1 GRAND VALLEY STATE UNIVERSITY FAMILY EDUCATIONAL RIGHTS & PRIVACY ACT (FERPA) TRAINING OFFICES OF THE REGISTRAR AND UNIVERSITY COUNSEL JANUARY 20, 2009

2 What is FERPA? FERPA stands for Family Educational Rights and Privacy Act (also known as the Buckley Amendment). Passed by Congress in 1974, the Act grants four specific rights to the postsecondary student: To see the information that the institution keeps on the student To seek amendment to those records and in certain cases append a statement to the record To consent to disclosure of his/her records To file a complaint with the FERPA Office in Washington, D.C.

3 Brief History of FERPA Introduced to Congress by Senator James Buckley of New York. Co-sponsored by Senator Claiborne Pell. Enacted in 1974 as a response to blatant disregard for student privacy. Now the predominant legal consideration in dealing with student records.

4 Life before FERPA Post cards were used to notify students of their final grades or to notify students of academic probation or dismissal Results of tests handed out by students or were announced by professor Everybody had access to review a student’s record Parents could see the files of their son/daughters – did the Registrar ask to see an ID before giving information?

5 How FERPA has changed our lives Subpoena only to access non-university officials Restricted access to files Students can review their files – nothing is sacred if placed into their file File includes paper or electronic How long do you keep the files Universities must place “confidentiality” warning onto to a student’s record ensuring any information about the student is disclosed or released

6 Immediate impact of FERPA K-12 institutions had to decide whether to destroy the old permanent records or make them available to students and their parents. Institutions of higher education had to take immediate steps to safeguard the privacy of their student records.

7 Why should I care about FERPA ? As a faculty or staff member, you have a legal responsibility under FERPA to protect the confidentiality of student education records in your possession.

8 How does FERPA affect release of student information ? Student education records (other than directory information) are considered confidential and may not be released without the written consent of the student unless such action is covered under exceptions permitted by the act.

9 What is Directory Information? Directory information is considered public by the university and can be released without the student’s permission. However, any student may ask to keep any or all directory information confidential by filing a written request with the Registrar’s Office. Students are notified via post card each year about FERPA and other key information

10 Examples of directory information Institutions may define what they consider directory information and they may choose not to define any information as directory information. GVSU defines directory information to include student’s name, local phone number, and address. This information is available on the “people finder.” Students at GVSU may request that their directory information be kept confidential.

11 What is an Education Record? An education record is any record that is directly related to a student and that is kept by the University or someone acting on behalf of the University. The medium in which the information is stored does not matter.

12 Examples of Education Records Personal information e.g. name, address, Social Security Number, University ID number, gender, race, citizenship, student photo etc. Enrollment records including class schedules Academic records such as exams, course papers, grades, GPA, transcripts etc Disciplinary records Financial records such as financial aid awards and accounts receivable Employment records of students who are employed as a result of their student status.

13 Examples of non Education Records Personal notes kept in the possession of the maker Campus law enforcement unit records Employee records other than records of those who are employed as a result of their student status Doctor-patient privilege records Alumni records

14 What student information is confidential? All information not defined by GVSU as directory or public information is confidential and may not be released without the prior written the consent of the student.

15 Can student educational records ever be released without student consent? FERPA allows disclosure of student education records without student consent in certain cases including but not limited to the following: Other GVSU employees who have a legitimate educational interest. First ask, do I need access to this student’s record in order to do my job? Parents of dependent students as defined by the IRS. Appropriate persons necessary in an emergency to protect a person’s health or safety Federal, state and local governmental officials for purposes authorized by law Individuals who have lawfully obtained court orders or subpoenas. (check with U. Counsel’s office when you receive a subpoena or search warrant before giving out information)

16 Parents have rights??? FERPA permits parental access to a student’s education records if the student signs a written consent, or if the parent provides documentation showing that the student is recognized as a dependent for Federal income tax purposes.

17 FERPA Rules to live by DO NOT Access the records of any student for personal reasons Discuss the progress of any student with anyone other than the student (including parents) without the student’s consent. Use the Social Security or University ID numbers of a student in a public posting of grades or any other information. Provide anyone with student schedules or lists of students enrolled in your classes for any purpose. Include confidential information in a recommendation letter without the written consent of the student. Leave graded tests or papers in a stack for students to pick up by sorting through them.

18 FERPA rules to live by DO Protect student records. Securely store confidential information and do not leave confidential information displayed or accessibly on an unattended computer. Shred or properly dispose of all student records that no longer need to be retained. (see record retention policy) Contact the Office of the Registrar if you have any questions about the release of student records.

19 I want to learn more University of Michigan The Catholic University of America's Office General Counsel office US dept of Education a direct link to the Federal Register pdf with the final FERPA regulations GVSU University Counsel Office