as a college employee.

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Directory Information No consent required

• Information not generally considered harmful or
  an invasion of privacy if disclosed.
• Includes, but is not limited to
• Name, address, telephone listing, electronic
  mail address
• Date and place of birth, photographs
• Participation in officially recognized
  activities and sports
• Field of Study
• Weight and height of athletes
• Enrollment Status
• Degrees and awards received
• Dates of Attendance
• Most Recent Previous school attended.
• Grade Level

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ECC Definition of Directory Information

• Student Name
• Address
• Dates of Attendance
• Major
• Degree/certificates earned
• Awards and honors earned
• Height and weight of athletes
• Enrollment status

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Can Directory Information be Released to Anyone
Who Requests It?

• NO if the student has requested that directory
  information be withheld.
• YES if the student has not requested that
  directory information be withheld.

12
Avoid Violations by Never

• Using SSN in public
• Using the entire SSN of a student in a public
  posting for grades or list name in alpha order
• Linking the name of a student with a SSN in
  public
• Leaving graded exams in a stack for students to
  pick up by sorting through others papers
• Circulating a printed class list with student
  name and SSN/grades as an attendance roster
• Discussing the progress of any student with
  anyone other than the student without written
  consent
• Accessing student information you do not have a
  legitimate interest in knowing for your job

13
Avoid Violations Continued

• Providing student schedules to third party or
  helping find a student on campus
• Leaving student information visible on desks and
  computers
• Leaving student information unlocked
• Leaving protected information on a students
  voicemail
• Leaving student information in trash (shred it)
• Assuming the person you are speaking/emailing is
  the student. Verify or dont give information
  out.

14
When is Prior Consent NOT Required (The
Exceptions)

• To school officials with legitimate education
  interests
• To schools in which a student seeks or intends to
  enroll
• To Federal, State, and local authorities
  conducting an audit, evaluation , or enforcement
  of education programs
• In connection with financial aid
• To organizations conducting studies on behalf of
  educational institutions
• To accrediting organizations
• To parents of a dependent student
• To comply with a judicial order or subpoena
• In a health or safety emergency

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Without Prior Consent Continued

• Directory information
• To the student
• Results of disciplinary hearing to an alleged
  victim of a crime of violence
• Final results of a disciplinary hearing
  concerning a student who is an alleged
  perpetrator of a crime of violence and who is
  found to have committed a violation of the
  institutions rules or policies
• To parent of student under 21 if the institution
  determines that the student has committed a
  violation of its drug or alcohol rules or policies

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When In Doubt

• Dont give information out.
• Refer students to the Registrar
• Any Questions?