FERPA: FERPA: WHAT YOU SHOULD KNOWWHAT YOU SHOULD KNOW

ILASFAAILASFAAApril 18, 2008 April 18, 2008

Amy PerrinAmy PerrinDirector of Financial AidDirector of Financial AidElgin Community CollegeElgin Community College

FERPAFERPA

The Family Education Rights and Privacy The Family Education Rights and Privacy Act (FERPA) of 1974.Act (FERPA) of 1974.

Also known as the Buckley AmendmentAlso known as the Buckley Amendment

Statute: 20 U.S.C. Statute: 20 U.S.C. § 1232 (g)§ 1232 (g)

Regulation: 34 CFR Part 99Regulation: 34 CFR Part 99

Who is ProtectedWho is Protected

““Student” means any individual who is or has Student” means any individual who is or has been in attendance at an institution.been in attendance at an institution.

Does not apply to records of applicants who Does not apply to records of applicants who are denied admission or who do not attend.are denied admission or who do not attend.

Primary Rights of Students under Primary Rights of Students under FERPAFERPA

Right to inspect and review education records.Right to inspect and review education records. Right to seek to amend education records.Right to seek to amend education records. Right to have some control over the disclosure Right to have some control over the disclosure

of information from education records.of information from education records. Right to file a complaint with the U.S. Right to file a complaint with the U.S.

Department of Education.Department of Education.

FERPA’S ApplicationFERPA’S Application

FERPA applies to each educational agency and FERPA applies to each educational agency and institution that receives funds under any program institution that receives funds under any program administered by the Secretary of Education. administered by the Secretary of Education.

““Educational institutions” means: schools or other Educational institutions” means: schools or other entities that provide educational services and are entities that provide educational services and are attended by students.attended by students.

““Educational agencies” means: entities that are Educational agencies” means: entities that are authorized to direct and control public elementary, authorized to direct and control public elementary, secondary, or postsecondary institutions.secondary, or postsecondary institutions.

What are Educational RecordsWhat are Educational Records

Those records directly related to a Those records directly related to a student ANDstudent AND

Maintained by an educational agency Maintained by an educational agency or institution or by a party acting for or institution or by a party acting for the agency or institutionthe agency or institution

Educational Records can be stored in Educational Records can be stored in any medium (fax, print, email video, any medium (fax, print, email video, etc)etc)

Education Records Do Not Include:Education Records Do Not Include:

Sole possession records.Sole possession records. Records created and maintained by a Records created and maintained by a

law enforcement unit for a law law enforcement unit for a law enforcement purpose.enforcement purpose.

Employment records (except for Employment records (except for student who are employed as a student who are employed as a result of their status as a student).result of their status as a student).

Medical recordsMedical records Alumni RecordsAlumni Records

What are the Basic Rules?What are the Basic Rules?

Student educational records are considered Student educational records are considered confidential and may not be released confidential and may not be released without the written consent of the student.without the written consent of the student.

Some information is considered public Some information is considered public (Directory Information) and may be released (Directory Information) and may be released without written consent. Directory without written consent. Directory information is established by the college.information is established by the college.

You have access to information only for You have access to information only for legitimate use in completion of your legitimate use in completion of your responsibilities as a college employee.responsibilities as a college employee.

Directory Information: No consent Directory Information: No consent requiredrequired

Information not generally considered Information not generally considered harmful or an invasion of privacy if harmful or an invasion of privacy if disclosed.disclosed.

