1. Managing Student Records Legally and Effectively
Tiffany Hogue
Provost’s Office
Spring 2009

2. Family Educational Rights & Privacy Act (FERPA)
What is it?
Why was it enacted?
Who is covered?
WHAT? nation’s main education-privacy law; Requires colleges to obtain students’ consent before releasing their records, except in special circumstances
Why? To protect students’ educational records. Actually created to protect k-12 records
Who: all of us – we’re all university officials; student workers can even be included if they’re acting as “univ. officials”

3. The Three Main Provisions
College students, generally, have the right to:
control the disclosure of their records to others;
inspect and review their records;
seek amendment of their records.

4. Additionally…
students have the rt. to complain

5. “Educational Records”
Any documents or records directly related to the student that are maintained by the institution or by a party acting on behalf of the institution.
“Any information recorded in any way”—medium is irrelevant.

6. “You might be a FERPA-protected record if....”
Paper Files
Electronic documents
-directly related to student
Databases
Class lists
Student Account Information
Grade files
Class rosters
Exams
Student Schedules
Transcripts
But not: medical, law enforcement, or alumni records.

7. Two new exceptions peer-graded papers sex offender information
not record until passes back to teacher
can give out info if student lives on campus

8. Directory Info (excluded from FERPA)
Name
Address
Telephone number
address
Dates of attendance
Classification
Major
Honors
Degrees conferred

9. Disclosure of educational records
Okay if:
Student has consented to disclosure or
law provides exception that permits disclosure w/out student’s consent.
This is the floor. Baylor can be more restrictive (we don’t have to give records to parents of dependents; we may)

10. FERPA Consent Form Who – For students and Baylor employees
What – Specific information listed on Consent Form
When – Before you can speak to third party persons listed on Consent Form
Where - Registrar’s Office (RT, 3rd floor)

11. Consent Forms Must specify the: records to be disclosed
the purpose of the disclosure
the persons to whom they may be disclosed

12. Exceptions to Consent Requirement
Directory information
Univ. officials w/ “legitimate educational interests”
Judicial order or subpoena
Drug or alcohol violation if student is under 21
Health or safety emergency
Student does have right to suppress dir. info. Note that directory info includes student id number. That number alone won’t get anyone anything.
*Virginia Tech. But note that every suicide ideation doesn’t merit disclosure

13. Health/safety emergency
“articulable and significant threat to the health or safety of a student or other individuals”
“the Department will not substitute its judgment for that of the Institution. . ..”
Must record nature of threat and disclosure details
details: party to whom disclosure was made

14. “Need to Know” Principle
Before accessing or releasing any non-directory information to a Baylor employee, ask:
As part of my assigned duties, do I have a legitimate need to know the information?
Does the person requesting the information have a legitimate need to know this information?

15. Once Need is Established. . .
Use information wisely.
Keep your passwords confidential.
When viewing records, keep private.
If printing, go directly to printer to retrieve.
Log off system when through.

16. New: id and authenticate
“an educational institution must use reasonable methods to identify and authenticate the identity of . . .parties to whom the institution discloses personally identifiable information from educational records”
There is flexibility; not req’d to eliminate all risks; can do cost-benefit analysis

17. Be smart
the DOE is not pleased with accidental or negligent disclosures
Consider:
encryption
locked file cabinets
limited users

18. When in doubt . . .
Don’t share the information.

19. Parental Request for Grades
Use FERPA Consent Form.
Reinforce each year to your faculty.
Otherwise, we look inconsistent. If parent has been able to talk to several of students’ faculty members over the years, and then all of the sudden they call me to talk about an appeal, and I can’t discuss details, it looks like we don’t have our act together.

20. Timeline for Keeping Student Records
Grades and attendance: 3 years
Papers, exams, and assignments: 1 semester after class is over
Leaving the university? Give info. to chair.
Shred all outdated records.

21. Academic Appeals
Often requires use of your records from previous semesters and good understanding of FERPA.
Respond to student in writing.
If you’ll be out of town, put that on voic and .

22. Anecdotal Notes Any notes made are subject to review by student.
If review is requested, cannot destroy notes until student has reviewed.

23. Points To Remember “Need to know” principle.
When in doubt – don’t share it.
Maintain your records.
Call with questions.
Wesley Null (x6120)
David Alexander (x3821)