FERPA BASICS Family Education and Privacy Act of 1974

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Presentation transcript:

FERPA BASICS Family Education and Privacy Act of 1974 Office of the Registrar Park University 2016

Family Educational Rights and Privacy Act (1974) FERPA Family Educational Rights and Privacy Act (1974) Protects privacy of students’ educational records Applies to all educational agencies or institutions that receive funds from the Department of Education Enforced by the Family Policy Compliance Office of the United States Department of Education A P R E F

What does it require? notify students annually of their FERPA rights protect students' rights to inspect and review their educational records protect students' rights to request amendment to their educational records protect students' rights to limit disclosure of personally identifiable information contained in education records ensure that third parties do not redisclose personally identifiable information keep records of request for and disclosures of student education records in specific situations

Definitions Student Educational Records Individual attending at an educational institution Protection begins once begin enrollment in first course Prior to this---applicant---not subject to FERPA Considered independent student regardless of age once accepted into institution of higher learning Educational Records Records directly related to a student and are maintained in any way by an educational institution Can be handwritten, video, audio, email, microfilm, electronic document

Class lists Financial Records All are considered Educational Records email Financial Records All are considered Educational Records Payroll for work study students Any document placed in the student electronic file. Any hardcopy documents maintained on a regular basis by any staff or faculty member. Grades Mailed communications Voice messages or recorded calls Disciplinary Records Class lists

NOT Educational Records Sole possession records Law enforcement records Employment records (outside of work study) Medical records FERPA Alumni records

FERPA All about protection of privacy And ensuring accuracy of educational records

Directory Information Able to release Student must be given the opportunity to opt out Park’s directory information listed in the Undergraduate catalog Student’s name, address, telephone, Park email, place of birth, photograph Participation in official activities Height and weight Full time or part time status, degree and awards received, grade level, field of study, dates of attendance, recent institutions attended

Personally Identifiable Information Not to be released it may be harmful or an invasion of privacy Student’s name Family member’s names Address of family members Social Security Number or Student ID number Indirect identifiers like date and place of birth or mother’s maiden name Information that alone or in combination would specifically identify a student without a reasonable doubt

A student must be given the opportunity to opt out of directory information Must contact the Office of the Registrar in writing Hold for release of information will remain until student asks for it to be released Does not become released upon graduation Don’t say that

Options ADDR Name, Address Only BRTH Birthday and sex only PHON Name, Address, and Phone TOTL Name, Address, Birthdate, Degree

MyPark FERPA Restriction No privacy hold on account Exclamation points indicate there is a FERPA hold of some type on the student. You must contact the Registrar’s Office for more detailed information if you do not have access to CX to view type of hold demonstrated in previous screen shots.

Except when Students can fill out an Authorization for Release of Information available online requesting certain individuals to have access http://www.park.edu/registrar/forms.html Must be able to reasonably verify identity of individual requesting information Authorization asks for security question response VERIFY THEY ARE ALLOWED TO RECEIVE INFORMATION

Need pen to paper Signature on this form from the student

Ask the questions The form contains security questions If the student filled out a question to ask you must ask the appropriate question and wait for the correct response. If the correct response is not provided, you cannot release the information.

Exceptions Can release information to the following without prior consent from student Organizations conducting studies on behalf of educational institution Accrediting organizations To comply with judicial order or lawfully issued subpoena Appropriate persons in instances of health or safety emergency Directory information To the student or person listed on Authorization of Release School officials with legitimate educational interest ***parent of a dependent student Park does not recognize this status so do not release information to parent unless listed on Authorization form

May vs Must FERPA states may release information Does not require release of information When in doubt don’t give it out No matter what immediacy is being stressed, take time to research. Ask someone else if information should be released. If questionable and do release information, make a notation in the student’s file. Who released information to, date of release, reasoning of release

Your Role Institutions are required to use reasonable methods for identifying authorized individuals prior to disclosing educational records Secure sensitive information Lock your office/desk, don’t leave information setting about, password protect electronic files, log off computer before you leave it, use blackout screens for monitors Delete files you do not need to maintain Do not include Social Security Number in the subject line of an email

No Social Allowed As of 2008 IRS regulations and 2009 FERPA regulations 99.37(e): A social security number cannot be used to identify a student when disclosing or confirming directory information Do not ask for a social or ask to confirm social in order to verify identity

What would you do? Test your knowledge with these scenarios:

Scenario Accounting A man calls identifying himself as Mr. Bills. He indicates that his daughter attends Park University and is paying her tuition bills. He notes that $2000 is high for tuition. You look into the daughter’s account and note that the term’s bill is actually $700. You ask Mr. Bills for a copy of the bill. When it arrives you note that it has been altered. What is your response to Mr. Bills?

Accounting Response First step, see if Authorization for Release is in the student’s file. If father is permitted to receive information, discuss the matter with him. If the father is not permitted to receive the information Give him an average cost per class. Give the father general information about any other fees that may have been charged Notify the father you are not permitted to release specific information but you would be happy to discuss with the daughter

Scenario Investigator A person walks into your office stating they are an investigator. They ask for transcripts and whether a student had disciplinary actions in the record. What are you to do?

Scenario Investigator Response All government investigators are to show proper identification. A release of information signed by the student should be presented. A copy of the release of information should be placed in the student’s file. Information can be released to approved 3rd party vendors. Veteran’s Affairs representative, National Clearinghouse Representative

Alumni Affairs Scenario A major donor has a grandson attending Park University. Prior to release of funds he is asking for a transcript with grades for his grandson. The donor is funding the building of new classrooms and the President is requesting the information from you. How would you respond?

Alumni Affairs Response You are not permitted to release student educational records without authorization from the student. You could personally contact the student and ask for permission. If refused, cannot release information. Remind the donor that this is to protect the privacy of his grandson. You are permitted to release information to authorized school officials (this would include the President). But, they are not permitted to pass it along to unauthorized persons without prior permission from the student.

Grades scenario A current student calls wanting to know what they obtained in the last class attended and what their current GPA is. How would you respond?

Grades Response Grades and GPA should not be given over the phone. Identification cannot be verified appropriately to release such information over the phone. Alternatives: Ask the student to log in to My.Park.Edu to view an unofficial transcript If not a current student, an unofficial transcript can be requested for free.

Emergency Scenario A parent calls the school concerned the student has not responded to phone calls in days and was suicidal. Student Life contacts the Registrar for the student schedule and contact information. Then, Student Life contacts the faculty members to see if the student has been attending classes. Can information be provided?

Emergency Response Student Life would be an authorized school official. They are researching student information for legitimate educational need and have an immediate health and/or safety concern for a student. The Registrar’s Office and the faculty member should provide the necessary information.

Take Home When in doubt, don’t give it out Take time to research if you ever have questions Work with other schools to verify identification if a student is not located near you FERPA says MAY not MUST

Contact Information Office of the Registrar Melissa Geier Registrar 816-584-6275 registrar@park.edu

Thank you