1. The Lion and the Bear TCNJ ‘s Approach to FERPA Compliance Facilitator: David Morales Associate Director Records and Registration

2. Agenda FERPA Basics/Overview The Current FERPA Business Process
What is FERPA? -Federal regulations
Student Access to Education Records
Education Records
The Current FERPA Business Process
Directory Information
FERPA Compliance
Annual Notification
FERPA in PAWS
FERPA Policy Compliance Office
TCNJ student privacy page
FERPA tutorial

3. What is FERPA? Family Educational Rights & Privacy Act aka “Buckley Amendment”
Federal Statute
Part of a larger body of privacy legislation
Adopted in 1974 and revised numerous times - Created by the Baby Boomers who are now the Helicopter Parents
Guides us on how we manage the privacy of student records
Institutional Obligations

4. What is FERPA? (continued)
Students Rights under FERPA:
Right to inspect and review “education records”
Right to seek to amend education records
Right to have some control over the disclosure of information from education records
Right to file a complaint with the US Department of Education regarding alleged violations of FERPA rights.

5. Student Rights
Under FERPA, all parental rights including the right to inspect education records transfer to the student at:
The attainment of age 18 OR
“Attendance” at an institution of postsecondary education
TCNJ defines attendance as the start of the student’s first semester!

6. Education Records
Contain information which is directly related to a student and
Are maintained by an educational institution or by a party acting on behalf of the institution.
Education records can exist in any medium, including: typed, computer generated, videotape, audiotape, film, microfilm, microfiche, digital, electronic, , and for TCNJ – data contained in PAWS.

7. Education Records Exceptions (not considered education records)
sole possession records, Notes not shared and used only as a personal memory aid. i.e., Advisor notes
medical treatment records that include but are not limited to records maintained by physicians, psychiatrists, and psychologists
employment records when employment is not contingent on being a student
law enforcement records used only for that purpose
post-attendance records, i.e., (alumni records) does not relate to the person as a student

8. Personally Identifiable Information in an education record may not be released without prior written consent from the student. Examples of information that CANNOT BE RELEASED without written consent are:
religious affiliation
citizenship
disciplinary status
ethnicity
gender
grade point average (GPA)
marital status
SSN/student I.D.
grades/exam scores

9. What is Directory Information?
FERPA has specifically identified certain information called directory information that may be disclosed/released without student consent.
Information not generally considered harmful or invasion of privacy if disclosed.

10. What is Directory Information?
Name
Date of birth
TCNJ address
Dates of attendance**
Campus address
Photograph
Hometown (city & state)
Previous educational institution / agency attended
Telephone listing(s)
Weight/Height of athlete
Degrees and dates received
Participation in officially recognized activities and sports
Honors and awards received (including Dean's List)
Major(s) and Minor(s) field of study
Enrollment status
Classification (Freshman, Sophomore, Junior , Senior, Graduate)
** Range of dates of attendance, not the student’s daily schedule

11. Other Exceptions to Releasing Education Records
a) TCNJ school officials
b )in connection with the student's application for or receipt of financial aid or Veterans Administration benefits;
c) to organizations conducting studies for educational and governmental agencies (in which case individual students are neither identified nor identifiable);
d) U.S. government agencies as listed in Public Law ;

12. Other Exceptions to Releasing Education Records
e) parents of a dependent student as defined in the Internal Revenue Code of 1954;
f) accrediting agencies;
g) to comply with a judicial order or lawfully issued subpoena;
h) appropriate persons in connection with an emergency if the knowledge of such information is necessary to protect the health or safety of a student or any other person

13. Permitted Disclosures to Parents Without Student’s Consent
Dependents for tax purposes
May disclose to either parent (natural parent, guardian, or person acting as a parent)
Health or safety emergency
Use or possession of alcohol or controlled substance, and there’s a disciplinary violation, if student is under 21

14. Annual Notification FERPA Compliance
Institutions must annually notify students in attendance of their rights under FERPA including
Right to inspect and review “education records”
Right to seek to amend education records
Right to have some control over the disclosure of information from education records
Right to file a complaint with the US Department of Education regarding alleged violations of FERPA rights.

15. The annual notification must also include the following:
Procedures to inspect and review education records
A statement that education records may be disclosed to “school officials” without prior written consent, including:
Definition of “School Officials”
Definition of “Legitimate Educational Interest”

16. TCNJ School Officials
“A school official is defined as a person employed by the college in an administrative, supervisory, academic or support staff position (including campus police, campus health providers, and student employees); a person or company with whom the college has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; a student serving on an official school committee such as the All-College Academic Integrity Board; or a person assisting another school official in performing his or her tasks.”

17. “Legitimate Educational Interest”
“A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility .”
TCNJ notification of rights under FERPA

18. Annual Notification Process
Records and Registration sends out the annual notification via mass TCNJ at the start of each semester.
Students are requested to download the ‘Authorization to Withhold Directory Information form and submit it to Records and Registration within the first two weeks of the semester. Its an all or nothing scenario.
R&R manually inputs student’s restrictions on PAWS
Restrictions are maintained until students tells us otherwise.

19. Annual Notification Stats “The Bear-y Real Facts”
Typically less than a dozen students respond to the annual notification to restrict directory information.

20. HOW TO IDENTIFY A STUDENT WHO HAS RESTRICTED THE RELEASE OF
DIRECTORY INFORMATION

21. Auxiliary Access
On the resulting page, you can search by the following fields:
a. ID = Student’s PAWS ID
b. User ID = Aux Username
c. Title = Auxiliary User’s name
d. Last Name = Student’s Last Name
e. First Name = Student’s First Name

22. Auxiliary Access

23. Family Policy Compliance Office U. S
Family Policy Compliance Office U.S. Department Education 400 Maryland Avenue, S.W. Washington, D.C
FPCO is responsible for all matters related to the administration of FERPA and the monitoring of FERPA compliance
FPCO is sensitive to the issues facing Institutions in FERPA Compliance vis-à-vis technology
FPCO advocated and won legislative approval to use PINs & other e-signatures to satisfy FERPA consent requirements.
Special ‘hotline’ for college administrators ONLY

24. FERPA on the Web TCNJ Student Privacy Page:
Tutorial:
FPCO:
FERPA Statute:
FERPA Regulations: