FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA) This presentation is for educational purposes only. It is not intended as nor should it be considered legal advice. Faculty and Staff Training Office of the University Registrar April 2010

FERPA of 1974 is a federal law designed to: protect the privacy of education records. establish the right of students to inspect and review their education records. provide guidelines for the correction of inaccurate and misleading data through informal and formal hearings. FERPA is enforced by the Family Policy Compliance Office. What is FERPA? 2 April 2010

Students have three primary rights under FERPA. They have the right to: inspect and review their education records within 45 days of their request have some control over the disclosure of information from their education records; and to seek to amend incorrect education records To comply with these right and all of the provisions of the Act, its regulations, and the disclosure provisions, each educational institution must annually notify students of their FERPA rights and provide students access to their education records. Key Concepts 3 April 2010

Education Record Personally Identifiable Directory Information School Official Legitimate Educational Interest Key Terms 4 April 2010

Any record, with certain exceptions, maintained by an institution that is directly related to a student or students. Education records include both personally identifiable information such as a student’s name(s) or information from which an individual student’s identity can be deduced. Education records include: files, documents and materials in whatever medium (handwriting, print, tapes, disks, film, microfilm, or microfiche.) What is an education record? 5 April 2010

Sole Possession Notes Law Enforcement Records Employment Records Medical Records Alumni Records What is NOT an education record? 6 April 2010

Sole Possession Notes  Are made by an individual as personal observation or recollection, are kept in that person’s possession and are shared only temporarily. Notes taken in conjunction with any other person are not sole possession notes (counselor’s notes, interview notes). Sharing these notes with another person or placing them in an area where they can be viewed by others makes them education records, which are subject to FERPA. Best advice: If you don’t want it reviewed, don’t write it down. 7 April 2010 What is NOT an education record?

Law Enforcement Records  Records created by a law enforcement unit for a law enforcement purpose and maintained by the unit.  Any of the above records that are shared with another school official become subject to FERPA. 8 April 2010 What is NOT an education record?

Employment Records  Records made and maintained by the university that relate exclusively to a student in his or her capacity as an employee are not education records.  If a student is also an employee of the institution, his or her employment records generally are not subject to FERPA.  However, records of individuals who are employed as a result of their status as students (e.g., college work study students) are education records. 9 April 2010 What is NOT an education record?

Other Records Medical Records  Records maintained by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional acting in their professional capacity.  Only to be disclosed to those providing treatment. Alumni Records  Records that contain information about an individual only after they are no longer a student at the institution. 10 April 2010 What is NOT an education record?

Directory information is the information available about a student that is not considered harmful or an invasion of privacy if disclosed. While FERPA and state law protect the privacy of educational records, directory information is not treated as confidential and may be disclosed by the university without student consent unless the student requests a privacy hold. Directory Information 11 April 2010

Directory Information at the University of Florida By Regulation 6C , the following has been designated as Directory Information at the University of Florida:  Student’s name  Student’s local/permanent addresses and address  Student’s listed telephone number(s)  Class and college  Major field of study  Dates of attendance at UF  Enrollment status (undergraduate or graduate, full time or part time)  Degrees and awards received at UF  Most recent previous educational institution attended  Publication titles (dissertations)  Nature and place of employment at UF  Weight and height of university athletes 12 April 2010

A school official at UF is: an agent of the university or State University System of Florida in an administrative, supervisory, academic, research or support staff position. a member of university committees, boards and/or councils. a person under contract to the university to perform a special task, such as an attorney or auditor. School Officials 13 April 2010

School Officials at UF  Individuals other than faculty and staff may be included as school officials. The definition is broad enough to include: graduate assistants work-study students students serving on committees for specified tasks 14 April 2010 It is important to understand:  that school officials within the institution may obtain information from education records without obtaining prior written consent.  what are the criteria that should be used to determine who will be considered a school official.

Guidelines for Faculty and Staff All university faculty are considered school officials and are required to maintain the confidentiality of student records. You should:  Assign a unique and confidential identifier that is not part of UFID or SSN.  Post grades in a random, not alphabetical order.  Use web-based course management systems to post grades, if the system is secured by username and password.  Keep only those individual student records necessary for fulfillment of your responsibilities. April 2010

Guidelines for Faculty and Staff You should NOT:  Disclose, share or loan your username and password to anyone.  Use generic/group IDs when accessing confidential academic record information.  Put papers, projects, graded exams, or reports in publicly accessible places.  Share student information, including grades and GPA’s, with other faculty or staff unless their responsibilities warrant a need-to-know. April 2010

