FERPA: An introduction to the Family Educational Rights and Privacy Act Presented by: Kristy Giacomelli Assistant Registrar

Family Educational Rights and Privacy Act of 1974 (FERPA) A Federal law designed to protect the privacy of educational records, to establish the rights of students to inspect and review their education records, and to provide guidelines for the correction of inaccurate and misleading data through informal and formal hearings.

Who is covered by FERPA? Any individual who is or has been in attendance at an institution, in person or by correspondence, regardless of their age or status in regard to parental dependency.

Primary Rights of Students Under FERPA To inspect and review their educational records. To seek to amend their educational records. To have some control over the release of information about their educational records.

What can I release? Directory information may be shared, unless a student has asked that it not be. We flag students in Joe’SS (the window shade) who do not want their information released to the public. If you encounter this flag, say, “I’m sorry, but I have no information to release on that individual.” Do NOT say anything that indicates that this person is a Missouri S&T student.

Missouri S&T’s Directory Information is (Same for all UM system) : Name Address (local and permanent) Telephone listing address Major field of study Dates of attendance Student Level Degrees and awards received Enrollment status (i.e. full/part time) The most recent education agency or institution attended. Participation in officially recognized sports

What can I not release? Social security number Student number Race/ethnicity/nationality Gender Student Class Schedule Grades Other “personally identifiable” information without written consent.

S&T’s policy regarding release of information In accordance with S&T’s FERPA policies, you may release directory information if the student has not asked that it be withheld.

Are there any exceptions to the prior consent requirement? Institutions may release information from student records without prior consent to:  School officials with legitimate educational interest (as defined by institution within FERPA guidelines)  To Federal, State, and local authorities involving an audit or evaluation of compliance with education programs

Exceptions to prior consent continued… In connection with financial aid To organizations conducting studies of or on behalf of educational institutions (provided the institutions research board has cleared the research.) To accrediting agencies To comply with a judicial order or subpoena In health or safety emergencies Directory information (as described before) To the student

Is everyone at an institution a “school official”? School officials are individuals employed by the institution A person serving on an institutional governing board A person employed by or under contract to the institution to perform a specific task such as an attorney or auditor Just because an individual is a school official does NOT mean that he or she has access to any student’s record at any time for any reason.

What is an “educational need to know”? Educational need to know, or legitimate educational interest, is when the official needs the information to: –Perform a task related to a student’s education –Perform a task related to the discipline of a student –Provide a service or benefit relating to the student or student’s family, such as health care counseling, job placement or financial aid –Perform appropriate tasks that are specified in his/her position description or by a contract agreement

What is the penalty of violating FERPA and how would anyone know? Students may file complaints with the U.S. Department of Education The Family Policy Compliance Office (FPCO) is authorized by the Secretary of Education to investigate, process, and review complaints and violations under FERPA If a complaint is found to be valid, the institution may lose Department of Education funds, for instance federal financial aid. Generally this is done only if compliance can not be secured with voluntary means.

Solomon Act and FERPA If requested by an arm of the military, the institution must provide student recruitment information, which is similar, but different than directory information. It includes: –Name –Address (determined to include address) –Telephone number –Class level –Academic major –Degrees received –Most recent institution in which student was enrolled.

FERPA bottom line for you Institutions may not disclose information about a student without a student’s written consent (with few exceptions.) You, as an faculty member, are often the one who is asked for information, so you need to know what to release, about whom, to whom and when. You need to know how to record requests for release of information

Permission Letter to Write a Letter of Recommendation

Strategies for dealing with upset individuals and FERPA Listen. Make sure that you have heard the entire story before you respond. Repeat. Show that you understand by repeating back to the person the question they asked or recounting/summarizing the story. Empathize. Acknowledge the feelings of the other person, for example, “I can see how this situation is upsetting you.” Tell them what you can and can not do and WHY. (Use knowledge of FERPA here.) Use the FERPA page in Joe’SS to know what information you can and cannot share. Obtain the student’s signature on the Non-directory information Release Form. Form is available on the web Try to speak directly to the student. Or get the students name and have a supervisor call him/her.

FERPA Restriction

FERPA Restriction Con’t

FERPA Release

Helpful FERPA Tips Obtain a signed release for the following: –If you share examples of a students work with faculty or other classes –If you have students share work online –If you plan to write a letter or recommendation to include non-directory information Set up student files in secretary office to distribute student work. When sending an to a group of students, use the BCC option.

FERPA Don’ts At anytime use the entire/portion of student ID or SSN in a public posting of grades. Leave graded tests/homework in a stack for students to pick up where they would have to sort through papers. Pass around a printed class list/roster with student names, SSN, Student ID, or grades Discuss the progress of a student with anyone other than the student (and this includes parents) without the written consent of the student. Provide anyone with a list of students enrolled in your classes for any commercial/advertising purpose Provide anyone with a students schedules or assist anyone other than the university employees in finding a student on campus grades to students CC student information in an .

In Conclusion: Thank you for your time and questions today.