1. Student Data Privacy FERPA

2. What governs Student Data Privacy at SCC? FERPA- Family Educational Rights and Privacy Act of 1974 (aka the Buckley Amendment) MGDPA- Minnesota Government Data Practices Act

3. What is the purpose of these laws? To protect the privacy of a student’s education records and to govern release of this information to parents (in primary educational settings) and to students (in secondary educational settings). To ensure that students have the right to inspect their education records and to request amendments to them in the event they are inaccurate or incomplete.

4. What are education records? Education records include information about students documented in any media, in any location, but only “personally identifiable” to an individual student (i.e., not aggregate or summary information).

5. What are education records? Nearly all of the records we maintain are education records including: Application or Enrollment Records Financial Information Exams or Papers Grades Class Schedule Disciplinary Records This information can be in any media and in any location.

6. What are NOT education records? Sole Possession Records are excluded from the definition of education records. These may be a faculty or staff member’s personal records about a student that are not shared with others and are not put in any official student file. They do not contain information provided directly by the student and are not used to make decisions about the student.

7. To whom may education records be released? Student School Officials with legitimate educational interest Third parties hired by the college to perform work Appropriate officials in response to a subpoena Appropriate officials in response to a health or safety emergency Anyone else to whom the student has released the information

8. What about parents? Education records may not be released to parents without student consent…regardless of the age of the student!

10. Directory Information – Public Education Records Name Address Phone Number E-mail Address Major Dates of Attendance Honors Student Activity Participation Student’s Photograph or Digital Image Student Status ( enrolled, graduated, withdrew, full-time, part-time)

11. FERPA Violations – Possible Penalties Temporary suspension of access to student records Prosecution under criminal codes Financial or Civil Liabilities to the institution Dismissal or Termination Loss of federal financial aid funding to the institution

12. Remember… When in doubt, don’t give it out!

13. True or False Faculty and staff have a right to inspect the education records of any student attending SCC without giving a reason. The fact that they are considered a college official gives them this right.

14. False While they are considered to be a college official, faculty and staff must have a legitimate educational interest, i.e., “a need to know,” to review any student’s record in order to fulfill their professional responsibility.

15. True or False To make life easier for students, Professor Smith posts grades by Social Security Number on her door. This would not be a problem with FERPA.

16. False This is a violation of FERPA because the Social Security Numbers are personally identifiable information and should not be released. Grades must never be posted with SSN, Student Tech ID Numbers or any other personally identifiable information. You may post test scores if you use a mutually agreed upon coding scheme that is known only by the instructor and the student.

17. True or False An angry parent calls your office and demands to know the grades for his daughter. He informs you that he pays her tuition and is therefore entitled to her grades. FERPA allows you to release this information to concerned parents.

18. False A parent has no inherent rights afforded to them by FERPA. Once a student reaches the age of 18 or attends college, the rights under FERPA are afforded to the student. However, a student may grant permission to release some or all of his information to his parent (or spouse) by signing the Authorization to Release Information form or by sharing eServices login information with the parent or spouse.

19. True or False An institution that designates certain types of information as “Directory Information” must offer students the opportunity to decline to have this type of information released.

20. True Nondisclosure is a right afforded to students under the FERPA regulations. To do this, students would request non-disclosure in writing to the Director of Registration and Enrollment Services.

21. True or False A student requests that you write a letter of recommendation to a prospective employer. The letter needs to address information about the student’s performance in your program. It is permissible to release this information to the potential employer.

22. True However…it is strongly suggested that before you write any letter of recommendation, you have the student request this from you in writing. The student’s request should include the name of the person to whom the letter should be sent, the purpose for which the letter is being written, the information to be included in the letter, the student’s signature and the date.

23. Remember… When in doubt, don’t give it out!

24. Questions? Please contact: Student Affairs Center Office of the Registrar 507.389.7220 option 3