Legitimate educational interest means a school official has a need-to-know specific information in a student's record. Legitimate educational interest refers to any authorized interest or activity undertaken in the name of the university. Access to an educational record must be necessary or appropriate to the operation of the university or to the proper performance of the educational mission of the university. Legitimate Educational Interest 17 April 2010

Provide annual notification to students of their FERPA rights. Provide students access to their educational records. Provide students opportunity to challenge information contained in their education records that is believed to be inaccurate. Protect privacy of each student’s educational records as required by FERPA. What are the requirements for compliance to FERPA ? 18 April 2010

Students’ Right to Access Their Educational Records Limitations to the student’s right to inspect are:  Parental financial information  Confidential letters and recommendations to which the student has waived right of inspection  Education records containing information about more than one student. The institution must permit access to that part of the record which pertains only to the inquiring student. 19 April 2010

Directory Information Non Directory Information Disclosure of Educational Records 20 April 2010 Birth date Gender Religion GPA Citizenship Marital status Disciplinary status UFID/SSN Ethnicity Grades/exam and test scores

Directory Information Institutions may release without written consent those records identified as public or directory information for students who are currently enrolled with the following conditions:  The institution must inform students of those categories designated as directory information.  Students must be given the opportunity to refuse disclosure of any or all categories.  Students must be given a reasonable period of time in which to state such refusals in writing. 21 April 2010

Non-Directory Information Institutions shall obtain written consent from the student before disclosing any non-directory information from a student’s educational records. The written consent must:  specify the records to be released.  state the purpose of the disclosure.  identify the party or parties to whom disclosure may be made.  be signed and dated by the student. 22 April 2010

Non-Directory Information Institutions may disclose education records without the student’s written consent in the following situations:  To school officials with a legitimate educational interest.  To other institutions where the student is enrolled or is seeking to enroll.  In connection with the receipt of financial aid (validating eligibility).  To state/local officials in conjunction with legislative requirements.  To organizations conducting studies to improve instruction or to accrediting organizations.  To parents of a student who have established that the student is a dependent as defined in the IRS Code. 23 April 2010

Non-Directory Information Institutions may disclose education records without the student’s written consent in the following situations:  To parents of a dependent student if that student has violated university drug and alcohol policies twice in a semester or three times during their enrollment.  In compliance with a judicial order or lawfully issued subpoena.  In the event of a health/safety emergency.  In student discipline matters involving violent crimes or sexual offenses, certain information from the conduct hearing may be released to the alleged victim(s).  Name, sanction and outcome of disciplinary proceedings only when found in violation and only for crimes of violence. 24 April 2010

Parents and Disclosure of Records  When a student reaches the age of 18 or begins attending a postsecondary institution, regardless of age, FERPA rights transfer to the student. Parents may obtain non-directory information (grades, GPA, etc.) only at the discretion of the institution and after it has been determined that their student is legally their dependent.  Parents may also obtain non-directory information by obtaining a signed consent from their student. 25 April 2010

Parents and Disclosure of Records (Continued) Institutions may disclose information about students to their parents in these specific instances:  Upon obtaining the student’s written consent.  When the parents have established that the student is their dependent for tax purposes.  To the parents of a student under the age of 21 who violates university rules and/or federal, state or local laws regarding the use of alcohol or controlled substances.  In the case of a health or safety emergency if knowledge of the information is necessary to protect the health or safety of the student or others. 26 April 2010

Records of Requests and Disclosures  All institutions are required to maintain records of requests for and disclosures of personally identifiable information from the education records of each student.  Record of disclosure must include the name and address of the requestor and his/her indicated interest in the records.  Records of requests and disclosures are part of the student’s education records and must be retained as long as the education records to which they refer are maintained by the institution. 27 April 2010

Letters of Recommendation  It is a good idea to obtain a written release from students who request letters of recommendation.  If the letter contains non-directory information:  A written release is recommended, not required, for recommendations sent to other educational institutions in which the student seeks to enroll, including professional school admission services.  A written release is required for general letters of recommendation sent to an employer or an individual.  The consent should include: (1) the data to be disclosed, (2) to whom the data will be disclosed, and (3) the student’s signature and date.  Sample release form (PDF) 28 April 2010

Letters of Recommendation  Recommendation letters that are made from the personal observation or knowledge do not require a written release from the student.  Recommendation letters that contain personally identifiable information obtained from the student’s education record (grades, GPA) require a signed release from the student which specifies the record that may be disclosed, states the purpose of the disclosure, and identifies the party to whom the disclosure, and identifies the party to whom the disclosure can be made. April

Family Policy Compliance Office LeRoy Rooker, Director U.S. Department of Education 400 Maryland Ave., SW Washington, D.C USA-LEARN ( ) (phone) (fax) The Authoritative Source 30 April 2010