FERPA PRIVACY STUDENT RECORDS RECORD RET RETENTION FERPA PRIVACY CENSUS PERSONAL GHTS FERPA, FERPA, STUDENT CONDUCT FERPA SB1440 GRADUATION AND PERSISTANCE SUCCE EVALUATIONS GRADES RECORDS RETENTION SLO REGISTRATION OUTCOMES CSU UC GRADUATIO STUDENT SUCCESS APPLICATION COLLEGE ASSO Victor DeVore, San diego community college district Steve Erwin, College of the canyons
Learning Outcomes Understand what FERPA is and what records are affected by FERPA Understand students’ rights regarding his/her FERPA protected records Understand when consent is needed to share student records Understand record retention schedule and best practices Understand federal, state and accreditor requirements
WHAT IS FERPA?
FERPA FERPA stands for the Family Educational Rights and Privacy Act of 1974 FERPA is a Federal Law that is designed to protect the privacy of education records, to establish the right 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. FERPA is enforced by the Family Policy Compliance Office, U.S. Department of Education, Washington DC The Family Educational Rights and Privacy Act (FERPA) has three main purposes: protects the privacy of students’ education records – including the right to consent to most disclosures of their education records, provides students the right to review their education records; and provides students the right to seek correction of inaccurate or misleading information in their education records.
The Essence of the ACT College students must be permitted to inspect their own education records. School officials may not disclose personally identifiable information (PII) about students nor permit inspection of their records without written permission unless such action is covered by certain exceptions permitted by the Act.
KEY Terms and Concepts Education Record Directory Information School Official Legitimate Educational Interest Prior Consent to Disclosure Students’ right to access their education records as outlined in the College Catalog and College Website
What is an “education record?” Any record, with certain exceptions, maintained by an institution that is directly related to a student or students. This record can contain a student’s name(s) or information from which an individual student can be personally identified. FERPA rights attach to students as soon as the student is in attendance at your college. This is the FERPA definition of an “education record.” It is important to start with this definition since you must determine if a piece of information is an “education record.” If the record can be identified as an “education record,” it is subject to FERPA. Notice how broad the definition is; not only in the information covered but also in the variety of media in which such a record can be found. This definition basically tells us that an education record is not just a record that can be identified by a student’s name; nor is it just a paper document found in the registrar’s office. This is a pervasive definition that draws all academic and administrative offices of an institution under the FERPA umbrella.
What is “In Attendance” Defined by local policy. Local policy can define it to begin as early as when the student submits an application or as late as when the student shows up for class. This is retroactive, meaning FERPA rights apply to all records, even those that predate the student’s attendance. This is the FERPA definition of an “education record.” It is important to start with this definition since you must determine if a piece of information is an “education record.” If the record can be identified as an “education record,” it is subject to FERPA. Notice how broad the definition is; not only in the information covered but also in the variety of media in which such a record can be found. This definition basically tells us that an education record is not just a record that can be identified by a student’s name; nor is it just a paper document found in the registrar’s office. This is a pervasive definition that draws all academic and administrative offices of an institution under the FERPA umbrella.
What is not an education record? “Sole Possession” notes Law enforcement unit records Financial records of the student’s parents Records maintained exclusively for individuals in their capacity as employees Medical & Treatment records (HIPAA) Alumni Records Under f., there have been times when accrediting groups have requested a random set of records to be reviewed by an accreditation team either prior to the on-site visit or during the on-site visit. This exception permits school officials to provide this information to members of the accrediting team without obtaining the student’s written permission as long as the release is to comply with part of the accreditation process. Under g., this is where an institution may release non-directory information to parents. This also identifies the conditions under which parents qualify. IRS Code of 1986, Section 152 basically says that, in the last and most-recent federal income tax return of the parent, the student has been identified as a dependent. Institutions must determine that dependency first before releasing information to parents. If the dependency cannot be established, the parents are not entitled to non-directory information under this exception to written permission. There is a summary slide later on what FERPA says about parents.
