FERPA The Family Educational Rights and Privacy Act (The Buckley Amendment)

FERPAFERPA

The Family Educational Rights and The Family Educational Rights and Privacy ActPrivacy Act

(The Buckley Amendment)(The Buckley Amendment)

FERPA Case Study FERPA Case Study

The parents of one of your students call you The parents of one of your students call you at the office. They are upset that their at the office. They are upset that their daughter has not told them what grades she daughter has not told them what grades she received last semester, her first on campus. received last semester, her first on campus. They suspect she did not do well, and that They suspect she did not do well, and that she may be in danger of losing a merit she may be in danger of losing a merit scholarship that helps pay tuition. They scholarship that helps pay tuition. They provide the rest of the financial support for provide the rest of the financial support for their daughter, even claiming her as a their daughter, even claiming her as a dependent on their federal taxes – so they dependent on their federal taxes – so they feel they have a feel they have a rightright to know what the to know what the grades were.grades were.

QUESTIONS:QUESTIONS:

Do you inform them of their daughter’s Do you inform them of their daughter’s grades?grades?

What is your rationale for that decision?What is your rationale for that decision?

If you do not grant their request, what If you do not grant their request, what

options do you discuss with the parents?options do you discuss with the parents?

What is FERPA?What is FERPA?

A federal law.A federal law.Provides minimum standards for the Provides minimum standards for the

management of student educational management of student educational records.records.

Applies to all educational agencies or Applies to all educational agencies or institutions that receive federal funds institutions that receive federal funds made available under any federal made available under any federal program administered by the program administered by the Secretary of Education. Secretary of Education.

Primary Rights of StudentsPrimary Rights of Students

Right to inspect and review Right to inspect and review educational records.educational records.

Right to seek to amend Right to seek to amend educational records.educational records.

Right to have some control over Right to have some control over the disclosure of information from the disclosure of information from educational records.educational records.

The student does The student does notnot have the have the right to see:right to see:

Financial information submitted by Financial information submitted by the parent.the parent.

Educational information of other Educational information of other students such as grades or test students such as grades or test scoresscores

What are educational What are educational records?records?

All records which contain information All records which contain information directly related to a student and are directly related to a student and are maintained by the institution as a part maintained by the institution as a part of the student’s permanent school of the student’s permanent school record.record.

Two types of educational Two types of educational recordsrecords

Directory InformationDirectory Information

Non-Directory InformationNon-Directory Information

Directory InformationDirectory Information

Directory information may be Directory information may be disclosed without the written consent disclosed without the written consent of the student.of the student.

The student may restrict the release The student may restrict the release of directory information.of directory information.

STUDENT PRIVACY NOTICE

As a student you have certain rights provided by the federal Family Educational Rights and Privacy Act (FERPA). According to FERPA, educational entities have the right to disclose certain “directory information.” This “directory information includes name; date of birth; current and permanent address; telephone listing; major and minor; current class schedule; number of hours enrolled in current semester; classification; participation in officially recognized activities and sports; weight and height of members of athletic teams; dates of attendance; degrees and awards received; most recent Educational Agency or Institution attended. This information can be provided to anyone who inquires and usually includes but is not limited to other institutions, prospective employers, or family members. FERPA also allows, with your consent, for the Texas Higher Education Coordinating Board (the State of Texas educational governing entity) to disclose student information, including the number of credit hours taken at other institutions, to a variety of parties including other educational institutions. This information is typically used to gather demographic statistics aimed at improving educational programs. YOU as a student have the right to request this information not be released. Please indicate your request that South Plains College not release your directory information by checking the following: ______I do not want my “directory information” as described in the above paragraph to be released to any parties. _____________________________________ __________________________________(Signature) (Social Security Number) IMPORTANT NOTE: If you request that your directory information be private, no information will be released to a third party. This means that your information will be blocked from ALL requestors, including: Third party scholarship sponsors National & state student honors programs Employers certifying attendance and degrees Published honor rolls Recruiting lists for other colleges/universities State tuition rebates, Texas Grant awards, and other state scholarships

What does SPC identify as Directory What does SPC identify as Directory Information?Information?

– Name Name – Date of Birth Date of Birth – Current and Permanent Address Current and Permanent Address – E-mail addressE-mail address– Telephone Listing Telephone Listing – Major and Minor Major and Minor – Enrollment Status (full-time or part-time) Enrollment Status (full-time or part-time) – ClassificationClassification

Directory Information, Directory Information, continuedcontinued

– Participation in Officially Recognized Participation in Officially Recognized Activities and Sports Activities and Sports

– Major and Minor Field of StudyMajor and Minor Field of Study– Dates of Attendance Dates of Attendance (such as fall 2006 – not specific (such as fall 2006 – not specific

attendance records)attendance records) – Degrees and Awards Received Degrees and Awards Received – Most Recent Educational Agencies or Most Recent Educational Agencies or

Institutions AttendedInstitutions Attended– Photo or other ImagePhoto or other Image

Non-Directory InformationNon-Directory Information

May not be released to anyone without May not be released to anyone without prior written consent of the student.prior written consent of the student.

Faculty and staff can access non-Faculty and staff can access non-directory information only if they have directory information only if they have a a legitimate academic needlegitimate academic need to do so. to do so.

Examples of Non-Directory Examples of Non-Directory InformationInformation

Social Security NumbersSocial Security NumbersStudent Identification NumbersStudent Identification NumbersRace, ethnicity and/or nationalityRace, ethnicity and/or nationalityGenderGenderTranscripts; grade reportsTranscripts; grade reports

Parents and FERPAParents and FERPA

Parental rights transfer to the student Parental rights transfer to the student upon reaching 18 years of age upon reaching 18 years of age oror attending school beyond secondary attending school beyond secondary level.level.

