1 FERPA TUTORIAL JEFFERSON COMMUNITY & TECHNICAL COLLEGE Published by the Registrar’s Office

2 What is FERPA? The Family Educational Rights and Privacy Act of 1974, as amended, sets forth requirements regarding the privacy of student records and affords students certain rights with respect to their education records.

3 Student Rights The right to inspect and review their education records within 45 days of the date the College receives a request for access. The right to request amendment of the student’s education records that the student believes are inaccurate or misleading. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. The Right to file a complaint with the U.S. Department of Education concerning alleged failures by Jefferson Community & Technical College to comply with the requirements of FERPA.

4 What are Education Records? Records that are directly related to a student, which include any information in any medium, including but not limited to, handwriting, print, tapes, film, , microfilm, and microfiche. Records that are maintained by an agency or institution or by a party acting for the agency or institution.

5 Examples of an Education Record Admissions information for students who are accepted and enrolled. Biographical information including date and place of birth, gender, nationality, race, ethnicity, and identification photographs. Grades, test scores, evaluations, courses taken, academic specialization and activities, and official communications regarding a student’s statue. Coursework including papers and exams, class schedules, as well as written or recorded communications that are part of the academic process. Disciplinary records (signed consent required to release) Student account and financial aid records. Internship program records.

6 Education Records are not: Sole possession records such as memory aids, reference tools, and personal notes that are not shared with others or made accessible to others, including but not limited to, the student and other Jefferson officials. JCTC Security records made exclusively for security purposes. Medical treatment and counseling records. Employment records, unless the student’s employment is predicated upon his or her status as a student. Alumni records which do not relate to or contain information about the person as a student.

7 Disclosure of Education Records Student education records may not be disclosed to anyone unless the student has given written consent, or the request fits one of the legal exceptions. One of the exceptions is the release of directory information about a student. Consent from a student is not generally required for the release of directory information, and it may be public unless the student has placed an affirmative restriction on its release with the College Registrar’s office.

8 Directory Information Student name Address Telephone number Date and place of birth Major field of study Dates of attendance Degrees and awards

9 Disclosure Without Prior Consent FERPA law also defines a number of other circumstances besides the release of directory information in which an education record can be released to certain parties without written permission from the student. Examples of these exceptions include: School officials who act in the student’s educational interest on a legitimate, “need-to- know” basis. A school official is a person employed by Jefferson in an administrative, supervisor, academic or research, or support staff position; a person or company with whom Jefferson has contracted: a person serving on JCTC Educational Board Foundation; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. Officials of other institutions in which the student seeks or intends to enroll provided that the student had previously requested a release of his or her record. Authorized representative of the U.S. Department of Education, U.S. Department of Defense, U.S. Attorney General, INS the Comptroller General of the United States, state education authorities, organizations conducting studies for or on behalf of Jefferson, and accrediting organizations.

Disclosure Without Prior Consent FERPA law also defines a number of other circumstances besides the release of directory information in which an education record can be released to certain parties without written permission from the student. Examples of these exceptions include: In connection with the student’s application for, and receipt of, financial aid. To comply with judicial order or lawfully issued subpoena. To parents of dependent students as defined by the Internal Revenue Code, Section 152. To appropriate parties in a health or safety emergency. To the alleged victim of any crime of violence of the results of any disciplinary proceedings conducted by Jefferson. 10

11 Legitimate Educational Interest A faculty member, staff member, or school official has a legitimate educational interest in accessing or reviewing a student’s educational record without the student’s written consent if he or she needs to review an educational record in order to fulfill his or her professional responsibility.

12 Parental Access to Student Records Parents may obtain directory information unless the student has placed an affirmative restriction on its release. Parents may obtain non- directory information by obtaining a signed consent from their child. Records of student permission are maintained in the Registrar’s Office. Parents may obtain non- directory information if the child is a legal dependent for tax purposes and files a legal affidavit with the Registrar’s Office.