Law Enforcement Records Records created and maintained by the college’s law enforcement unit (e.g. campus police) for a law enforcement purpose Under f., there have been times when accrediting groups have requested a random set of records to be reviewed by an accreditation team either prior to the on-site visit or during the on-site visit. This exception permits school officials to provide this information to members of the accrediting team without obtaining the student’s written permission as long as the release is to comply with part of the accreditation process. Under g., this is where an institution may release non-directory information to parents. This also identifies the conditions under which parents qualify. IRS Code of 1986, Section 152 basically says that, in the last and most-recent federal income tax return of the parent, the student has been identified as a dependent. Institutions must determine that dependency first before releasing information to parents. If the dependency cannot be established, the parents are not entitled to non-directory information under this exception to written permission. There is a summary slide later on what FERPA says about parents.
What is “personally identifiable?” Personally Identifiable means data or information which includes: The name of the student, the student’s parent, or other family members. The student’s campus or home address; A personal identifier (such as a social security number or student number) A list of personal characteristics or other information which would make the student’s identity known with “reasonable certainty” This is the FERPA definition of an “education record.” It is important to start with this definition since you must determine if a piece of information is an “education record.” If the record can be identified as an “education record,” it is subject to FERPA. Notice how broad the definition is; not only in the information covered but also in the variety of media in which such a record can be found. This definition basically tells us that an education record is not just a record that can be identified by a student’s name; nor is it just a paper document found in the registrar’s office. This is a pervasive definition that draws all academic and administrative offices of an institution under the FERPA umbrella.
Grades posted outside of professor’s office with student id? NO These are the categories of information that are not subject to FERPA. “Sole possession notes” Are made by one person as an individual observation or recollection, are kept in the possession of the maker, and are only shared with a temporary substitute. Once shared, or placing in a public area makes them educational records. Email is never “sole possession” Law enforcement unit records are those records created by a law enforcement unit for a law enforcement purpose and maintained by the law enforcement unit. Any of these records that are shared with another school official become subject to FERPA. Employee records: If a student is also an employee of the institution, those employment records of that person are not subject to FERPA. However, those records created for an employment purpose by the fact that the person is a student are education records. The most common examples of these kinds of records are work-study records. Doctor-patient privilege records: Those records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in their professional capacity or assisting in a paraprofessional capacity in the treatment of a student. These records are only to be disclosed to those providing treatment to the student. “Treatment” does not include any remedial educational activities or activities that are part of the educational program of the institution disclosed for accommodation purposes. Alumni records are those records created by an institution after the student has left the institution unrelated to the student’s time as a student.
What is directory information? Although not required to be included in the institution’s annual notification, the institution must notify students of what information the institution has designated as directory information. The Family Policy Compliance Office has recommended that this notification be part of the institution’s annual FERPA notification to students. Students may opt-out of directory information being published. Under f., there have been times when accrediting groups have requested a random set of records to be reviewed by an accreditation team either prior to the on-site visit or during the on-site visit. This exception permits school officials to provide this information to members of the accrediting team without obtaining the student’s written permission as long as the release is to comply with part of the accreditation process. Under g., this is where an institution may release non-directory information to parents. This also identifies the conditions under which parents qualify. IRS Code of 1986, Section 152 basically says that, in the last and most-recent federal income tax return of the parent, the student has been identified as a dependent. Institutions must determine that dependency first before releasing information to parents. If the dependency cannot be established, the parents are not entitled to non-directory information under this exception to written permission. There is a summary slide later on what FERPA says about parents.
What is directory information? Some of the following are possible items that a college may designate as directory information: Name, address, phone number, email address, dates of attendance and enrollment status (full-time, half-time) Student participation in officially recognized activities and sports including weight, height, and high school of graduation of athletic team members Degrees and awards received by students, including honors, scholarship awards, athletic wards, Vice President’s and President’s recognition. Under f., there have been times when accrediting groups have requested a random set of records to be reviewed by an accreditation team either prior to the on-site visit or during the on-site visit. This exception permits school officials to provide this information to members of the accrediting team without obtaining the student’s written permission as long as the release is to comply with part of the accreditation process. Under g., this is where an institution may release non-directory information to parents. This also identifies the conditions under which parents qualify. IRS Code of 1986, Section 152 basically says that, in the last and most-recent federal income tax return of the parent, the student has been identified as a dependent. Institutions must determine that dependency first before releasing information to parents. If the dependency cannot be established, the parents are not entitled to non-directory information under this exception to written permission. There is a summary slide later on what FERPA says about parents.
