The Family Educational Rights and Privacy Act of 1974 February, 2014 Presented by Daniel Cordas Employee Services, Seattle Community Colleges

FERPA Overview FERPA protects: FERPA protects:  privacy of student education records and and  student access to education records  FERPA Applies to all educational institutions receiving federal funds –Policy or practice of violating FERPA risks loss of federal funding –No private right of action, but students may sue for invasion of privacy

General Rule The College cannot disclose personally identifiable information contained in education records without the student’s written consent.

What’s Personally Identifiable Information? Name or address of student, parents, or family Name or address of student, parents, or family Personal identifier such as social security, student ID number, or biometric records Personal identifier such as social security, student ID number, or biometric records Other indirect identifiers, such as student’s date of birth, and mother’s maiden name Other indirect identifiers, such as student’s date of birth, and mother’s maiden name

Personally Identifiable Information (continued) Other information that would allow a reasonable person in the college community to identify the student with reasonable certainty, or Other information that would allow a reasonable person in the college community to identify the student with reasonable certainty, or Information requested by a person who the school reasonably believes knows the identity of the student to whom the education record relates Information requested by a person who the school reasonably believes knows the identity of the student to whom the education record relates

What are ‘Education Records’? Education records are records that: –Directly relate to a student and –Are maintained by the College or by a party acting for the College

Exceptions to General Rule Directory information Directory information Records excluded from definition of “education records” Records excluded from definition of “education records” Authorized disclosures of education records without consent Authorized disclosures of education records without consent

Records Excluded from Definition of Education Records Personal memory aids Personal memory aids Law enforcement records (i.e., campus security records) Law enforcement records (i.e., campus security records) Employment records not a result of status as a student Employment records not a result of status as a student Treatment records Treatment records Alumni records Alumni records

Personal Memory Aids Records that are kept in the sole possession of the maker, Records that are kept in the sole possession of the maker, Are used only as a personal memory aid, and Are used only as a personal memory aid, and Are not accessible or revealed to any other person except a temporary substitute Are not accessible or revealed to any other person except a temporary substitute Why is this important? Student Access to Records Why is this important? Student Access to Records private files - once disclosed become educational records

Law Enforcement Records Records created and maintained by a law enforcement unit for a law enforcement purpose (incl. campus security) Records created and maintained by a law enforcement unit for a law enforcement purpose (incl. campus security) Does not include records created exclusively for non-enforcement purpose (e.g. student disciplinary action) Does not include records created exclusively for non-enforcement purpose (e.g. student disciplinary action)

Employment Records Disclosable student employee records: Made and maintained in the normal course of business, Made and maintained in the normal course of business, Relate exclusively to an individual in his/her capacity as employee, and Relate exclusively to an individual in his/her capacity as employee, and Are not available for use for any other purpose Are not available for use for any other purpose

Alumni Records Records that only contain information about an individual after he or she is no longer a student at the College are exempt from FERPA Records that only contain information about an individual after he or she is no longer a student at the College are exempt from FERPA

Directory Information Information in an education record that normally would not be considered harmful or an invasion of privacy if disclosed without consent Information in an education record that normally would not be considered harmful or an invasion of privacy if disclosed without consent However, student may refuse consent to disclosure of directory information by “opting” out However, student may refuse consent to disclosure of directory information by “opting” out

Disclosure of Directory Information May disclose if students are notified in advance Types of information designated as directory information, Types of information designated as directory information, Student’s right to refuse disclosure of any or all directory information, Student’s right to refuse disclosure of any or all directory information, When student must notify the college (in writing) of refusal to consent When student must notify the college (in writing) of refusal to consent Notice requirements do not apply to former students Notice requirements do not apply to former students

Directory Information Directory information may include student’s name, address, phone, address, photograph, date and place of birth, major, dates of attendance, grade level, enrollment status, extracurricular activities, height and weight of athletic team members, degrees, honors and awards, and most recently attended educational institution.

Directory Info at SCCD*  Student's name  address  Enrollment status in the college  Date(s) of enrollment  Area of study  Awards granted by the college  Participation in official sports activities, and  Weight and height of athletic team members. *As listed in SCCD College Catalog

Student Rights Once a student turns 18, or attends a postsecondary institution, all FERPA rights of parents are transferred to the student Once a student turns 18, or attends a postsecondary institution, all FERPA rights of parents are transferred to the student RCW See also RCW (criteria for maintaining child support during college includes remaining in “good academic standing.”) Note that the Student must still consent to the disclosure of the records before the College can disclose the records May release to parent claiming student as a dependent RCW See also RCW (criteria for maintaining child support during college includes remaining in “good academic standing.”) Note that the Student must still consent to the disclosure of the records before the College can disclose the records May release to parent claiming student as a dependent

Parental Rights Parents of K-12 students under age 18 have all FERPA rights but no automatic right of access for Running Start students attending college Parents of K-12 students under age 18 have all FERPA rights but no automatic right of access for Running Start students attending college No parental rights under FERPA if court has terminated parental rights No parental rights under FERPA if court has terminated parental rights

Right to Inspect Students have right to review their own education records (but only their own) Students have right to review their own education records (but only their own) No right to review financial records (including parents’ records) No right to review financial records (including parents’ records) No right to review confidential recommendations if student waived the right to inspect No right to review confidential recommendations if student waived the right to inspect

Annual Notification College must annually notify students of their FERPA rights to— Review their own education records, Review their own education records, Request amendments of records the student believes to be inaccurate, misleading, or violative of privacy, Request amendments of records the student believes to be inaccurate, misleading, or violative of privacy, Consent to disclosure of personally identifiable information, Consent to disclosure of personally identifiable information, File complaints with U.S. Dep’t of Education File complaints with U.S. Dep’t of Education

