FERPA Susan NepplDave Dahlen NW Health SciencesMayo Clinic

What is FERPA FERPA is an acronym Family Educational Rights and Privacy Act – (a.k.a. The Buckley Amendment). Passed by Congress in 1974

Basic FERPA Concepts -This is a Federal Law designed to protect the privacy of student education records. -MUST BE A MATRICULANT -Stanford University Case -This law applies to all schools that receive funds from the U.S. Department of Education -FERPA applies to elementary, secondary and post- secondary schools

What is the Basic Rule? Student educational records are considered confidential and may not be released without the written consent of the student.

What is a student? Students who are, or were, registered at an institution of higher education… – FERPA also applies to elementary and secondary schools. – Rights transfer to the “student” at age 18 Students who have applied for admissions do not fall under FERPA guidelines.

What is an Educational Record? Just about any information Personal information – Enrollment records – Grades – Schedules Any records maintained by an institution that are directly related to a student.

What an Educational Record is NOT! “Sole possession” - notes made by one person as an individual observation or recollection, are kept in the possession of the maker. – Once shared with anyone, they become educational records – Best advice – If you don’t want it to be subject to review, don’t write it down. Records maintained exclusively for individuals in their capacity as employees Doctor-patient privilege records

FERPA grants students certain rights The right to see the information that the institution has compiled The right to seek amendment to those records The right to share otherwise protected data ~ Release their data to whom they choose. Block the release of directory information The right to file a complaint with the Family Policy Compliance Office, US Department of Education

Student Access to their Record Under FERPA, a school must provide an eligible student with an opportunity to inspect and review his or her education records within 45 days following its receipt of a request. A school is required to provide an eligible student with copies of education records, or make other arrangements, if a failure to do so would effectively prevent the student from obtaining access to the records. – A case in point would be a situation in which the student does not live within commuting distance of the school – As practice, MCCM makes copies of institutional generated documents available. NOT ACADEMIC TRANSCRIPTS FROM OTHER SCHOOLS! 9

School Responsibilities – Publish an annual notice describing the students’ rights You have to TELL the students! Consumer Information – Must identify what is considered directory information – Notify students have the right to refuse the release of directory information – Provide proper stewardship of educational records. Protect the confidential information contained in student files.

Mayo Clinic’s Policy Just an example! 11 Directory (Public) Information: MCCM has designated the following data as public information which may be released at the discretion of the School without student permission unless otherwise requested: Name, General Mayo mailing address (site specific), Mayo Telephone Listing, Mayo address, major field of study, dates of attendance, grade level, enrollment status (full-time/part-time), degree/certificates awarded Directory information will not be released to organizations or institutions making large-scale requests unless specifically directed by law. MCCM reserves the right to deny the release of any information unless required by law.

Directory Information? Information that generally would not be considered harmful or an invasion of privacy if disclosed. Items that may be included in publications or disclosed upon request without consent.

Directory Information Information that can be released without the student’s permission. The student may, however, opt to consider this information confidential as well. Defined by the institution. – Start/End Date – Major – Address – Degree or Certificates Awarded

What is NOT directory information? Directory information is determined by each institution, but may never include: – Race or country of citizenship – Religion – Gender – Social Security Number – Grades or GPA – Disciplinary Actions and/or Notes

Entrusted to Serve Staff and Faculty have a responsibility to protect educational records. Physicians and Staff have a responsibility to protect patient records.

Who’s information is it? Never discuss protected information with anyone other than the student (including parents and spouses) without the consent of the student. – This can be difficult! – LOTS of Exceptions! Just get the student’s permission!

Could it get more confusing??? FERPA permits a school to disclose personally identifiable information from education records without consent when the disclosure is to the parents of a student at a postsecondary institution regarding the student's violation of any Federal, State, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance. Student Must be UNDER 21! 17

Continued Confusion Another exception permits a school to disclose personally identifiable information from education records without consent when the disclosure is to the parents of a "dependent student" as that term is defined in Section 152 of the Internal Revenue Code. Generally, if either parent has claimed the student as a dependent on the parent's most recent year's income tax statement, the school may non- consensually disclose the eligible student's education records to both parents under this exception. 18

Solomon Amendment The Solomon Amendment supersedes FERPA. For Military Recruiters ONLY – Army – Navy – Marine Corps – Air Force – Coast Guard 19

Are we one institution? NO Hiring Decisions – HR asking for student records – Interview Panels Just want to check. This is an inappropriate use of the Educational Record. GET PERMISSION from the STUDENT. 20

FERPA Quiz If a parent calls asking how a student is doing in a class, can you share that information? YESNO

ANSWER NO – Even though the person inquiring may be the student’s parent, FERPA recognizes students in post- secondary education as adults, regardless of age. Therefore, you cannot give out grades, or any other non- directory information. We should assume that the student is an adult who is entitled to privacy, even from parents. Parents may assert their rights to the records if the student is dependent according to the tax code. However, there are exceptions ~ Confusing! Be Safe! Just have the student sign a release!

FERPA Quiz You receive a call from a recruiting firm asking for names and addresses of students with a GPA of 3.0 or better. They say they have good job information for these students. Can you help these students get jobs by giving out this information? YESNO

Answer NO – While we all want to help students to get good jobs, that request should not be handled by an academic department. Do not give out student information that pertains to GPA, or is based on GPA, to anyone without prior written consent of that student.

FERPA Quiz You receive a phone call from the local police department indicating that they are trying to determine whether a particular student was in attendance on a specific day. Since they are in the middle of an investigation, are you allowed to give them this information? YESNO

Answer NO – The police should be first directed to you school’s Legal Council Information about whether or not a student was enrolled in a particular semester is (most often) directory information If the police require more detailed information, a subpoena may be required. Contact Legal Council! Additionally, FERPA requires notification of the student, unless it is specifically stated on the subpoena that the student must not be notified.

FERPA QUIZ You get a frantic phone call from an individual who says that he is a student’s father and must get in touch with her immediately because of a family emergency. Can you tell him when and where her next class is today? YESNO

FERPA QUIZ NO - For the safety of the student, you cannot tell another person where a student is at any time. Inform the caller they should contact the school’s legal council for more information.

FERPA QUIZ Faculty and Staff have the right to inspect and review the educational records of any student. YESNO

FERPA QUIZ NO – All faculty and staff must show a “legitimate educational interest/need to know” within the context of their role to have appropriate access to education records.

FERPA QUIZ An adviser has the option of denying a student’s request to inspect and review his/her personal notes about the student that are held in a file in the desk of the adviser’s office. YESNO

FERPA Quiz YES – “Sole possession” records are an exception to the definition of “educational records” and are therefore not accessible by the student.

FERPA QUIZ Admissions records are “educational records” and are covered under FERPA. YESNO

FERPA QUIZ MAYBE – If the student has not yet registered for classes, there has not yet been an educational record created at the institution. If the student HAS registered for classes, all admission records should be “folded into” the educational record.

7 pages of GREAT FERPA information! 35

Questions?