FERPA Overview for CANR Business Managers Rob Kent, MSU Assistant General Counsel October 7, 2014

What is FERPA? The Family Educational Rights and Privacy Act Gives students control over their “education records”. Right to: 1.Privacy 2.Inspection 3.Amendment

What is an “education record”? Records: 1.Which contain personally identifiable information about a student; and 2.Are maintained by the University or by a party acting for the University

What is Personally Identifiable Information (“PII”) “Personally identifiable information”: includes, but is not limited to: (a) The student’s name; (b) The name of the student’s parent or other family members; (c) The address of the student or student’s family; (d) A personal identifier, such as the student’s social security number, student number, or biometric record; (e) Other indirect identifiers, such as the student’s date of birth, place of birth, or mother’s maiden name;

…and (f) Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student; or (g) Information requested by a person who the educational... Institution reasonably believes knows the identity of the student to whom the education record relates.

education records could include… Academic records Financial aid records Interdepartmental communications Student employment records

What is not an education record? Sole possession records Law enforcement records Employment records (unless contingent on attendance) Medical records Alumni records Admission records to programs where student not accepted

Welcome “School Officials”! FERPA allows MSU to designate certain individuals as “school officials”… you are now a School Official!

When can I share/disclose PII? ALWAYS with School Officials with a legitimate educational interest: Students’ Professors, TAs, Counselors, Registrar, Athletic Coaches

When can I share/disclose PII? ALWAYS with The student him/herself.

When can I share/disclose PII? Directory Information… Unless student opted- out of disclosure with the Registrar’s office Use the Registrar’s website

DIRECTORY INFORMATION = Information not generally considered harmful or an invasion of privacy if disclosed. At MSU… Student’s name; Student’s local address (if listed); Student’s local phone number (if listed); MSU NetID address (if listed); Student’s permanent address (if listed); Student’s permanent telephone number (if listed); Current enrollment status or dates of attendance; Program level (undergraduate, graduate, professional); Class (freshman, sophomore, junior, senior, etc.); Major field of study; Current term candidacy for degree and/or teacher certification; Employment status as a graduate teaching or research assistant, office address and office phone number; Information pertaining to awards and honors achievements; Degree(s) earned from Michigan State University and effective date(s); Participation in officially recognized University activities and sports, including weight and height of athletic team members; The most recent educational agency or institution attended; The registration documents of student organizations which contain the names and addresses of the officers and the statement of purpose of the organization.

Consent for Disclosure With limited exceptions, a student must provide a signed and dated written consent before the University may disclose education records. The consent must: –Specify the records that may be disclosed; –State the purpose of disclosure; and –Identify the party to whom disclosure may be made.

Exceptions to Consent A student’s prior, written consent is not needed to disclose information from education records to: –School officials with “legitimate educational interests” (need-to-know). A school official has a “legitimate educational interest” in education records if the information or record is relevant and necessary to the accomplishment of an employment or other University task, service or function. –The student. –Schools in which a student seeks or intends to enroll. –Federal, state, and local authorities conducting an audit, evaluation, or enforcement of education programs. –Organizations conducting studies on behalf of educational institutions. –Comply with a judicial order or subpoena (reasonable effort to notify). –In a health or safety emergency. –To parents of a dependent student (not MSU practice).

Exceptions to Consent continued –In connection with financial aid. –Directory information. –Results of a 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. –Disclosure to parent of a student under 21 if the institution determines that the student has committed a violation of its drug or alcohol rules or policies. –Disclosure of information received under a community notification program concerning a student who is required to register as a sex offender in the State.

When can I share/disclose PII? Police, Fire, EMS during a health or safety emergency

Personal Knowledge/Observations FERPA only applies to records. If you think a student is behaving oddly, has a change in temperament, or you are otherwise worried about the student, GET HELP. You could start with other School Officials, but if the situation seems urgent, disclose as broadly as necessary.

Redisclosure of PII? NOPE Just because the information is already out there, doesn’t mean you get to share it again.

PII Security Keep all Education Records in a locked or password-protected space.

Accidental Disclosure of PII Tell your supervisor, chair, etc.

QUESTIONS? Contact Information: Rob Kent MSU Office of the General Counsel