FERPA Family Educational Rights and Privacy Act of 1974 (also known as the Buckley Amendment)

What is FERPA? Legislation that gives: Students the right: To inspect and review their education records To seek to amend their education records To have some control over the disclosure of information derived from their education records Universities the responsibility: To protect the privacy of those records

What if we violate FERPA? Federal funding for financial aid and educational grants could be lost Legal action could be taken against the university A student could be put in jeopardy

FERPA at Pacific In some areas, universities have discretion about how to define, interpret, or apply FERPA. This presentation is an overview and refers to the policies and procedures Pacific has developed.

Who is a Student? Any individual who is, or has been, in attendance at a Pacific University

Personally Identifiable Information Includes, but is not limited to: Student’s name Name of the student’s parent or other family members Address of the student or student’s family Social security number or student ID

What is an Education Record? Any record that: Contains information that is personally identifiable to a student Is maintained by Pacific or by a party acting on behalf of Pacific Some possible formats: Handwriting Database Print Video or audio tape Film Microfilm and microfiche

What an Education Record is not: Sole possession records Employment records Law enforcement records Alumni records Health records

Who is entitled to access student records? Other than the student; School officials with a legitimate need to know Outside contractors doing university business Anyone else the student designates, but ONLY after the student has provided a signed and dated written consent to release information One way to think about this is to say that the student “owns” all information about him/herself that the university maintains, and controls who gets access to it.

Legitimate need to know Do I need this information to fulfill my professional responsibility? Examples: Instructors do not need to know a student’s grade in all classes, but Advisors do Housing staff do not need to know a student’s academic schedule Most faculty and staff do not need to know whether a student is on academic probation Most faculty and staff do not need to know whether a student has financial aid

Directory Information Information that generally would not be considered harmful or an invasion of privacy if disclosed Each university determines what it considers to be Directory Information Students may request a “Directory Hold” Directory Information never can include: Social Security number/student ID number Race/ethnicity Gender Grades/GPA Country of citizenship

Directory Information at Pacific Student name Permanent address Local address Temporary address Electronic mail address Telephone number Dates of attendance Degrees and awards received Major field of study Participation in officially recognized activities and sports Weight and height of members of athletic teams Thesis titles/topics Photograph Full-time/part-time status Date of birth

Pacific’s Information Release Policy Pacific University does not release Directory Information to parties outside the University.  Exceptions to this guideline include Deans Lists, Academic or Athletic Honors/Awards or programs, and information on students attending the University to hometown newspapers. Much stricter than many other universities This policy is being reviewed and updated

What does this mean? Without a student’s written permission, you CANNOT: Release ANY information outside the University*: Acknowledge/verify that someone is enrolled Write a letter of recommendation Talk with someone’s parents or spouse about him/her on ANY topic * Certain exceptions exist.

What must I do? Limit physical access to records and files Verify the identity (check the ID) of a person receiving records or information Become familiar with who needs to know what kind of information Contact the Registrar’s Office any time you are uncertain!

What must I not do? Release information over the telephone, even to the student Release information via email unless to a Pacific email account Provide ANY INFORMATION to anyone other than the student, unless you have a signed release or consent form, or the person has a legitimate educational need to know Allow graded papers or exams to be viewed by anyone other than the student Post grades in such a way that anyone other than the student can tell the grade Serve as a reference via letter or telephone without a student’s written consent Help a frantic relative locate a student

What about parents and spouses? When a student reaches the age of 18, or begins attending a postsecondary institution regardless of age, FERPA rights transfer to the student Parents and spouses may obtain information only by obtaining a signed consent from their child/spouse

In a nutshell… FERPA gives students rights and universities responsibilities Education records are anything personally identifiable about a student that is maintained by Pacific, with some exceptions Directory Information is that which commonly is thought to not be a violation of privacy if it were made public The only people who legally have access to specific education records are those who have a legitimate need to have that information to do their jobs Parents and spouses have no right to student education records At Pacific, not even Directory Information is released outside of the University without a signed and dated release from that student If you have the slightest doubt, contact the Registrar’s Office!

Bottom Line…. Do I need this information to do my job? Keep confidential student information private and secure within the university Release NO student information to anyone outside of the university without a dated release signed by the student If you are uncertain or have questions, contact the Registrar’s Office

Questions??