FERPA: WHAT YOU SHOULD KNOW ILASFAA April 18, 2008 Amy Perrin Director of Financial Aid Elgin Community College

FERPA The Family Education Rights and Privacy Act (FERPA) of The Family Education Rights and Privacy Act (FERPA) of Also known as the Buckley Amendment Statute: 20 U.S.C. § 1232 (g) Regulation: 34 CFR Part 99

Who is Protected “Student” means any individual who is or has been in attendance at an institution. “Student” means any individual who is or has been in attendance at an institution. Does not apply to records of applicants who are denied admission or who do not attend. Does not apply to records of applicants who are denied admission or who do not attend.

Primary Rights of Students under FERPA Right to inspect and review education records. Right to inspect and review education records. Right to seek to amend education records. Right to seek to amend education records. Right to have some control over the disclosure of information from education records. Right to have some control over the disclosure of information from education records. Right to file a complaint with the U.S. Department of Education. Right to file a complaint with the U.S. Department of Education.

FERPA’S Application FERPA applies to each educational agency and institution that receives funds under any program administered by the Secretary of Education. FERPA applies to each educational agency and institution that receives funds under any program administered by the Secretary of Education. “Educational institutions” means: schools or other entities that provide educational services and are attended by students. “Educational institutions” means: schools or other entities that provide educational services and are attended by students. “Educational agencies” means: entities that are authorized to direct and control public elementary, secondary, or postsecondary institutions. “Educational agencies” means: entities that are authorized to direct and control public elementary, secondary, or postsecondary institutions.

What are Educational Records Those records directly related to a student AND Those records directly related to a student AND Maintained by an educational agency or institution or by a party acting for the agency or institution Maintained by an educational agency or institution or by a party acting for the agency or institution Educational Records can be stored in any medium (fax, print, video, etc) Educational Records can be stored in any medium (fax, print, video, etc)

Education Records Do Not Include: Sole possession records. Sole possession records. Records created and maintained by a law enforcement unit for a law enforcement purpose. Records created and maintained by a law enforcement unit for a law enforcement purpose. Employment records (except for student who are employed as a result of their status as a student). Employment records (except for student who are employed as a result of their status as a student). Medical records Medical records Alumni Records Alumni Records

What are the Basic Rules? Student educational records are considered confidential and may not be released without the written consent of the student. Student educational records are considered confidential and may not be released without the written consent of the student. Some information is considered public (Directory Information) and may be released without written consent. Directory information is established by the college. Some information is considered public (Directory Information) and may be released without written consent. Directory information is established by the college. You have access to information only for legitimate use in completion of your responsibilities as a college employee. You have access to information only for legitimate use in completion of your responsibilities as a college employee.

Directory Information: No consent required Information not generally considered harmful or an invasion of privacy if disclosed. Information not generally considered harmful or an invasion of privacy if disclosed. Includes, but is not limited to: Includes, but is not limited to: Name, address, telephone listing, electronic mail address Date and place of birth, photographs Participation in officially recognized activities and sports Field of Study Weight and height of athletes Enrollment Status Degrees and awards received Dates of Attendance Most Recent Previous school attended. Grade Level

ECC Definition of Directory Information: Student Name Student Name Address Address Dates of Attendance Dates of Attendance Major Major Degree/certificates earned Degree/certificates earned Awards and honors earned Awards and honors earned Height and weight of athletes Height and weight of athletes Enrollment status Enrollment status

Can Directory Information be Released to Anyone Who Requests It? NO: if the student has requested that directory information be withheld. NO: if the student has requested that directory information be withheld. YES: if the student has not requested that directory information be withheld. YES: if the student has not requested that directory information be withheld.

Avoid Violations by Never: Using SSN in public Using SSN in public Using the entire SSN of a student in a public posting for grades or list name in alpha order Using the entire SSN of a student in a public posting for grades or list name in alpha order Linking the name of a student with a SSN in public Linking the name of a student with a SSN in public Leaving graded exams in a stack for students to pick up by sorting through others papers Leaving graded exams in a stack for students to pick up by sorting through others papers Circulating a printed class list with student name and SSN/grades as an attendance roster Circulating a printed class list with student name and SSN/grades as an attendance roster Discussing the progress of any student with anyone other than the student without written consent Discussing the progress of any student with anyone other than the student without written consent Accessing student information you do not have a legitimate interest in knowing for your job Accessing student information you do not have a legitimate interest in knowing for your job

Avoid Violations Continued… Providing student schedules to third party or helping find a student on campus Providing student schedules to third party or helping find a student on campus Leaving student information visible on desks and computers Leaving student information visible on desks and computers Leaving student information unlocked Leaving student information unlocked Leaving protected information on a student’s voic Leaving protected information on a student’s voic Leaving student information in trash (shred it) Leaving student information in trash (shred it) Assuming the person you are speaking/ ing is the student. Verify or don’t give information out. Assuming the person you are speaking/ ing is the student. Verify or don’t give information out.

When is Prior Consent NOT Required (The Exceptions) To school officials with legitimate education interests To school officials with legitimate education interests To schools in which a student seeks or intends to enroll To schools in which a student seeks or intends to enroll To Federal, State, and local authorities conducting an audit, evaluation, or enforcement of education programs To Federal, State, and local authorities conducting an audit, evaluation, or enforcement of education programs In connection with financial aid In connection with financial aid To organizations conducting studies on behalf of educational institutions To organizations conducting studies on behalf of educational institutions To accrediting organizations To accrediting organizations To parents of a dependent student To parents of a dependent student To comply with a judicial order or subpoena To comply with a judicial order or subpoena In a health or safety emergency In a health or safety emergency

Without Prior Consent Continued Directory information Directory information To the student To the student Results of disciplinary hearing to an alleged victim of a crime of violence Results of disciplinary hearing to an alleged victim of a crime of violence Final results of a disciplinary hearing concerning a student who is an alleged perpetrator of a crime of violence and who is found to have committed a violation of the institution’s rules or policies Final results of a disciplinary hearing concerning a student who is an alleged perpetrator of a crime of violence and who is found to have committed a violation of the institution’s rules or policies To parent of student under 21 if the institution determines that the student has committed a violation of its drug or alcohol rules or policies To parent of student under 21 if the institution determines that the student has committed a violation of its drug or alcohol rules or policies

When In Doubt… Don’t give information out. Don’t give information out. Refer students to the Registrar Refer students to the Registrar Any Questions? Any Questions?