FERPA Introduction

FERPA Introduction

an Introduction

FERPAto

Marshall University Graduate College April 12, 20231

FERPA Introduction


What is FERPA?

Family Educational Rights and Privacy Act, 1974

A federal law that governs the confidentiality of student records.

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FERPA Introduction


Exactly what are student records?

FERPA Introduction


• Personal identifiers (birth date, address, phone number, student identification number, etc.).

A student record is…

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Any information, either written or electronic, about a student enrolled or previously enrolled at Marshall University.

This includes:

This information may be contained in a document in the Registrar's Office, a computer printout in your office, a class list

on your desktop, a computer display screen or notes taken during an advising session.

• Enrollment records and other electronic information, grades, personal notes that have been shared with others in your department.

•Employment records for college employees, law enforcement or campus security records.

FERPA Introduction


Under FERPA you cannot…

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• Provide lists of students enrolled in your courses for any commercial purposes.

• Provide student schedules to anyone or assist anyone other than authorized Marshall University employees in locating a student on campus.

• Provide student grades over the phone or via email.

• Provide information to any person, including parents and spouses, without the written consent of the student.

FERPA Introduction


What information CAN you provide under FERPA?

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FERPA Introduction


Release directory information to the general public.

Under FERPA you CAN…

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FERPA Introduction


If the student has NOT restricted access to directory information, you can release:

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NOTE: If a student HAS blocked release of directory information, you cannot release any information about that student.

FERPA Introduction


Ready for a FERPA quiz?

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FERPA Introduction


Instructors can leave exams, papers, assignments, etc. outside their office for students to pick up.

Question 1

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Personally identifiable materials should not be left in a public place.

General rule:

FalseIt is a FERPA violation to allow any student access to another student’s personal information.

FERPA Introduction


You can provide information to a parent who calls asking about their son's/daughter's progress in your course (or any other course).

Question 2

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Assume that the student is an adult who is entitled to privacy, even from parents. Students have the right to consent to the release of their confidential information.

General rule:

FalseFERPA recognizes college students as adults, regardless of age. Therefore, you cannot give a parent grades or any other non-directory information.

FERPA Introduction


You get a frantic phone call from someone who says that he is a student's father and must get in touch with his son because of a family emergency. You say you cannot provide him with any information.

Question 3

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In an emergency situation, direct the caller to the Office of Public Safety:304-696-HELP

General rule:

TrueFor the safety of the student you cannot tell another person where a student is.

FERPA Introduction


A person comes to your office with a signed letter giving consent to release a student’s transcript . You should give the transcript to this person.

Question 4

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Students can access their unofficial records online and can obtain official transcripts from the Registrar.

Do not ever give any student records to a third party.

General rule:

FalseAll transcripts and record information are released through the Office of the Registrar.

FERPA Introduction


An unauthorized person retrieves information from a computer screen that was left unattended. Under FERPA, the institution and the person whose computer was left unattended are responsible.

Question 5

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No information should be left accessible or unattended, including computer displays. It is best to log off if you leave your work area for more than a few minutes. Also a password-protected screen saver with a 5-minute or less activation time is a good idea.

General rule:

TrueInformation on a computer screen should be treated the same as printed material.

FERPA Introduction


The local police call to say that they are trying to determine whether a particular student attended your class on a specific day. Since they are in the middle of an investigation, you should give them this information.

Question 6

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Information about whether or not a student was enrolled in a particular semester should be obtained through the Registrar's Office. A subpoena may be required for additional information. Subpoenas for student education records should be directed to the Registrar's Office.

General rule:

FalseYou should direct the police to the Office of the Registrar.

FERPA Introduction


You receive a call from a recruiting firm asking for names and addresses of students with a GPA of 3.00 or better. They say they have good job information for these students. You should help these students by giving out this information.

Question 7

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Do not give out student grade point averages to anyone without the prior written consent of the student(s). In this case you would forward the request to the Registrar's Office. ALL outside requests for any student information must be referred to the Registrar's Office. You could also direct the recruiting firm to Career Services.

General rule:

FalseAlthough we all want to help students to get good jobs, this caller should be directed to the Registrar's Office to determine what information is appropriate to provide.

FERPA Introduction


When you take attendance in your class, you should NOT pass around a sign up sheet for students to write down their names and ID numbers.

Question 8

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You should never link the name of a student with that student's ID number in any public way or circulate a printed class list with student names and ID numbers or grades.

General rule:

TrueThere is no easy way to take attendance, but passing around a signup sheet is a FERPA violation.

FERPA Introduction


A person who identifies himself as a private investigator comes to your office. He has a legal- looking document that is signed by your student. The document authorizes you to give him information about your student who is being considered for a job. You can provide the information.

Question 9

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Always refer the person asking about a student to the Office of the Registrar.

General rule:

FalseEven though the private investigator says the form is signed by the student, you should not give the person any information about the student. You should not even acknowledge that you know the student.

FERPA Introduction


An instructor contacts a faculty advisor about a student who is falling behind and in danger of failing. This contact leads to a discussion of the student’s past performance and how best to advise the student. This discussion is appropriate.

Question 10

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It would not be acceptable to look for information about a student to satisfy curiosity or for purposes that are unrelated to the institution’s educational mission.

General rule:

TrueIn general, if there is a “need to know,” or if the discussion relates to a legitimate university issue, the discussion is appropriate.

FERPA Introduction


Last question:Is there any situation in which FERPA does not apply?

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FERPA Introduction


For campus safety:

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If an educational agency or institution determines that there is an articulable and significant threat to the health or safety of a student or other individual, it may disclose the information to any person, including parents, whose knowledge of the information is necessary to protect the health or safety of the student or other individuals.

(Amendment, December 2008).

FERPA Introduction


FERPA basics to remember…

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FERPA Introduction


Student educational records are confidential and may not be released without the written consent of the student. As an employee of the college, you have a responsibility to protect the records in your possession.

FERPA review…

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Your access to student information is only for legitimate use in your capacity as a Marshall University instructor.

Never discuss a student’s academic performance in any public way.

FERPA Introduction


For the official Marshall University statement on FERPA see:

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http://www.marshall.edu/wpmu/disclosures/ferpa