What can never be directory information? Directory information can never include the following: Race, gender, ethnicity, sexual orientation SSN Grades GPA Citizenship Religion Student ID Numbers (unless used as a login combined with password/pin; may include ID badges but must require a second authentication feature.) Under f., there have been times when accrediting groups have requested a random set of records to be reviewed by an accreditation team either prior to the on-site visit or during the on-site visit. This exception permits school officials to provide this information to members of the accrediting team without obtaining the student’s written permission as long as the release is to comply with part of the accreditation process. Under g., this is where an institution may release non-directory information to parents. This also identifies the conditions under which parents qualify. IRS Code of 1986, Section 152 basically says that, in the last and most-recent federal income tax return of the parent, the student has been identified as a dependent. Institutions must determine that dependency first before releasing information to parents. If the dependency cannot be established, the parents are not entitled to non-directory information under this exception to written permission. There is a summary slide later on what FERPA says about parents.
School officials A school official can be a person: 1. Employed by the college in an administrative, supervisory, academic, research, or support staff position (including law enforcement and health staff personnel), 2. Elected to the Board of Trustees, 3. Or a company employed by or under contract to the college to perform a specific task, such as, an agent, an attorney, an auditor, or an outsourced service provider. (e.g. San Diego County Sheriff) 4. Serving as a student representative on an official committee, such as a disciplinary committee, or assisting another school official in performing his or her tasks. (Teacher’s Assistants) Under f., there have been times when accrediting groups have requested a random set of records to be reviewed by an accreditation team either prior to the on-site visit or during the on-site visit. This exception permits school officials to provide this information to members of the accrediting team without obtaining the student’s written permission as long as the release is to comply with part of the accreditation process. Under g., this is where an institution may release non-directory information to parents. This also identifies the conditions under which parents qualify. IRS Code of 1986, Section 152 basically says that, in the last and most-recent federal income tax return of the parent, the student has been identified as a dependent. Institutions must determine that dependency first before releasing information to parents. If the dependency cannot be established, the parents are not entitled to non-directory information under this exception to written permission. There is a summary slide later on what FERPA says about parents.
Legitimate Educational interest The demonstrated need to know by those officials of an institution who act in the student’s educational interest, including faculty, administrators, clerical and professional employees, and other persons who manage student record information. Although FERPA does not define “legitimate educational interest”, it states that institutions must specify the criteria for determining it. Under f., there have been times when accrediting groups have requested a random set of records to be reviewed by an accreditation team either prior to the on-site visit or during the on-site visit. This exception permits school officials to provide this information to members of the accrediting team without obtaining the student’s written permission as long as the release is to comply with part of the accreditation process. Under g., this is where an institution may release non-directory information to parents. This also identifies the conditions under which parents qualify. IRS Code of 1986, Section 152 basically says that, in the last and most-recent federal income tax return of the parent, the student has been identified as a dependent. Institutions must determine that dependency first before releasing information to parents. If the dependency cannot be established, the parents are not entitled to non-directory information under this exception to written permission. There is a summary slide later on what FERPA says about parents.
Inspection and review Students have the right to see everything in their “education record” except: Information about other students; Financial records of parents; and Confidential letters of recommendation if they waive their right of access FERPA does not prescribe what records are created or how long they are kept. However you cannot destroy a record if there is a request to inspect and review. It is important to know and understand your district’s records retention policy. (Ref. BP/AP 3310) Under f., there have been times when accrediting groups have requested a random set of records to be reviewed by an accreditation team either prior to the on-site visit or during the on-site visit. This exception permits school officials to provide this information to members of the accrediting team without obtaining the student’s written permission as long as the release is to comply with part of the accreditation process. Under g., this is where an institution may release non-directory information to parents. This also identifies the conditions under which parents qualify. IRS Code of 1986, Section 152 basically says that, in the last and most-recent federal income tax return of the parent, the student has been identified as a dependent. Institutions must determine that dependency first before releasing information to parents. If the dependency cannot be established, the parents are not entitled to non-directory information under this exception to written permission. There is a summary slide later on what FERPA says about parents.
