Lake Land College FERPA

What is FERPA? FERPA is the Family Educational Rights and Privacy Act of 1974 which was designed to protect the privacy of student education records. It is also commonly known as the Buckley Amendment. In most cases, information regarding the student may not be released without the student’s consent. However, certain exceptions apply, including the release of directory information.

How Does it Apply to Me? Maintaining the confidentiality of student records is everyone’s responsibility, regardless if you are faculty, staff, or a student worker. If you have access to student’s information, you are accountable for handling records in accordance with FERPA. This session is designed to provide you with more information regarding the appropriate disclosure of student information.

What is Directory Information? Directory information made public by Lake Land College as stated on page 204 in the 2014-2016 catalog includes: student name, age, date of birth address, telephone listing, email address, and photograph enrollment status (half or full time) student classification major field

Directory Information (Cont) dates of attendance degrees and awards received most recent previous school attended participation in officially recognized activities and sports weight and height of members of athletic teams

Directory Information (Cont) Any student objecting to his or her directory information being made public must file notice in writing of such objections with the Admissions and Records Office by the first meeting of classes for the semester. If a student has completed this form, a do not release information flag will appear on the top part of the screen of the student’s record. This flag will appear as follows RELEASE: NO Students wishing to approve release of their information to another individual(s) must complete the Student Information Release Authorization form in person at the Admissions and Records office.

What Records are Considered Education Records? Records, files, or documents are considered education records if they contain info directly related to a student and, are maintained by an educational institution.

What Records are Considered Education Records? (Cont) Educational records could include any information or data recorded in any medium including handwriting, electronic, microfilm, print, tapes, and/or files. Specific examples could include but are not limited to a course schedule, class rosters, computer printout on your desk, cumulative academic records, disciplinary actions, financial aid, grades, internship program records your computer screen.

Who is entitled to have that information? The student and any outside party who has the student's written consent. School officials who have "legitimate educational interest" as defined in FERPA. The holder of a lawfully issued (by judge or attorney) judicial order or subpoena which allows the institution to release records without the student's consent. However, a "reasonable effort" must be made to notify the student before complying with the order.

To whom may educational records be released to? Educational records may be released to: the student and to any outside party who has the student’s written, signed consent; school officials who have legitimate educational interests; parents of a dependent student as defined by the Internal Revenue Service; schools in which the student seeks to enroll; a potential employer; to federal, state, and local authorities involving an audit or evaluation of compliance with education programs; or accrediting organizations. In addition a student’s records may be released in connection with eligibility for and awarding financial aid, under a judicial order or subpoena which allows the institution to release records without the student’s consent, or in a health or safety emergency.

Who is considered a school official? School officials could include employees in the position of an administrator, faculty, or staff member; Board of Trustees member; a student serving on an official committee or assisting another college employee in performing his or her tasks; or a company employed by or under contract with the college to perform a special task.

What right does FERPA give students? FERPA affords students the right to: inspect and review educational records within 45 days of receipt of request; request amendment of education records; consent to the disclosure of personally identifiable info in a student record; file a FERPA complaint with the US Department of Education for violations.

What rights do parents have? Rights transfer to the student when he/she reaches the age of 18 or attends any school beyond the secondary level. Records may be released to parents only under the following circumstances: through the written consent of the student; in compliance with a subpoena, or by producing a copy of the most recent Federal Income Tax form showing that the student was claimed as a dependent.

What are the penalties for violating of FERPA? Violations can lead to lawsuits, loss of federal funding, conviction of a misdemeanor under the Public Information Act with possible imprisonment or fines, and dismissal. In addition, Lake Land College could lose federal funding.

How does it apply to instructors? Information about your students' grades is to be considered confidential and should not be released to anyone not entitled to that information. Remember that educational records can come in various formats. Refer to the section on education records for specific examples.

How might this affect you? Follow these suggestions to ensure that you are not in violation of FERPA. Avoid leaving unattended graded papers or exams, course schedules, or class lists in your office. Do not leave a computer screen open which might be viewable by guests who come in your office. If a parent contacts you to discuss his/her adult child's grades, you can not discuss this information with them, unless the student has provided written consent. Consider how you distribute grades, including by phone, fax, or email. If you distribute papers in an open format such as leaving a stack of papers on a table, this would violate a student’s right to privacy. Instead of posting grades alphabetically or by students’ social security numbers, devise a system which randomly lists students’ grades.

Helpful Hints Here are additional items that can assure you are not in violation of FERPA. Do not connect the name of student with his/her social security number in any public manner, such as circulating a printed class list. Do not leave tests or papers outside of your office for a student to pick up. Clear your computer screen when you leave your desk and when you are assisting another student. Shred records that contain the name, social security number, grades, or other confidential information relating to a student. Do not throw these documents in the trash, where the information can be obtained. Be cognizant of leaving printed materials in the printer or copier, especially if it is outside of your office area.

Helpful Hints (Cont) Here are additional items that can assure you are not in violation of FERPA. Do not discuss students by name in a public place where other individuals are present and could overhear. Do not provide test results over the telephone. Remember that parents and spouses have no inherent rights to inspect a student’s education records or to be given information about the student. Records may be released only if the student has given his/her consent. Do not include a student’s GPA in a letter of recommendation without prior written consent from the student. When in doubt, do not release any information.

Additional Resources Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, D.C. 20202-5920 http://www.ed.gov/offices/OM/fpco/