Darrin Rooker, MS NYSFAAA President Student Data Sharing Darrin Rooker, MS NYSFAAA President

Student Data Sharing What we will discuss Why has this become an issue What laws and guidance apply Look at some case studies

Why is it an issue Heightened Public/Government Awareness Increasing identity theft Credit theft Tax refund and information thefts Questions of who has control over data Personal privacy (Facebook)

What is PTAC? Privacy Technical Assistance Center Office within the US Dept. of Ed Established in regulation 2011

Timeline July 2016 NASFAA Whitepaper Fall 2016 PTAC session at the FSA Conference (Atlanta) January 2017 PTAC releases data sharing guidance June 2017 NASFAA updates its July 2016 Whitepaper Fall 2017 PTAC session at FSA Conference (Session 35) January 2018 Gen 1-12: Cybersecurity Compliance(FAQ) March 2018 FY-2018 Federal Budget

ISAR Data Whose data is it? Who ultimately controls its use? The Student The School The U.S. Department of Education

The Laws Higher Education Act of 1965 (HEA) Schools Participation Agreement with the Dept. Student Aid Internet Gateway (SAIG) Agreement Family Educational Rights and Privacy Act (FERPA) Federal Privacy Act FY 2018 Federal Budget

Higher Education Act • The HEA is probably the most relevant and restrictive of the three laws, when it comes to financial aid office data. The Higher Education Act statute states that FAFSA data may only be used for application, awarding and administration of aid awarded under the Title IV HEA, State and Institutional Aid programs.

What information is protected? Individual FAFSA question responses ISIR data EFC (Including “Financial Need” amount) Pell Eligibility Award amounts (Pell, FWS, Loans) Disbursement Information (COD – NSLDS)

Family Educational Rights and Privacy Act (FERPA) Governs the use and discloser of all education records. Probably most associated with: Academic records (Grades, Standards of Progress, Academic standing…) Student Demographic Information Person must have a Legitimate Educational Interest to utilize data Student permission to release must be written and specific; to whom and what records

Privacy Act Governs government agencies sharing information (including between agencies) Information can only be shared for its original intended purpose. Income Tax (DRT) example: DOE – IRS

FY 2018 Federal Budget Release of FAFSA data allowed Student’s explicit written consent Scholarship granting or tribal organizations Federal Budget language remains in affect until next HEA reauthorization

What is PII? Personally Identifiable Information Name, social security number, date and place of birth, mother's maiden name, or any other information that is linkable to identify an individual PII determines if the HEA, FERPA and Privacy Act apply

Access Exceptions Exceptions to need for written release of all Personally Identifiable Information (PII) Auditors - Accreditors College administrators with a legitimate educational purpose Standards of Academic Progress Awarding/Administration of Aid

Case #1 Can an institution generate and publish de-identified, aggregate statistics using FAFSA®/ISIR data about students receiving financial aid? 

Case #2 Can a financial aid office share FAFSA®/ISIR data with institutional staff responsible for analyses, audits, or evaluations at the institution (e.g., an Institutional Research Office)? 

Case #3 Can an institution use financial aid information provided by a student on the (FAFSA®) to recruit a student who has not yet enrolled or tried to enroll at the institution?

Case #4 Can an institution provide de-identified student financial aid data obtained directly from NSLDS® to a researcher not affiliated with the institution?

Case #5 Can an institution provide FAFSA®/ISIR data to third-parties (e.g., scholarship organizations or State assistance agencies)?

Sources PTAC website: studentprivacy.ed.gov Q&A: Guidance for use of financial aid information program evaluation and research (January 2017) Email: PrivacyTA@ed.gov. Sign up for listserv IFAP website: ifap.ed.gov FSA Conference: Session Recording Videos, Session 35 NASFAA website: www.nasfaa.org Financial Aid Data Sharing (2017 whitepaper)