FERPA Refresher Training Start

Page 2 of 11 Copyright © 2006 Arizona Board of Regents FERPA Refresher Training What is FERPA FERPA stands for Family Educational Rights and Privacy Act and is also known as the Buckley Amendment in honor of its sponsor Senator James Buckley. FERPA protects the privacy of student education records. FERPA applies to all educational agencies or institutions that receive funds under any program administered by the Department of Education. FERPA applies to ALL students formally admitted to and registered for at least one class at Arizona State University.

Page 3 of 11 Copyright © 2006 Arizona Board of Regents FERPA Refresher Training Student Rights The right to inspect and review the students education records within 45 days of the day the university receives a request for access. The right to request the amendment of the students education records that the student believes are inaccurate or misleading. If the university decides not to amend the record as requested by the student, the university will notify the student of the decision and advise the student of his or her right to a hearing about the request for amendment. The right to consent to disclosures of personally identifiable information contained in the students education records, except to the extent that FERPA authorizes disclosure without consent. The right to file a complaint with the U.S. Department of Education concerning alleged failures by Arizona State University to comply with the requirements of FERPA. FERPA affords students certain rights with respect to their education records. They are:

Page 4 of 11 Copyright © 2006 Arizona Board of Regents FERPA Refresher Training Student Education Record An Education Record is any record(s) directly related to a student and maintained by Arizona State University or by a party acting for the university. This includes any information or data recorded in any medium, including, but not limited to: handwriting, print, tapes, film, microforms, and electronic media. It is safe to assume a record is protected unless there is a specifically articulated exception. Once it is determined that a record is an "education record" protected by FERPA, the faculty and staff may not access that record unless a legitimate educational interest is present.

Page 5 of 11 Copyright © 2006 Arizona Board of Regents FERPA Refresher Training Example of Student Education Record: Financial aid records Grades, test scores, evaluations, courses taken, academic specializations and activities A printout of what a student has purchased in the university bookstore with his/her SunCard A computer generated list of library books checked out by a student A list of web sites accessed by the student from an ASU computer

Page 6 of 11 Copyright © 2006 Arizona Board of Regents FERPA Refresher Training FERPA Rules about Education Record Faculty and staff generally may not see a student's education records without first identifying a legitimate educational interest or one of the other exceptions under which records may be reviewed. The student has a right to access and review his/her records. All education records are confidential (except directory information in most cases) and may not be disclosed unless the student consents or the request fits one of the exceptions. The parent of a university student is not generally entitled to receive information about the student, even if the student is younger than 18 years old. The parent of a dependent student may file an Affidavit of Dependency for the Release of Records with the Registrars Office.

Page 7 of 11 Copyright © 2006 Arizona Board of Regents FERPA Refresher Training Students Access Their Education Records Students should submit to the registrar, dean, head of the academic department, or other appropriate official, written requests that identify the record(s) they wish to inspect. Students accessing education records or receiving university services must provide proof of identification. Students may access the information through ASU interactive using his/her ASURITE UserID and password.

Page 8 of 11 Copyright © 2006 Arizona Board of Regents FERPA Refresher Training Records Released Without Consent A school official* with legitimate need to know Auditor Emergency official Court-issued subpoena Directory information Disclosure to lending agencies and government officials in connection with financial aid *A school official is a person employed by the university in an administrative, professional, supervisory, academic, research, or support position; staff in the Alumni Association and ASU Foundation offices; a person or company with whom the university has contracted (such as an attorney, auditor or collection agency); a person serving on the Board of Regents; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. There are 13 exceptions under which FERPA allows, but does not require, release of educational records without student consent. Listed are the most common exceptions:

Page 9 of 11 Copyright © 2006 Arizona Board of Regents FERPA Refresher Training FERPA does NOT protect: Faculty and staff personal records about the student that are not shared with others and that are not placed in the students file. Medical and counseling records Security records kept for law enforcement purposes

Page 10 of 11 Copyright © 2006 Arizona Board of Regents FERPA Refresher Training Enforcement All federal funds, regardless of source or purpose are put in jeopardy when FERPA is violated. The penalty is not against the individual, but against the institution. Generally the approach of the Family Policy Compliance Office has been to help institutions come into compliance, not to impose sanctions.

Page 11 of 11 Copyright © 2006 Arizona Board of Regents FERPA Refresher Training Contact Information Students are encouraged to first contact the University Registrars Administrative Office at the Tempe campus Student Services Building, 144 (480) A complaint may be filed with the Department of Education at the following address: Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, DC, Exit ASU FERPA policy Note: This is the end of the presentation. For more information about FERPA at ASU, click the above links. To take the FERPA test, click the forward arrow in the upper right corner.