Inspection and review Students have an absolute right of access to their educational records. If a student (or where applicable, a parent) requests to review a record, you must comply within 15 days. (State law states 15 days, federal law states 45, however since state law is more protective, state law trumps federal law.) Copies of records are not required, however you must provide them if by not doing so you would deny student access (e.g. commute distance is not feasible.) Under f., there have been times when accrediting groups have requested a random set of records to be reviewed by an accreditation team either prior to the on-site visit or during the on-site visit. This exception permits school officials to provide this information to members of the accrediting team without obtaining the student’s written permission as long as the release is to comply with part of the accreditation process. Under g., this is where an institution may release non-directory information to parents. This also identifies the conditions under which parents qualify. IRS Code of 1986, Section 152 basically says that, in the last and most-recent federal income tax return of the parent, the student has been identified as a dependent. Institutions must determine that dependency first before releasing information to parents. If the dependency cannot be established, the parents are not entitled to non-directory information under this exception to written permission. There is a summary slide later on what FERPA says about parents.
Inspection and review Title 5, Section 59410 does permit districts, when delineated in board policy, to withhold transcripts, diplomas, grades and other registration privileges if to student, or former student, fails to pay proper financial obligations due to the college. However, students will always have the ability to inspect their records regardless of financial or other holds
Right to amend a record Student has the right to seek to amend information in their student’s record. Except – a college is not required by FERPA to afford the student the right to seek to change substantive decisions made by school officials such as grades, disciplinary rulings, disability placements or other evaluations of a student.
Right to amend a record State law permits students to seek to correct information in their student education records which are deemed: Inaccurate An unsubstantiated personal conclusion or inference, A conclusion or inference outside the observer’s area of competence, or Not based on the personal observations of a named person with the time and place of the observation noted Reference: Ed. Code, Section 76232
Process to amend a record
Right to consent to disclosure Students have the right to control to whom his or her education record is released. The college must keep all written consents on file for a minimum of three years. There are exceptions…. Under f., there have been times when accrediting groups have requested a random set of records to be reviewed by an accreditation team either prior to the on-site visit or during the on-site visit. This exception permits school officials to provide this information to members of the accrediting team without obtaining the student’s written permission as long as the release is to comply with part of the accreditation process. Under g., this is where an institution may release non-directory information to parents. This also identifies the conditions under which parents qualify. IRS Code of 1986, Section 152 basically says that, in the last and most-recent federal income tax return of the parent, the student has been identified as a dependent. Institutions must determine that dependency first before releasing information to parents. If the dependency cannot be established, the parents are not entitled to non-directory information under this exception to written permission. There is a summary slide later on what FERPA says about parents.
When is prior consent not required? Institutions may disclose records without consent if certain requirements are met, but it is not required to do so. Some examples: “School officials” with a “legitimate educational interest.” Employees and legal agents have access to education records in order to perform their official, educationally- related duties Disclosure to organizations conducting studies to improve instruction, or to accrediting organizations. Disclosure to parents of dependent students (IRS definition); Parents must file a certification of dependency e.g. income taxes Judicial Order or lawfully issued subpoena Under f., there have been times when accrediting groups have requested a random set of records to be reviewed by an accreditation team either prior to the on-site visit or during the on-site visit. This exception permits school officials to provide this information to members of the accrediting team without obtaining the student’s written permission as long as the release is to comply with part of the accreditation process. Under g., this is where an institution may release non-directory information to parents. This also identifies the conditions under which parents qualify. IRS Code of 1986, Section 152 basically says that, in the last and most-recent federal income tax return of the parent, the student has been identified as a dependent. Institutions must determine that dependency first before releasing information to parents. If the dependency cannot be established, the parents are not entitled to non-directory information under this exception to written permission. There is a summary slide later on what FERPA says about parents.
