CSI (Crummy Situations Investigation): FERPA Case Studies Presented by Sheri C. Kallembach University Registrar DeVry University Illinois Association of Collegiate Registrars and Admissions Officers October 24, 2007

CSI: FERPA Case Studies Crummy Situations Investigation, commonly referred to as CSI, is a popular, IACRAO Award winning session that trails the investigations of a team of registrars, admissions directors and affiliated staff as they unveil the circumstances behind mysterious and unusual FERPA state of affairs. Each CSI team will assess the evidence, and use FERPA tools and procedures to resolve their assigned case studies.

Ready to Face Reality? Divide into groups and discuss assigned case studies. Apply FERPA guidelines to case studies and determine most appropriate response. Identify a group member who will take notes and present findings to rest of participants.

RESPONSE TO CASE #1 No, you do not need a student’s written permission to release information if the release is related to an application for a form of financial aid such as a scholarship, internship or other application involving some form of financial aid for which the student has applied, or has received. One of the four conditions must apply as found under section Under what conditions is prior consent not required to disclose information? (4) (i) The disclosure is in connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to: (A) Determine eligibility for the aid; (B) Determine the amount of the aid; (C) Determine the conditions for the aid; or (D) Enforce the terms and conditions of the aid. (ii) As used in paragraph (a)(4)(i) of this section, “financial aid” means a payment of funds provided to an individual (or payment in kind of tangible or intangible property to the individual) that is conditioned on the individual’s attendance at an educational agency or institution.

Schools can notify parents of students under the age of 21 or who are claimed as a “dependent student” regardless of their age who are found violating policies about alcohol or drugs. FERPA was amended in 1998 to allow such disclosures. See section 99.31(a)15 of the FERPA regulations. RESPONSE TO CASE #2

RESPONSE TO CASE #4 Registered sex offenders must provide notice, as required under State law, of each institution of higher education where they are employed or enrolled. Nothing in FERPA prevents educational institutions from disclosing information concerning registered sex offenders. (see Disclosure of Education Records Concerning Registered Sex Offenders, October 24, 2002, s/ht html) s/ht html

RESPONSE TO CASE #5 See Letter to St. Thomas Aquinas College, (106 LRP 31577) (FPCO 2006). Cannot release the student’s name to the service without the student’s consent. The student papers may be released to the company without written consent if student’s name is removed. Could assign a code known only to the instructor and student. (Campus Legal Advisor, Volume 6, Issue 11, July 2006, p. 8)

RESPONSE TO CASE #8 (see Guidance Regarding Disclosures to the Census Bureau letter at co/hottopics/ht html) co/hottopics/ht html

RESPONSE TO CASE #9 Yes, because the SSA OIG is not a federal or state educational authority. The registrar would need a lawfully issued subpoena or the written student’s consent to release the information.

RESPONSE TO CASE #11 Nothing in FERPA prohibits a school official from sharing with a student’s parents information that is based on that official’s personal knowledge or observation and that is not based on information contained in an education record. Therefore, FERPA would not prohibit a professor or other school official from letting a parent know of their concern about their son or daughter that is based on their personal knowledge or observation. (see June 7, 2007 Disclosure of Information from Education Records to Parents of Postsecondary Students; ht-parents-postsecstudents.html) ht-parents-postsecstudents.html

Important Resources Family Policy Compliance Office, U.S. Department of Education; Telephone number AACRAO, CLHE, LRP publications

Questions? Sheri C. Kallembach University Registrar DeVry University NOTE: The information presented in this presentation is intended to give general information about the Family Educational Rights and Privacy Act of 1974 as Amended and to acquaint conference attendees with some of the privacy issues surrounding students’ education records. It is not intended as nor is it a substitute for legal advice on any particular issue.