Managing Student Records Legally and Effectively Tiffany Hogue Provost’s Office Spring 2009

Family Educational Rights & Privacy Act (FERPA) What is it? Why was it enacted? Who is covered? WHAT? nation’s main education-privacy law; Requires colleges to obtain students’ consent before releasing their records, except in special circumstances Why? To protect students’ educational records. Actually created to protect k-12 records Who: all of us – we’re all university officials; student workers can even be included if they’re acting as “univ. officials”

The Three Main Provisions College students, generally, have the right to: control the disclosure of their records to others; inspect and review their records; seek amendment of their records.

Additionally… students have the rt. to complain

“Educational Records” Any documents or records directly related to the student that are maintained by the institution or by a party acting on behalf of the institution. “Any information recorded in any way”—medium is irrelevant.

“You might be a FERPA-protected record if....” Paper Files Electronic documents Email-directly related to student Databases Class lists Student Account Information Grade files Class rosters Exams Student Schedules Transcripts But not: medical, law enforcement, or alumni records.

Two new exceptions peer-graded papers sex offender information not record until passes back to teacher can give out info if student lives on campus

Directory Info (excluded from FERPA) Name Address Telephone number Email address Dates of attendance Classification Major Honors Degrees conferred

Disclosure of educational records Okay if: Student has consented to disclosure or law provides exception that permits disclosure w/out student’s consent. This is the floor. Baylor can be more restrictive (we don’t have to give records to parents of dependents; we may)

FERPA Consent Form Who – For students and Baylor employees What – Specific information listed on Consent Form When – Before you can speak to third party persons listed on Consent Form Where - Registrar’s Office (RT, 3rd floor)

Consent Forms Must specify the: records to be disclosed the purpose of the disclosure the persons to whom they may be disclosed

Exceptions to Consent Requirement Directory information Univ. officials w/ “legitimate educational interests” Judicial order or subpoena Drug or alcohol violation if student is under 21 Health or safety emergency Student does have right to suppress dir. info. Note that directory info includes student id number. That number alone won’t get anyone anything. *Virginia Tech. But note that every suicide ideation doesn’t merit disclosure

Health/safety emergency “articulable and significant threat to the health or safety of a student or other individuals” “the Department will not substitute its judgment for that of the . . . Institution. . ..” Must record nature of threat and disclosure details details: party to whom disclosure was made

“Need to Know” Principle Before accessing or releasing any non-directory information to a Baylor employee, ask: As part of my assigned duties, do I have a legitimate need to know the information? Does the person requesting the information have a legitimate need to know this information?

Once Need is Established. . . Use information wisely. Keep your passwords confidential. When viewing records, keep private. If printing, go directly to printer to retrieve. Log off system when through.

New: id and authenticate “an educational . . . institution must use reasonable methods to identify and authenticate the identity of . . .parties to whom the institution discloses personally identifiable information from educational records” There is flexibility; not req’d to eliminate all risks; can do cost-benefit analysis

Be smart the DOE is not pleased with accidental or negligent disclosures Consider: encryption locked file cabinets limited users

When in doubt . . . Don’t share the information.

Parental Request for Grades Use FERPA Consent Form. Reinforce each year to your faculty. Otherwise, we look inconsistent. If parent has been able to talk to several of students’ faculty members over the years, and then all of the sudden they call me to talk about an appeal, and I can’t discuss details, it looks like we don’t have our act together.

Timeline for Keeping Student Records Grades and attendance: 3 years Papers, exams, and assignments: 1 semester after class is over Leaving the university? Give info. to chair. Shred all outdated records.

Academic Appeals Often requires use of your records from previous semesters and good understanding of FERPA. Respond to student in writing. If you’ll be out of town, put that on voicemail and email.

Anecdotal Notes Any notes made are subject to review by student. If review is requested, cannot destroy notes until student has reviewed.

Points To Remember “Need to know” principle. When in doubt – don’t share it. Maintain your records. Call with questions. Wesley Null (x6120) David Alexander (x3821)