When is prior consent not required? (cont’d) Institutions may disclose records without consent if certain requirements are met, but it is not required to do so. Some examples: Disclosure of health/safety emergency (must document what the emergency was and to whom the information was released.) Disclosure of directory information, provided the student has not “opt-out” of direction information. Under f., there have been times when accrediting groups have requested a random set of records to be reviewed by an accreditation team either prior to the on-site visit or during the on-site visit. This exception permits school officials to provide this information to members of the accrediting team without obtaining the student’s written permission as long as the release is to comply with part of the accreditation process. Under g., this is where an institution may release non-directory information to parents. This also identifies the conditions under which parents qualify. IRS Code of 1986, Section 152 basically says that, in the last and most-recent federal income tax return of the parent, the student has been identified as a dependent. Institutions must determine that dependency first before releasing information to parents. If the dependency cannot be established, the parents are not entitled to non-directory information under this exception to written permission. There is a summary slide later on what FERPA says about parents.
When is prior consent not required? (cont’d) Solomon Act: The Act allows military organizations access to information ordinarily restricted under FERPA for the purpose of military recruiting. The Solomon Amendment permits Department of Defense entities to physically access institutional facilities to recruit students, and to obtain students' names, addresses, phone numbers, age, class, and degree program once every term. Institutions are exempt from these requirements if they do not collect this information, or if they do not normally provide this information to prospective employers. The Solomon Amendment only applies to enrolled students over the age 17. Under f., there have been times when accrediting groups have requested a random set of records to be reviewed by an accreditation team either prior to the on-site visit or during the on-site visit. This exception permits school officials to provide this information to members of the accrediting team without obtaining the student’s written permission as long as the release is to comply with part of the accreditation process. Under g., this is where an institution may release non-directory information to parents. This also identifies the conditions under which parents qualify. IRS Code of 1986, Section 152 basically says that, in the last and most-recent federal income tax return of the parent, the student has been identified as a dependent. Institutions must determine that dependency first before releasing information to parents. If the dependency cannot be established, the parents are not entitled to non-directory information under this exception to written permission. There is a summary slide later on what FERPA says about parents.
When is prior consent not required? (cont’d) Solomon Act: Institutions that violate the Solomon Amendment risk loss of funding from several federal agencies, including the Departments of Defense, Education, Health and Human Services, and Labor. If a component of the institution violates the Solomon Amendment, larger system funding may be affected. Under f., there have been times when accrediting groups have requested a random set of records to be reviewed by an accreditation team either prior to the on-site visit or during the on-site visit. This exception permits school officials to provide this information to members of the accrediting team without obtaining the student’s written permission as long as the release is to comply with part of the accreditation process. Under g., this is where an institution may release non-directory information to parents. This also identifies the conditions under which parents qualify. IRS Code of 1986, Section 152 basically says that, in the last and most-recent federal income tax return of the parent, the student has been identified as a dependent. Institutions must determine that dependency first before releasing information to parents. If the dependency cannot be established, the parents are not entitled to non-directory information under this exception to written permission. There is a summary slide later on what FERPA says about parents.
When is prior consent not required? & Financial Aid May disclose PII from education records if the disclosure is in connection with financial aid for which the student has applied or has received and the information is NECESSARY to: determine eligibility for the aid determine the amount of the aid determine the conditions for the aid, or enforce the terms and conditions of the aid. For these purposes financial aid is payment of funds to a student (or in kind payment) that is conditioned on the student’s attendance at an educational agency or institution. Under f., there have been times when accrediting groups have requested a random set of records to be reviewed by an accreditation team either prior to the on-site visit or during the on-site visit. This exception permits school officials to provide this information to members of the accrediting team without obtaining the student’s written permission as long as the release is to comply with part of the accreditation process. Under g., this is where an institution may release non-directory information to parents. This also identifies the conditions under which parents qualify. IRS Code of 1986, Section 152 basically says that, in the last and most-recent federal income tax return of the parent, the student has been identified as a dependent. Institutions must determine that dependency first before releasing information to parents. If the dependency cannot be established, the parents are not entitled to non-directory information under this exception to written permission. There is a summary slide later on what FERPA says about parents.