The law allows parental access if the The law allows parental access if the student is claimed as a dependent for student is claimed as a dependent for Federal income tax purposes.Federal income tax purposes.

The parent must complete a The parent must complete a Certificate of Dependency form in Certificate of Dependency form in Admissions and Records Office before Admissions and Records Office before access to records is permitted.access to records is permitted.

Inspection and Review of Education Inspection and Review of Education RecordsRecords

§ 99.10 § 99.10 What rights exist for a student or What rights exist for a student or eligible parent to inspect and review eligible parent to inspect and review education records?education records?

School must comply with request within 45 School must comply with request within 45

days.days.

Generally required to give copies only if failure Generally required to give copies only if failure

to do so would effectively deny access – to do so would effectively deny access –

example would be a student or former student example would be a student or former student

who does not live within commuting distance.who does not live within commuting distance.

School may School may notnot destroy records if request for destroy records if request for

access is pending.access is pending.

Inspection and ReviewInspection and Review

FERPA does not permit an institution to FERPA does not permit an institution to defer complying with a request to defer complying with a request to inspect and review education records inspect and review education records while the school is not in session or when while the school is not in session or when teachers or other school officials who teachers or other school officials who maintain the records are on vacation. maintain the records are on vacation.

Example: A parent filed a complaint Example: A parent filed a complaint against a school district for violating § against a school district for violating § 99.10. The parent made the request in 99.10. The parent made the request in June and the district notified the parent June and the district notified the parent that records from teachers or service that records from teachers or service providers who were gone for summer providers who were gone for summer break would not be made available until break would not be made available until after school began in September.after school began in September.

Inspection and ReviewInspection and Review

The 45-day response time is not limited to The 45-day response time is not limited to administrative or “official” records administrative or “official” records maintained in a central school or district maintained in a central school or district office. Congress provided up to 45 days to office. Congress provided up to 45 days to comply with a request, which allows time for comply with a request, which allows time for the agency or institution to locate and the agency or institution to locate and retrieve education records maintained retrieve education records maintained outside or away from a student’s “official” or outside or away from a student’s “official” or “cumulative files.”“cumulative files.”

Failure to Comply with Failure to Comply with FERPAFERPA

LawsuitLawsuitLoss of Federal fundingLoss of Federal fundingConviction of misdemeanor under Conviction of misdemeanor under

Public Information ActPublic Information Act

Remember:Remember:

When in doubt, don’t give it out!When in doubt, don’t give it out!

FERPA QuizFERPA Quiz

TRUE / FALSETRUE / FALSE

1. FERPA regulations do not apply 1. FERPA regulations do not apply to most dual credit students, as to most dual credit students, as they are under the age of 18.they are under the age of 18.


• Parental rights transfer to the student upon Parental rights transfer to the student upon attending a school beyond secondary level.attending a school beyond secondary level.

• In a situation where a student is enrolled in In a situation where a student is enrolled in both a high school and a postsecondary both a high school and a postsecondary institution, the two schools may exchange institution, the two schools may exchange information on that student. If the student is information on that student. If the student is under 18, the parents still retain the rights under 18, the parents still retain the rights under FERPA at the high school and may under FERPA at the high school and may inspect and review any records sent by the inspect and review any records sent by the postsecondary institution to the high postsecondary institution to the high schoolschool ..



2. An institution may release 2. An institution may release course and billing information to course and billing information to the parent if the parent pays the the parent if the parent pays the student’s tuition.student’s tuition.


• One of the parent’s must claim One of the parent’s must claim the student on income tax & have the student on income tax & have a signed form in the Admissions a signed form in the Admissions and Records Office.and Records Office.



3. In cases of divorce, educational 3. In cases of divorce, educational records may only be disclosed to records may only be disclosed to the parent who claims the the parent who claims the student as a dependent for student as a dependent for income tax purposes.income tax purposes.


• Neither the age of the student nor Neither the age of the student nor the parent's status as a custodial the parent's status as a custodial parent is relevant. If a student is parent is relevant. If a student is claimed as a dependent by either claimed as a dependent by either parent for tax purposes, then parent for tax purposes, then both parents have access under both parents have access under this provisionthis provision



4. An institution can provide 4. An institution can provide confidential academic information confidential academic information to the spouse of a student without to the spouse of a student without the student’s prior written the student’s prior written consent if they file federal income consent if they file federal income taxes jointly.taxes jointly.


• FalseFalse



5. An institution must provide 5. An institution must provide copies to a student of his or her copies to a student of his or her academic records if requested in academic records if requested in writing to do so.writing to do so.


• The Institution is generally required The Institution is generally required

to give copies only if failure to do so to give copies only if failure to do so

would effectively deny access – an would effectively deny access – an

example would be a student or former example would be a student or former

student who does not live within student who does not live within

commuting distance.commuting distance.

• Schools may not destroy records if a Schools may not destroy records if a

request for access is pending.request for access is pending.



_____6. An institution that _____6. An institution that designates certain types of designates certain types of information as “directory information as “directory information” must offer a student information” must offer a student the opportunity to decline to have the opportunity to decline to have the information about the student the information about the student so designated.so designated.


• True – The student will need to True – The student will need to complete a form in the complete a form in the Admissions and Records office to Admissions and Records office to restrict access.restrict access.

QUESTIONS:QUESTIONS:

• Do you inform them of their daughter’s Do you inform them of their daughter’s

grades?grades?

• What is your rationale for that decision?What is your rationale for that decision?

• If you do not grant their request, what If you do not grant their request, what

options do you discuss with the parents?options do you discuss with the parents?

Documents

FERPA The Family Educational Rights and Privacy Act (The Buckley Amendment)