Includes, but is not limited to:Includes, but is not limited to:Name, address, telephone listing, electronic mail addressName, address, telephone listing, electronic mail addressDate and place of birth, photographsDate and place of birth, photographsParticipation in officially recognized activities and sportsParticipation in officially recognized activities and sportsField of StudyField of StudyWeight and height of athletesWeight and height of athletesEnrollment StatusEnrollment StatusDegrees and awards receivedDegrees and awards receivedDates of AttendanceDates of AttendanceMost Recent Previous school attended.Most Recent Previous school attended.Grade LevelGrade Level

ECC Definition of Directory ECC Definition of Directory Information:Information:

Student NameStudent Name AddressAddress Dates of AttendanceDates of Attendance MajorMajor Degree/certificates earnedDegree/certificates earned Awards and honors earnedAwards and honors earned Height and weight of athletesHeight and weight of athletes Enrollment statusEnrollment status

Can Directory Information be Can Directory Information be Released to Anyone Who Requests Released to Anyone Who Requests

It?It?

NO: if the student has requested NO: if the student has requested that directory information be that directory information be withheld.withheld.

YES: if the student has not requested YES: if the student has not requested that directory information be that directory information be withheld.withheld.

Avoid Violations by Never:Avoid Violations by Never: Using SSN in public Using SSN in public Using the entire SSN of a student in a public Using the entire SSN of a student in a public

posting for grades or list name in alpha orderposting for grades or list name in alpha order Linking the name of a student with a SSN in publicLinking the name of a student with a SSN in public Leaving graded exams in a stack for students to Leaving graded exams in a stack for students to

pick up by sorting through others paperspick up by sorting through others papers Circulating a printed class list with student name Circulating a printed class list with student name

and SSN/grades as an attendance rosterand SSN/grades as an attendance roster Discussing the progress of any student with anyone Discussing the progress of any student with anyone

other than the student without written consentother than the student without written consent Accessing student information you do not have a Accessing student information you do not have a

legitimate interest in knowing for your joblegitimate interest in knowing for your job

Avoid Violations Continued…Avoid Violations Continued… Providing student schedules to third party Providing student schedules to third party

or helping find a student on campusor helping find a student on campus Leaving student information visible on Leaving student information visible on

desks and computersdesks and computers Leaving student information unlockedLeaving student information unlocked Leaving protected information on a Leaving protected information on a

student’s voicemailstudent’s voicemail Leaving student information in trash Leaving student information in trash

(shred it)(shred it) Assuming the person you are Assuming the person you are

speaking/emailing is the student. Verify or speaking/emailing is the student. Verify or don’t give information out.don’t give information out.

When is Prior Consent NOT Required When is Prior Consent NOT Required (The Exceptions)(The Exceptions)

To school officials with legitimate education interestsTo school officials with legitimate education interests To schools in which a student seeks or intends to enrollTo schools in which a student seeks or intends to enroll To Federal, State, and local authorities conducting an audit, To Federal, State, and local authorities conducting an audit,

evaluation , or enforcement of education programsevaluation , or enforcement of education programs In connection with financial aidIn connection with financial aid To organizations conducting studies on behalf of To organizations conducting studies on behalf of

educational institutionseducational institutions To accrediting organizationsTo accrediting organizations To parents of a dependent studentTo parents of a dependent student To comply with a judicial order or subpoenaTo comply with a judicial order or subpoena In a health or safety emergencyIn a health or safety emergency

Without Prior Consent ContinuedWithout Prior Consent Continued

Directory informationDirectory information To the studentTo the student Results of disciplinary hearing to an alleged victim of Results of disciplinary hearing to an alleged victim of

a crime of violencea crime of violence Final results of a disciplinary hearing concerning a Final results of a disciplinary hearing concerning a

student who is an alleged perpetrator of a crime of student who is an alleged perpetrator of a crime of violence and who is found to have committed a violence and who is found to have committed a violation of the institution’s rules or policiesviolation of the institution’s rules or policies

To parent of student under 21 if the institution To parent of student under 21 if the institution determines that the student has committed a violation determines that the student has committed a violation of its drug or alcohol rules or policiesof its drug or alcohol rules or policies

When In Doubt…When In Doubt…

Don’t give information out.Don’t give information out. Refer students to the RegistrarRefer students to the Registrar

Any Questions?Any Questions?