The Family Educational Rights and Privacy Act of 1974 FERPA Presented by Chris Melton, Shoreline Community College

What is FERPA? FERPA stands for the Family Educational Rights and Privacy Act, which was passed in 1974, also known as the Buckley Amendment. Protects the privacy of student records Provides students access to (and amendment of) their records Applies to any higher education institutions that receive Federal funds from the Department of Education

Who is protected under FERPA? All students who have been admitted and registered, including former students, are protected under FERPA FERPA does not apply to deceased students

What are students rights? The mini version is: The right to be informed and inspect their educational records The right to request amendment to them and challenge their accuracy The right to prevent unauthorized disclosure of their records The right to complain to the Dept of Education if they feel their FERPA rights have been violated The right to waive their rights in writing if they wish

Do parents have any rights? It’s at the college’s discretion whether or not to disclose information from their son or daughter’s educational records. Many colleges do not disclose information to parents unless the student gives prior written consent.

What are educational records? Educational record refers to any record that is directly related to the student and kept on file at the college. Includes typed, computer generated, videotape, audiotape, film, microfilm, and email.

Educational records do not include: Sole possession records Medical treatment record Employment records when the employment is not contingent on being a student Post attendance records

Directory information Information the college may disclose about a student Student name Dates of attendance Degrees awarded Honors Major or field of study Date of graduation Students have a right to refuse the release of any or all directory information

Opting out… Students have the option of refusing consent to release of directory information “Give no information” requests are generally initiated through the Registrar’s Office

Limiting disclosure… How do we know when to limit disclosure? According to FERPA any portion of the educational record or any personally identifiable information may not be released without the consent of the student

Personally identifiable information can be defined as: Any personal identifier, such as social security number or student number A list of personal characteristics that would make the student’s identity easily traceable, or Any other information that would make the student’s identification easily traceable

How do we know when to limit disclosure? Some examples of “personally identifiable information that may not be disclosed without prior consent include: Parents name Student/family address Citizenship/gender/marital status GPA Grades/exam scores/test scores/progress reports

When in doubt, don’t give it out!

Disclosure without student permission…. There are circumstances when disclosure is permitted without student permission: Other school officials with an educational need to know Agencies providing financial aid Accrediting organizations Health or safety emergency Department of Homeland Security Military recruiters IRS Dept of Veteran Affairs (vets benefits) Legally served subpoena USA Patriot Act

Written consent is necessary… If the college official will be disclosing or referring to educational records to someone other than the student, the official should get a written consent from the student Consult the Registrar’s Office for clarification and for specific requirements of written release

Be extremely cautious! When you are not speaking directly with someone you know to be the student On the phone In email When sending information electronically that may include information that could be personally identifiable to a student When speaking with parents/spouses/friends Check ID, unless the individual is known to you. \ (

That’s it! Questions?