Requirements for Compliance Institutions must provide an annual notification to students of their FERPA rights. Right to Inspect Right to amend and challenge Opt out of directory information Complaint process with US DoE Criteria for school officials & legitimate educational interest when disclosing information without prior consent. Must provide students access to their education records (Keep in mind state = 15 days vs federal = 45 days) Under f., there have been times when accrediting groups have requested a random set of records to be reviewed by an accreditation team either prior to the on-site visit or during the on-site visit. This exception permits school officials to provide this information to members of the accrediting team without obtaining the student’s written permission as long as the release is to comply with part of the accreditation process. Under g., this is where an institution may release non-directory information to parents. This also identifies the conditions under which parents qualify. IRS Code of 1986, Section 152 basically says that, in the last and most-recent federal income tax return of the parent, the student has been identified as a dependent. Institutions must determine that dependency first before releasing information to parents. If the dependency cannot be established, the parents are not entitled to non-directory information under this exception to written permission. There is a summary slide later on what FERPA says about parents.
SPECIFIC ISSUES
Directory Information Example Your college designates name, address, telephone numbers, email address, and honors and awards received as directory information. A non-profit organization that serves disabled students asks your college for directory information on students who are enrolled in DSPS. Can the names and contact information of your DSPS students be disclosed to the organization as directory information? No. You cannot link directory information with an item that cannot be designated as directory information, such as disability status. Under f., there have been times when accrediting groups have requested a random set of records to be reviewed by an accreditation team either prior to the on-site visit or during the on-site visit. This exception permits school officials to provide this information to members of the accrediting team without obtaining the student’s written permission as long as the release is to comply with part of the accreditation process. Under g., this is where an institution may release non-directory information to parents. This also identifies the conditions under which parents qualify. IRS Code of 1986, Section 152 basically says that, in the last and most-recent federal income tax return of the parent, the student has been identified as a dependent. Institutions must determine that dependency first before releasing information to parents. If the dependency cannot be established, the parents are not entitled to non-directory information under this exception to written permission. There is a summary slide later on what FERPA says about parents.
Student Learning Outcomes Administrators and faculty with a legitimate educational interest may have access to education records. Please note that the faculty or staff must have a reason to access the information in order to perform their educationally-related duties. “Good” Example Math Department Chair asking for GPA records for all students who took MATH-103 and MATH-110 and if they progressed to Pre-Calculus. “Bad” Example Business Faculty requesting contact and GPA records for all students who are over the age of 24 and in Intercollegiate sports. Under f., there have been times when accrediting groups have requested a random set of records to be reviewed by an accreditation team either prior to the on-site visit or during the on-site visit. This exception permits school officials to provide this information to members of the accrediting team without obtaining the student’s written permission as long as the release is to comply with part of the accreditation process. Under g., this is where an institution may release non-directory information to parents. This also identifies the conditions under which parents qualify. IRS Code of 1986, Section 152 basically says that, in the last and most-recent federal income tax return of the parent, the student has been identified as a dependent. Institutions must determine that dependency first before releasing information to parents. If the dependency cannot be established, the parents are not entitled to non-directory information under this exception to written permission. There is a summary slide later on what FERPA says about parents.
Ferpa, minors and concurrent enrollment Linda, who is 17, is still in high school but is also taking classes at your college. Have FERPA rights transferred to Linda? Yes. Can her parents see the records at your college? Not unless an exception allows it, e.g., claiming little Linda on their income taxes. Is there another way the parents might see these records? Under f., there have been times when accrediting groups have requested a random set of records to be reviewed by an accreditation team either prior to the on-site visit or during the on-site visit. This exception permits school officials to provide this information to members of the accrediting team without obtaining the student’s written permission as long as the release is to comply with part of the accreditation process. Under g., this is where an institution may release non-directory information to parents. This also identifies the conditions under which parents qualify. IRS Code of 1986, Section 152 basically says that, in the last and most-recent federal income tax return of the parent, the student has been identified as a dependent. Institutions must determine that dependency first before releasing information to parents. If the dependency cannot be established, the parents are not entitled to non-directory information under this exception to written permission. There is a summary slide later on what FERPA says about parents.
