The Family Educational Rights & Privacy Act (FERPA) Presented by: Diane Mendoza

What is FERPA? The Family Educational Rights & Privacy Act of 1974 or FERPA sets forth requirements for the privacy of student records. FERPA governs the release of and access to educational records maintained by the School of Continuing Education.

What is FERPA? (con’t.) FERPA provides three basic rights to both former and current students including rights to: Inspect and review their education records. Request to amend their education records. Limit disclosure of some ‘personally identifiable information’ known as directory information.

Who must comply with FERPA? Any educational institution that receives funds under any program administered by the U.S. Secretary of Education. Any agency acting on the part of an educational institution must also comply with FERPA.

What are educational records? Educational records are records which – contain information which is directly related to a student; and are maintained by an educational agency or institution or by a party acting for the agency or institution.

What are educational records? Some examples of educational records include: Transcripts Disciplinary Records Grades Correspondence with student

Releasing Educational Records Educational records can only be released as follows: Directly to the student. To a third party if the student has given written permission. To agencies providing a function normally done by the institution (i.e. National Student Clearinghouse). To school officials with legitimate educational interest.

Legitimate Educational Interest Legitimate educational interest is defined as “the demonstrated ‘need to know’ by those officials in the institution who act in the student’s educational interest, including faculty, administration, clerical and professional employees or agents, who manage student record information.” For example, an Intro to Computer instructor would not have legitimate educational interest in accessing a student’s records, unless that student was enrolled in his/her computer class.

Directory Information Certain information, called ‘Directory Information’ can be released without the student’s written permission. Directory Information as defined in Board Policy 5040 includes: Name, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent previous public or private school attended

Directory Information Waivers Students have the right to request that their directory information be kept confidential. Students who wish to have this information restricted must submit a written request to the Registrar’s Office within 15 calendar days from the beginning of each term a student is in attendance. A confidentiality alert will appear in Banner if a student has requested their directory information be withheld.

Avoiding FERPA violations… The following are simple steps to avoid FERPA violations: Do not release verbal or written information about students to anyone without the student’s written permission. NEVER release personally identifiable information: race, ethnicity, gender, date of birth, or SSN without the student’s written permission. The law does not require us to release student information without consent, except in circumstances involving a lawfully issued document.

True or False…… A student’s degree can be confirmed to an external source (outside of SCE) without first obtaining the written permission of the student so long as the institution identifies “degree” as directory information.

Answer…. True, provided the student has not requested their directory information be kept confidential. A confidentiality alert will appear in Banner if a student has requested their directory information not be disclosed. The message in Banner reads: “Warning: Information about this person is confidential.”

True or False…… If a student discloses in an open forum that he/she has been suspended and that he/she feels the suspension is unwarranted, the school may infer that he has given implied consent for openly discussing the issue.

Answer….. False. There is no implied consent in FERPA.

Yes, No, Maybe so…. If a third party turns in a transcript/enrollment verification request form on behalf of a student, are we able to fill the request?

Answer…. Yes. We are able to fill the request provided the form includes the signature of the student and the document is being mailed to the student. If the mailing address indicated on the form differs from the address in Banner, the transcript will be held for pick-up by the student.

Yes, No, Maybe so…. Can a third party pick up documents on behalf of a student?

Answer…. Yes. The student must name the third party in the written consent and the third party must provide a valid photo ID at the time the documents are released.

Questions or comments? Please feel free to contact: Diane Mendoza, Registrar