13 To Avoid FERPA Violations When uncertain, do not release information about an education record. Instead, refer the inquiry to the Registrar’s Office. Shred records containing social security numbers, student ID numbers, grades, or any other identifiable information. Practice prudence. Safely store confidential information, and do not leave confidential information display on an unattended computer. Do not circulate a printed class roll with the student name and SSN/Student ID. Do not provide anyone with student schedules. Do not include confidential information in a recommendation letter without the written consent of the student.

14 Take the FERPA QUIZ Question 1.If a student’s parent calls asking how a student is doing in class and would like attendance information, and exam grades, can you give out that information? 2.You receive a call from a recruiting firm asking for names and addresses of students with GPA of 3.0 or better. They want to contact these students about exciting job opportunities. Should you give out this information? 3. A person walks into your office with a signed letter giving consent to release grades of a current student. Do you give the grade information? 4.Louisville Metro Police contact your regarding a student’s class attendance today. Since they are conducting an investigation, are you allowed to release this information? 5.You receive a frantic phone call from an individual claiming to be a student’s mother and she must find her son immediately because of family emergency. Can you tell this person when and where the student’s next

15 Take the FERPA QUIZ class is today? 6. Should faculty leave exams, papers, etc. posted or left outside their office for students to pick up? 7. An unauthorized person comes into your office and retrieves information about a student from your computer that you left unattended. Under FERPA, are you responsible?

16 FERPA QUIZ ANSWERS 1.If a student’s parent calls asking how a student is doing in a class and would like attendance information and exam grades, can you give out that information? The answer is No. Even though the person may be a parent you must assume that the student is an adult. You cannot give out grades or any other personal information. General Rule: You must assume that the student is an adult who is entitled to privacy, even from parents. Parents may assert their rights to the records if the student has given the college prior authorization by written request on file in the Registrar’s office. 2.You receive a call from a recruiting firm asking for names and addresses of students with GPA of 3.0 or better. They want to contact these students about exciting job opportunities. Can you give out this information? The answer is No. While we all want to help students find employment, that request should be sent to the Registrar’s Office. General Rule: Do not give out student records to anyone outside of the college without prior written consent of that student.

17 FERPA QUIZ ANSWERS 3.A person walks into your office with a signed letter giving consent to release grades of a current student. Do you give the grade information to them? The answer is No. The Registrar’s Office is responsible for releasing this information? General Rule: In most cases, unless it is in your job function here at Jefferson, do not give out any records to a third party. Always refer the request to the Registrar’s Office. 4.The Louisville Metro Police contact you regarding a student’s class attendance on a specific day. Since they are conducting an investigation, are you allowed to release this information? The answer is No. A subpoena must be present to access this information. If pressured to respond to the subpoena immediately, FERPA requires notification of the student, unless specifically stated on the subpoena that the student not be notified. General Rule: There must be prior written consent. If you are served with a subpoena, contact KCTCS General Counsel immediately.

18 FERPA QUIZ ANSWERS 5.You receive a frantic phone call from an individual claiming to be a student’s mother and she must find her son immediately because of a family emergency. Can you tell this person when and where the student’s next class is today? The answer is No. For the safety of the student you cannot tell another person where a student is at any time. General Rule: Contact the Registrar’s Office or Campus Security. 6.Should faculty leave exams, papers, etc. posted or left outside their office for students to pick up? The answer is No. That is a violation of the privacy rule because it is inappropriate for students to have access to other student’s information such as exams and papers. General Rule: You cannot leave personally identifiable information /materials in a public place. 7.An unauthorized person comes into your office and retrieves information abut a student from your computer that you left unattended. Under FERPA, are you responsible? The answer is Yes. Information on your computer screen should be treated the same as any printed material. General Rule: The medium in which student information is held is important. You are responsible for making sure that no information is left accessible or unattended, including computer displays.

19 Congratulations! You have successfully completed the Jefferson Community & Technical College FERPA Tutorial and Quiz. Please print your certificate of completion thank you.

20 THANK YOU FERPA CHAMPIONS!