Annual Notice—Procedures The annual notice must include the procedures for reviewing records, The annual notice must include the procedures for reviewing records, Procedures for requesting amendments of records, Procedures for requesting amendments of records, Policies for disclosing education records (including definitions of “school officials” and “legitimate educational interest”) Policies for disclosing education records (including definitions of “school officials” and “legitimate educational interest”)

Challenges to Records Student may request a hearing to challenge education records Student may request a hearing to challenge education records If records are found to be inaccurate, misleading, or violative of privacy rights, College must amend the records and inform student in writing If records are found to be inaccurate, misleading, or violative of privacy rights, College must amend the records and inform student in writing

Student Consent to Disclose Education Records Form must be signed and dated (may use electronic signatures on records) Form must be signed and dated (may use electronic signatures on records) Must state the purpose of disclosure Must state the purpose of disclosure Must specify the record to be disclosed Must specify the record to be disclosed Must identify a party or class of parties to whom disclosure may be made Must identify a party or class of parties to whom disclosure may be made

Authorized Disclosures— Other Colleges May disclose without consent to other colleges where student is enrolled or intends to enroll May disclose without consent to other colleges where student is enrolled or intends to enroll When releasing records to other colleges, College must make reasonable attempt to notify the student, unless: When releasing records to other colleges, College must make reasonable attempt to notify the student, unless: The student initiated the request or the annual notice provides for forwarding of education records on request The student initiated the request or the annual notice provides for forwarding of education records on request If the student requests a copy of the record, it must be provided. Similarly, if the student wishes to contest the record, he or she must be given the opportunity for a hearing

Authorized Disclosures – School Officials College may disclose education records without student’s consent— College may disclose education records without student’s consent— To “other school officials,” including teachers. To “other school officials,” including teachers. Who have a “legitimate educational interest” (need to know basis) Who have a “legitimate educational interest” (need to know basis) Defined in our catalog as: Defined in our catalog as: School officials have a legitimate educational interest if they need to review an education record in order to fulfill their professional responsibility.

Definition of School Official A school official is a person employed by the college in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the college has contracted (such as an attorney, auditor, national student loan clearinghouse, legal counsel, or collection agency); a person serving on the Board of Trustees; or a student serving on an official committee, such as disciplinary or grievance committee, or who is assisting another school official in performing his or her tasks.* *SCCD Catalog

Authorized Disclosures— Federal and State Officials May disclose without consent to authorized representatives of Department of Education or state and local educational authorities May disclose without consent to authorized representatives of Department of Education or state and local educational authorities Must be in connection with audit of government supported education programs or in compliance with federal requirements relating to such programs Must be in connection with audit of government supported education programs or in compliance with federal requirements relating to such programs

Authorized Disclosures— Financial Aid May disclose records without consent in connection with student financial aid May disclose records without consent in connection with student financial aid Must be for determining eligibility, Must be for determining eligibility, Determining the amount of aid, Determining the amount of aid, Setting the conditions of aid, or Setting the conditions of aid, or Enforcing the terms and conditions of aid. Enforcing the terms and conditions of aid.

Authorized Disclosures— Research Studies May disclose records without consent to public or private organizations conducting studies for educational agencies or institutions May disclose records without consent to public or private organizations conducting studies for educational agencies or institutions Must be to develop, validate, or administer predictive tests, Must be to develop, validate, or administer predictive tests, Administer student aid programs, or Administer student aid programs, or Improve instruction Improve instruction

Limitations on Research Disclosures Research organization cannot disclose personally identifiable information to others Research organization cannot disclose personally identifiable information to others Information must be destroyed when no longer needed Information must be destroyed when no longer needed

Authorized Disclosures— Accrediting Agencies College may disclose education records without consent to accrediting organizations to carry out their accrediting functions College may disclose education records without consent to accrediting organizations to carry out their accrediting functions

Authorized Disclosures— Parents of Dependent Students College may disclose records without student’s consent to parents who claim student as tax dependent College may disclose records without student’s consent to parents who claim student as tax dependent Student is “dependent” if under age 24 at end of the year and parent pays over half of student’s support in the tax year Student is “dependent” if under age 24 at end of the year and parent pays over half of student’s support in the tax year Parent should provide affidavit or last year’s tax return showing that student is a dependent Parent should provide affidavit or last year’s tax return showing that student is a dependent

Authorized Disclosures— Litigation Subpoenas – Give to college student services to handle & provide advice Subpoenas – Give to college student services to handle & provide advice Lawsuits between college and students – info provided to court and attorneys Lawsuits between college and students – info provided to court and attorneys June 22, 1998 DOE Letter to John Hopkins University -- citing implied waiver. Waiver extends to a college defending itself from student-initiated action before a third party (media) that has a special relationship with the college (may damage the college) but only with records necessary to set the record straight --

Authorized Disclosures— Health or Safety Emergency May disclose records without consent to appropriate parties in connection with a health or safety emergency May disclose records without consent to appropriate parties in connection with a health or safety emergency Disclosure must be necessary to protect health or safety of the student or others Disclosure must be necessary to protect health or safety of the student or others Colleges provided wide latitude in determining an emergency Colleges provided wide latitude in determining an emergency

Public Record Requests The State Public Records Act does not require agencies to disclose records when another statute (e.g., FERPA) exempts or prohibits disclosure The State Public Records Act does not require agencies to disclose records when another statute (e.g., FERPA) exempts or prohibits disclosure Non-disclosure only applies to personally identifiable information in an education record Non-disclosure only applies to personally identifiable information in an education record

Further Information U.S. Department of Education Family Policy Compliance Office (FPCO)