“Right Track Wrong Train”by Cyndi LauperDon’t Get Derailed

Overview What is FERPA? What is Legitimate Educational

Interest? Why is it important for me? Case Studies Questions

What is FERPA? Family Educational Rights and

Privacy Act of 1974 as amended Also known as the Buckley

amendment

Legislation was enacted because Congress was concerned about the amassing of data that the subjects could not contest

Protections and Rights Under FERPA

Prohibits release of non-directory information to a third party without written consent

Student Rights Allows student to inspect education record Allows student to request an amendment to

education record to correct information Gives student the right to file a complaint

with the US Department of Education (Students do not have a right to an

expectation of anonymity in the classroom)

When Does the Clock Start and Stop Ticking???

When a student is admitted and registers – first day of the first term

Stops when a student leaves but you cannot disclose information from when they were a student – so alumni records are not protected by FERPA

What is Directory Information?

Information contained in an education record that would not generally be considered harmful if disclosed Name Address Email Major Enrollment Honors Photo if that is listed in your policy

What is NOT Directory Information?

Social Security Number or Student IDClass scheduleGradesTranscriptsFinancial Aid information

Legitimate Educational Interest

What is it?

Access to information to do your job

Limited only to those students over which you have DIRECT responsibility

What it is NOT

Do not have access to satisfy curiosity

Should not be accessing your own information, that of your spouse or children (or other family members)

What is an Educational Record?

An educational record - maintained by an educational agency or institution or by a party acting for the education agency or institution

So, it is not just us. New regulation requires a written agreement with the “authority acting on your behalf” and reasonable assurance that they follow FERPA

What Might It Include? Including but not limited to:

Grades Financial aid information Transcript information Bills/charges Advising notes

Examples of Educational Records in the Financial Aid Office

Eligibility Account Work Study Payroll* Applications ISIR PJ Documentation Loan Certification Entrance/Exit

Counseling

History used for Transfer Students

Cost of Attendance including Adjustments

SAP Verification

Documents

What is NOT an Education Record? Sole possession

notes Personal memory

joggers Cannot include

something that is protected as an educational record

Not accessible or revealed to any other person

Law enforcement records

Employment records

Physician records – treatment records

Counseling records

Re-disclosureThe big issue is disclosure (really re-disclosure) of Personally Identifiable Information (PII) – both direct or indirect (examples – SSN or rank in class)Remember – re-disclosure must be logged

Parent’s Are Confused (such a nice way to put it)

Elementary/Secondary A parent has the

right under FERPA to their child’s educational records and to provide written consent for release of PII until the child is 18

College/University

When a student enters a college or university at any age, they own the record and consent privileges become theirs

Always an ExceptionDependent Students

You can release information to parents, if your school allows – Must be tax return dependent – you do not have to

Outside Agencies

Agencies doing educational research

3rd party vendors - need to have an agreement

Some subpoena requests*

More ExceptionsOn Your Campus

Can share with those who have an educational need to know – be careful (Alumni Office)

Must share with the student (redact before you do) but you do not have to provide copies

Make sure scholarship awards are part of your directory information

Off Campus Share when a

student provides written consent

Alleged victim of a crime

Parent of a student under 21 – if drugs/alcohol laws are violated

More Legitimate Re-Disclosure

Off Campus U.S. Comptroller

General U.S. Attorney

General U.S. Department

of Education

Still More… Accrediting

Agencies State and Local

Officials In Cases of Health

or Safety Threats Patriot Act has 16

FERPA exceptions

Do You Ever Get a Visit From the FBI or the Military?A badge or rank does not necessarily give the requester access. Look carefully at paperwork from law enforcement before you disclose.Solomon Act does not apply to Financial Aid Records.

Do not share tax information in cases of divorce or separation

Freedom of Information Act Does Not Apply

Alumni Office does not get FAFSA information

Careful which on- campus offices have access to financial aid records (must agree not to re-disclose)

Risky Re-DisclosureNo Educational Need to Know

What Constitutes Consent From A Student?

It’s easier if you develop a consent form that is used by your institution for non-directory items

To be valid it must contain 5 elements What information is to be disclosed To whom it will be disclosed For what purpose will the information be used It must be signed It must be dated

(It is revocable)

Best Practices – Caution Here is That You Do not Give the Appearance of Violating FERPA Develop a way to

identify parents when student has signed a FERPA waiver – authentication questions can help

Develop a policy – and educate staff about the policy

Have staff sign privacy statements

Practice clear desk and screen

Get written consent before writing a recommendation

Not all verification forms contain a consent statement – be sure to check

It Never Ends and Can Be Overlapping – Other Regulations That Might Impact Disclosure If you get a request for information from the

“outside” you might fall under the your state’s open records act. Someone should be in charge on your campus.

If your school is considered a financial institution it must follow Gramm Leach Bliley (Does your institution make emergency loans?)

And then there are the Red Flag rules under the FTC and PCI compliance (folks believe we are the Business Office – so be aware of these rules)

If you have health records for a PJ or SAP you fall under HIPAA…

Don’t Even Get Me Started on Hipaa

If you process professional judgments based on excessive medical expense, you need to think about Hipaa, so here is a link http://www.hhs.gov/ocr/privacy/

Hipaa is enforced by the Office of Civil Rights

Why is FERPA Important to YOU? Did you sign a confidentiality form when

you were given access to your institutions student information system?

If you violate FERPA you could have your access to student records removed or you could lose your job.

Do you have any idea of the $ amount it might cost your institution in federal and state aid?

Case Studies To quote a former professor “ Talk amongst yourselves”

Better Yet Let’s Go with Cyndi“And as the train pulls away I can hear the conductor sayRight track wrong train Right track wrong train I'm not to blameRight track wrong train... Train”

Contact Information Elaine HenrieDirector Financial Aid & Scholarships& Registrar – ehenrie@emporia.edu