WHAT ABOUT PARENTS? When a student reaches the age of 18 or begins attending a postsecondary institution regardless of age, FERPA rights transfer to the student. This summarizes what FERPA says about parents in plain English. This is a good “post-it” for quick reference.
Institutions may disclose education records of students to their parents by any of the following: By obtaining the student’s written consent By having the parents establish the student’s dependency as defined by Internal Revenue Code By exercising its disclosure option on any students under age 21 regarding a violation of an institutional rule or federal, state, or local law regarding the use of alcohol or controlled substance as long as state law permits. In a health or safety emergency. These next two slides relate to parents. This slide identifies what FERPA specifically says about how we can, if we wish, release information to parents. Institutions are not required to release any information to parents. Many faculty have questions about what to discuss with parents regarding their child’s academics. They should know that they just can’t talk about anything with the parents. If this hasn’t occurred at your institution already, you might want to propose a policy regarding what to say to parents, or at least how to handle parental requests, about their child’s records/academic performance.
Records Retention and Destruction
What is records retention Records retention is the identification, classification, storage, retention, and destruction of records. Regulations related to records retention: Title 5, section 59020 to 59041 Title 5, section 54600 Student Accounting Manual Section 4 Education Code, section 76200 Accreditation Standard II.C.6 Under f., there have been times when accrediting groups have requested a random set of records to be reviewed by an accreditation team either prior to the on-site visit or during the on-site visit. This exception permits school officials to provide this information to members of the accrediting team without obtaining the student’s written permission as long as the release is to comply with part of the accreditation process. Under g., this is where an institution may release non-directory information to parents. This also identifies the conditions under which parents qualify. IRS Code of 1986, Section 152 basically says that, in the last and most-recent federal income tax return of the parent, the student has been identified as a dependent. Institutions must determine that dependency first before releasing information to parents. If the dependency cannot be established, the parents are not entitled to non-directory information under this exception to written permission. There is a summary slide later on what FERPA says about parents.
Title 5, Section 59020 to 59041 Explains what records and documents district are required by law to prepare or retain. Student records are part of this section. Districts must classify documents: Class 1 – Permanent Class 2 – Optional Class 3 – Disposable Note: If a Class 1 document is scanned, imaged, or microfiched, then it may be classified as a Class 3 document for disposal. This process must be defined in board policy Under f., there have been times when accrediting groups have requested a random set of records to be reviewed by an accreditation team either prior to the on-site visit or during the on-site visit. This exception permits school officials to provide this information to members of the accrediting team without obtaining the student’s written permission as long as the release is to comply with part of the accreditation process. Under g., this is where an institution may release non-directory information to parents. This also identifies the conditions under which parents qualify. IRS Code of 1986, Section 152 basically says that, in the last and most-recent federal income tax return of the parent, the student has been identified as a dependent. Institutions must determine that dependency first before releasing information to parents. If the dependency cannot be established, the parents are not entitled to non-directory information under this exception to written permission. There is a summary slide later on what FERPA says about parents.
Title 5, Section 59020 to 59041 Class 3 Documents May be destroyed after the third year from the origination of the document Cannot be destroyed until after the third July 1st date succeeding completion of an audit required by Ed Code section 84040, or of any other required audit. Under f., there have been times when accrediting groups have requested a random set of records to be reviewed by an accreditation team either prior to the on-site visit or during the on-site visit. This exception permits school officials to provide this information to members of the accrediting team without obtaining the student’s written permission as long as the release is to comply with part of the accreditation process. Under g., this is where an institution may release non-directory information to parents. This also identifies the conditions under which parents qualify. IRS Code of 1986, Section 152 basically says that, in the last and most-recent federal income tax return of the parent, the student has been identified as a dependent. Institutions must determine that dependency first before releasing information to parents. If the dependency cannot be established, the parents are not entitled to non-directory information under this exception to written permission. There is a summary slide later on what FERPA says about parents.
