FERPA for Colleges & Universities By Josiah Stephan, M.S. South Florida Bible College & Theological Seminary

What is FERPA? Family Educational Rights and Privacy Act The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to consent to the disclosure of personally identifiable information from education records, except as provided by law. When a student turns 18 years old, or enters a postsecondary institution at any age, the rights under FERPA transfer from the parents to the student (“eligible student”).

Personally Identifiable Information “Personally identifiable information” (PII) includes, but is not limited to: the student’s name; name of the student’s parent or other family members; address of the student or student’s family; a personal identifier, such as a social security number, student number, or biometric record; and, other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name.

Directory Information Information that can be released without written permission because it is not considered harmful or an invasion of privacy. This information is often released to banks, insurance institutions, potential employers and similar businesses. Includes: name, address, telephone listing, electronic mail address; date and place of birth; field of study; enrollment status (full-, part-time, undergraduate, graduate); degrees & awards received; dates of attendance;

Directory Information Directory information does not include: ethnicity or race gender nationality social security number student identification number religious affiliation grades or GPA course enrollment or schedule

FERPA and you. You are the guardian of student records and must adhere to FERPA. You can give non-directory student information to the Department Chair and to the student’s advisor. You CANNOT give non-directory information to anyone else, including the instructor of a course the student is enrolled in.

OFFICE TIPS Papers with PII information on it Discussions about students records or personal information Computer Screens Now we have TVs in some offices A spouse, friend, or parent of a student calls FERPA Consent to Release Information Form Populi

STUDENT WORKERS Are student workers covered under FERPA laws? (Are they able to access other student’s records?) YES! However, they follow the same guidelines as staff and are only allowed to access information relevant to their job duties. For example, a person working in billing would not need access to a student’s grades.

FERPA DON’TS Faculty members CANNOT leave graded course work in a box in the Department Office for students to pick up. Graded work must be returned to students individually. Faculty members CANNOT use the name, SS# or any part thereof when posting grades. If you have logged into Populi and you are leaving your office, DO NOT leave your session open, you must log out.

Simple Rules When in doubt, don’t give information out. Never give non-directory information to an outside agency. Call the Registrar’s Office if you have a question.

Question 1 If a student's parent calls asking how a student is doing in a class, can you give out that information?

NO Even though the person inquiring may be the student's parent, FERPA recognizes students in secondary education as adults, regardless of age. Therefore, you cannot discuss the students progress, grades, or any other non-directory information. General Rule: You must assume that the student is an adult who is entitled to privacy, even from parents.

Question 2 May an instructor leave graded materials in a pick up box in the Department Office for students to retrieve?

NO That is a violation of the privacy rule because it is inappropriate for students to have access to other students’ information. GENERAL RULE: You cannot leave personally identifiable materials in a public place, even in a box in the department office. Graded material must be returned to the student personally.

Question 3 An unauthorized person retrieves information from a computer screen that was left unattended. Under FERPA, is the institution responsible?

YES Information on a computer screen should be protected the same way as printed reports are. Computer programs with confidential information should be closed when you are not in your office and printed reports should be filed in a secure area and not left on your desk. General Rule: The medium in which the information is held is unimportant. No information should be left accessible or unattended, including computer displays.