FERPA Family Educational Rights and Privacy Act Presented by Bridget Blanshan Interim AVP for Student Affairs & Dean of Students Ext. 4935

FERPA Defined FERPA is a Federal Law that applies to all educational agencies and institutions that receive Department of Education funds FERPA is a Federal Law that applies to all educational agencies and institutions that receive Department of Education funds FERPA delineates rights and responsibilities to students and universities regarding student records FERPA delineates rights and responsibilities to students and universities regarding student records

FERPA & Student Rights Students have the right to access their educational records Students have the right to access their educational records Students have the right to request their records be amended Students have the right to request their records be amended Students have the right to some control over the disclosure of their records to third parties Students have the right to some control over the disclosure of their records to third parties

Transition Time! Rights assigned to parents in K-12 education transition to the student once the student enrolls in higher education

Pop Quiz Question 1 What about college students who aren’t 18 yet? Question 1 What about college students who aren’t 18 yet? Question 2 Question 2 Who holds the rights delineated by FERPA when a high school student is also enrolled in a community college?

Little Words Mean a LOT When reviewing FERPA, or any law, pay close attention to the little words like… When reviewing FERPA, or any law, pay close attention to the little words like…ShallMustMay

FERPA Vocabulary Words Student Student Any student enrolled in an institution of higher education Parent Parent Legally recognized parents and guardians or someone authorized to act in place of a parent

FERPA Vocabulary Words Educational Record Educational Record Any record (handwriting, print, tapes, film or other medium) maintained by a CSUSM staff member or agent of the university which is directly related to a student. Campus policy recognizes 4 types of exceptions Campus policy recognizes 4 types of exceptions

FERPA Vocabulary Words CSUSM Student Records & Custodians RecordCustodian Academic RecordDirector, Registration & Records Discipline RecordDean of Students Office Financial AidDirector, Financial Aid & Scholarships PlacementDirector, Career Center Student PayrollDirector, Human Resources Public SafetyChief of Police Not listed?Contact the Director, R & R

FERPA Vocabulary Words Legitimate educational interest Legitimate educational interest Conditions when faculty or staff members have a legal “right to know” the contents of a student’s record Conditions relate to student education, discipline and necessary student service OR health and safety issues Conditions relate to student education, discipline and necessary student service OR health and safety issues

FERPA – Student Rights Student Right #1 The right to access their educational records We must… Provide a student with an opportunity to inspect and review his or her education records within 45 days of receipt of a written request Provide a student with an opportunity to inspect and review his or her education records within 45 days of receipt of a written request Provide a student copies if they are unable to come to campus due to health issues or extended distances Provide a student copies if they are unable to come to campus due to health issues or extended distances Remove names of other students from information included in the student’s record Remove names of other students from information included in the student’s record

FERPA – Student Rights Student Right # 2 The right to seek to have records amended We must… Consider a request from a student to amend information in his or her records Consider a request from a student to amend information in his or her records Hold a hearing on the matter if the informal request is not granted Hold a hearing on the matter if the informal request is not granted If the hearing does not find for the student, offer the student the opportunity to place a statement to be kept in the record (and disclosed if that portion of the record is released) If the hearing does not find for the student, offer the student the opportunity to place a statement to be kept in the record (and disclosed if that portion of the record is released)

FERPA – Student Rights Student Right # 3 The right to have some control over the disclosure of personally identifiable information from their educational record. We must… Have a student’s request prior to disclosing their record (except to university personnel with a legitimate educational interest) Have a student’s request prior to disclosing their record (except to university personnel with a legitimate educational interest) Ensure the student’s consent is signed and dated and includes the purpose of disclosure. Ensure the student’s consent is signed and dated and includes the purpose of disclosure. Annually notify students (collectively) of their rights (1-4 here) Annually notify students (collectively) of their rights (1-4 here) Record certain requests for records disclosure Record certain requests for records disclosure Include a students’ right to direct us not to release “directory information”; otherwise it is OK for public dissemination Include a students’ right to direct us not to release “directory information”; otherwise it is OK for public dissemination

FERPA – Student Rights Student Right #3 We MAY (per policy), but (in practice) likely WILL disclose education records without consent when… The student is seeking to enroll in another school The student is seeking to enroll in another school It is related to financial aid It is related to financial aid To certain authorized government authorities To certain authorized government authorities To organizations conducting studies on behalf of the campus or to accrediting agencies To organizations conducting studies on behalf of the campus or to accrediting agencies Disclosure is related to a court order or subpoena AND the campus has made an attempt to notify the student Disclosure is related to a court order or subpoena AND the campus has made an attempt to notify the student To “appropriate parties” in the event of a health and safety emergency To “appropriate parties” in the event of a health and safety emergency To a parent when the parent shows proof of the student’s dependent status (per IRS); this is not related to custodial parent status To a parent when the parent shows proof of the student’s dependent status (per IRS); this is not related to custodial parent status

FERPA – Student Rights Student Right #3 We WILL disclose education records without consent when… One of US has a legitimate educational interest One of US has a legitimate educational interest A student has been found responsible for a specific type of violent crime – the outcome of campus discipline proceedings will be shared with the victim A student has been found responsible for a specific type of violent crime – the outcome of campus discipline proceedings will be shared with the victim Information is considered “directory information” AND the student has not exercised the right to restrict it Information is considered “directory information” AND the student has not exercised the right to restrict it

FERPA – Student Rights Student Right # 4 The right to make a complaint to The Family Policy Compliance Office US Department of Education 400 Maryland Avenue, SW Washington, DC,

Directory Information “Directory information” at CSUSM: Considered public unless a student indicates otherwise Student name Student name CSUSM CSUSM Major field of study Major field of study Dates of attendance Dates of attendance F/T or P/T status F/T or P/T status Degrees, awards and honors received Degrees, awards and honors received Dates degrees conferred Dates degrees conferred Additional information is considered Directory Information for Unit 11 Additional information is considered Directory Information for Unit 11

FERPA – A Word to the Wise Use caution with electronic records and communication Use caution with electronic records and communication Discuss FERPA with colleagues to ensure internal consistency Discuss FERPA with colleagues to ensure internal consistency ASK! If you’re ever in doubt or concerned about something ASK! If you’re ever in doubt or concerned about something

Resources CSUSM Policy & Procedures CSUSM Policy & Procedures “Family Educational Rights and Privacy Act” US Department of Education US Department of Education

FERPA TEST