Sample methods to label documents Under f., there have been times when accrediting groups have requested a random set of records to be reviewed by an accreditation team either prior to the on-site visit or during the on-site visit. This exception permits school officials to provide this information to members of the accrediting team without obtaining the student’s written permission as long as the release is to comply with part of the accreditation process. Under g., this is where an institution may release non-directory information to parents. This also identifies the conditions under which parents qualify. IRS Code of 1986, Section 152 basically says that, in the last and most-recent federal income tax return of the parent, the student has been identified as a dependent. Institutions must determine that dependency first before releasing information to parents. If the dependency cannot be established, the parents are not entitled to non-directory information under this exception to written permission. There is a summary slide later on what FERPA says about parents.
Storage of student records The institution maintains student records permanently, securely, and confidentially, with provision for secure backup of all files, regardless of the form in which those files are maintained. The institution publishes and follows established policies for release of student records. Keep files in moisture-free, fire proof area. Best way to safeguard records is to image them but be sure you have a data storage and backup policy in place. Under f., there have been times when accrediting groups have requested a random set of records to be reviewed by an accreditation team either prior to the on-site visit or during the on-site visit. This exception permits school officials to provide this information to members of the accrediting team without obtaining the student’s written permission as long as the release is to comply with part of the accreditation process. Under g., this is where an institution may release non-directory information to parents. This also identifies the conditions under which parents qualify. IRS Code of 1986, Section 152 basically says that, in the last and most-recent federal income tax return of the parent, the student has been identified as a dependent. Institutions must determine that dependency first before releasing information to parents. If the dependency cannot be established, the parents are not entitled to non-directory information under this exception to written permission. There is a summary slide later on what FERPA says about parents.
Destruction of education records Districts must establish a schedule for the destruction of education records. This schedule must be publicized and trained to all staff that have access to protected records. It’s important that you review and update this policy on an annual basis. Under f., there have been times when accrediting groups have requested a random set of records to be reviewed by an accreditation team either prior to the on-site visit or during the on-site visit. This exception permits school officials to provide this information to members of the accrediting team without obtaining the student’s written permission as long as the release is to comply with part of the accreditation process. Under g., this is where an institution may release non-directory information to parents. This also identifies the conditions under which parents qualify. IRS Code of 1986, Section 152 basically says that, in the last and most-recent federal income tax return of the parent, the student has been identified as a dependent. Institutions must determine that dependency first before releasing information to parents. If the dependency cannot be established, the parents are not entitled to non-directory information under this exception to written permission. There is a summary slide later on what FERPA says about parents.
Destruction of education records Under f., there have been times when accrediting groups have requested a random set of records to be reviewed by an accreditation team either prior to the on-site visit or during the on-site visit. This exception permits school officials to provide this information to members of the accrediting team without obtaining the student’s written permission as long as the release is to comply with part of the accreditation process. Under g., this is where an institution may release non-directory information to parents. This also identifies the conditions under which parents qualify. IRS Code of 1986, Section 152 basically says that, in the last and most-recent federal income tax return of the parent, the student has been identified as a dependent. Institutions must determine that dependency first before releasing information to parents. If the dependency cannot be established, the parents are not entitled to non-directory information under this exception to written permission. There is a summary slide later on what FERPA says about parents.
Destruction of education records FERPA does not preclude the destruction of education records unless a request for access is pending. However, state law requires the following student records to be classified as Class 1 Permanent and retained indefinitely: records of enrollment and scholarship certain claims pertaining to an accident or injury of a student (Cal. Code, Regs., tit. 5, § 59023(d).) Under f., there have been times when accrediting groups have requested a random set of records to be reviewed by an accreditation team either prior to the on-site visit or during the on-site visit. This exception permits school officials to provide this information to members of the accrediting team without obtaining the student’s written permission as long as the release is to comply with part of the accreditation process. Under g., this is where an institution may release non-directory information to parents. This also identifies the conditions under which parents qualify. IRS Code of 1986, Section 152 basically says that, in the last and most-recent federal income tax return of the parent, the student has been identified as a dependent. Institutions must determine that dependency first before releasing information to parents. If the dependency cannot be established, the parents are not entitled to non-directory information under this exception to written permission. There is a summary slide later on what FERPA says about parents.
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