FERPA, Title IX, and Title IV Conflicts

Agenda FERPA Scenarios Title IX Discussion

What is FERPA? Family Educational Rights and Privacy Act of 1974, as amended Protects the privacy of student records Governs the disclosure and access to student records (K-12 schools and postsecondary)

Primary Rights Inspect and review their education records Have some control over the disclosure of their information Seek to amend incorrect education records

Protection Who is protected under FERPA? Who is NOT subject to FERPA? Education records of students who are currently enrolled or formerly enrolled regardless of age or status. Who is NOT subject to FERPA? Education records of students who have applied but not attended an institution Deceased students

Educational Records Education records are defined as records that are: Directly related to the student, and Maintained by an educational agency or institution or by a party acting for the agency or institution, if certain conditions are met. Education records are not: sole possession records, law enforcement unit records, employment records, medical records, or post-attendance records.

Link to our Disclosures http://web3.muw.edu/disclosures/ferpa Example: MUW Link to our Disclosures http://web3.muw.edu/disclosures/ferpa DIRECTORY INFORMATION: Name Addresses Telephone number Date and place of birth Major field of study Participation in officially recognized activities Dates of attendance, to include but not limited to dates of withdrawal, dates of re-admittance, and dates of graduation Enrollment status (e.g. undergraduate or graduate; full-time or part-time) Degrees, honors and awards received Most recent educational agency attended by the student E-mail addresses

Scenario 1 What should you give them? You work in the Financial Aid Office. You are talking with a member of an alumni group. They are establishing a new scholarship to be offered to students from their local area who are attending your institution. The evaluation of the applications will be done by a scholarship board from the alumni group. The Alumnus has asked you for the names, addresses and GPAs for all the currently-enrolled students from that area. What should you give them?

Scenario 1 Since the alumni are not employees of the institution, generally, they are unable to be provided personally identifiable information from student records. Therefore, you should only release directory information to them. However, if students applying for financial aid have given written permission to release information to third parties in reviewing all their financial aid opportunities, you could release their information.

Scenario 2 How would you respond to your colleague? The director of financial aid comes to you and asks for your interpretation of when parents can/cannot see a student’s education record. She says that she had just attended a financial aid workshop where FERPA had been discussed. The college lawyer who made the presentation told them that dependency “had nothing to do with it unless the student is under 18. If the student is over 18, s/he has the right to the educational record, not the parents. If the student chooses to waive that right and let college administrators release that information, that’s up to the student. Otherwise, we cannot disclose anything from the education record without the student’s permission.” How would you respond to your colleague?

Scenario 2 The lawyer is partially correct. FERPA rights pass to the student at age 18 or when s/he begins attending a college/university. Parents have only those rights of access that the student or institution gives to the parents. In general, if the parents prove legal dependency (IRS standard, not financial aid standards), the institution may provide access to the parents.

Title IX

What is Title IX Title IX of the Education Amendments of 1972 Protects people from discrimination based on sex in education programs or activities which received Federal financial assistance Enforced by the U.S. Department of Education’s Office for Civil Rights (OCR)

What is Title IX “No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

Scope of Title IX Applies to institutions who receive federal financial assistance from ED (16,500 local school districts; 7,000 postsecondary institutions; charters schools; for-profits schools; libraries; museums; vocational rehabilitation agencies and educational agencies within the 50 states, D.C., and territories & possessions of the US.) Educational programs and activities which receive ED funds must operate in a non-discriminatory manner.

Scope of Title IX Retaliation for opposing an unlawful educational practice or policy, or made charges, testified or participated in any complain under Title IX is strictly prohibited. Any retaliation is considered a violation of Title IX.

Key Issues Recruitment, Admissions, and Counseling Financial Assistance Athletics Sex-based Harassment Treatment of Pregnant and Parenting Students Discipline Single-sex Education Employment

Institutional Impact Retention Legal Liabilities Reputation Demands on fiscal resources Demands on human resources Safety concerns for the community

Scenario 1 Your financial aid office is reviewing all scholarships that are offered at your institution. You notice a scholarship that does not allow students with children to apply. Should your office be concerned about this scholarship?

Scenario 2 You are serving on your financial aid appeals committee. A student has requested to appeal the loss of her financial aid but does not provide supporting documentation. This student left mid-semester due to a Title IX investigation. Do you treat her as a special case or as you would all students?

Discussion What are some cases you have dealt with for Title IV purposes which introduced FERPA and Title IX concerns?

Questions? Sirena Cantrell, Dean of Students slcantrell@muw.edu Tammy Prather, System Projects Coordinator tsprather@muw.edu