2. FERPA A Loyola University Chicago Student’s View Almost All You Never Wanted to Know About FERPA but Have Been Forced to Find Out Family Educational Rights & Privacy Act Loyola University Chicago, Office of Registration and Records, Eric C. Pittenger, Associate Registrar, 2005

3. This slide show is designed to provide an introduction to your rights as a student under the Family Educational Rights and Privacy Act. Navigate your way through the presentation by using one of the following methods: Use the left button on your mouse, the right arrow ( ) or the “Page Down” button to advance through the slides. Use the left arrow ( ) or the “Page Up” button to go back to previous information. A link to an interactive FERPA Quiz is at the end of this presentation. Enjoy. Click to continue. FERPA A Loyola University Chicago Student’s View

4. What is FERPA? FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974 AS AMENDED "A FEDERAL LAW DESIGNED TO PROTECT THE PRIVACY OF EDUCATION RECORDS, TO ESTABLISH THE RIGHT OF STUDENTS TO INSPECT AND REVIEW THEIR EDUCATION RECORDS, AND TO PROVIDE GUIDELINES FOR THE CORRECTION OF INACCURATE AND MISLEADING DATA THROUGH INFORMAL AND FORMAL HEARINGS." ________________________________ DEFINITIONS OF TERMS FOR ADMISSIONS AND RECORDS. Washington, D.C.: AACRAO, 1980, p. 28. This law, also known as the Buckley Amendment, is

5. Loyola University Chicago Provides Annual Notification to Students of their Rights To: 1. Request that DIRECTORY INFORMATION not be released about them. 2. Inspect and review their EDUCATION RECORDS within 45 days of requesting to do so. 3. Request an amendment to their educational records. 4. Request a hearing if the request for an amendment is not satisfactory. 5. File a complaint with the U.S. Department of Education. 6. Know that SCHOOL OFFICIALS with a LEGITIMATE EDUCATIONAL INTEREST may access the student’s educational record without written consent. In short, your Education Records belong to you. Loyola University Chicago applies FERPA to protect your privacy rights.

6. What about Your Parents? “Who’s Paying the Bill Here?” When you reach the age of 18 or begin attending Loyola University Chicago, regardless of age, FERPA rights transfer to you. Your parents, as with all third parties, may obtain directory information only at the discretion of Loyola. Loyola may disclose to parents of students under age 21 information regarding their student’s violation of the law or Loyola policy governing use or possession of alcohol or controlled substance if Loyola has determined that you have committed a disciplinary violation. Your parents may also obtain non-directory information by obtaining your signed consent. Your parents may obtain non-directory information (grades, gpa, etc.) only at the discretion of the Loyola AND after it has been determined that their child is legally their dependent, as per Internal Revenue Administration for tax purposes. Students, Loyola will not share your parent’s financial information with you.

7. A Student’s “EDUCATION RECORD” Is any record (with certain exceptions), that is maintained by Loyola University Chicago that is directly related to your activity while at Loyola, and that is recorded in: Files, Documents, and Materials in whatever medium (handwriting, print, tapes, discs, film, microfilm, microfiche, and the like).

8. An EDUCATION RECORD is NOT: o“ SOLE POSSESSION” Notes, Notes Intended to be Used by an Individual School Official Alone and not shared with others. oLaw Enforcement Unit Records oRecords Maintained Exclusively for Individuals in their Capacity as Loyola University Chicago Employees ~Records of Individuals who are Employed as a Result of Their Status as Students (Work Study) ARE EDUCATION RECORDS. oRecords Maintained by a Health Care Professional that Relate to Treatment of the Student oRecords Pertaining to Post-Graduation or Post Enrollment Activities

9. “PERSONALLY IDENTIFIABLE” MEANS DATA OR INFORMATION WHICH INCLUDES: oTHE NAME OF THE STUDENT, THE STUDENT'S PARENT, OR OTHER FAMILY MEMBERS oTHE STUDENT'S CAMPUS OR HOME ADDRESS; oA PERSONAL IDENTIFIER (SUCH AS A SOCIAL SECURITY NUMBER OR STUDENT NUMBER) oA LIST OF PERSONAL CHARACTERISTICS OR OTHER INFORMATION WHICH WOULD MAKE THE STUDENT'S IDENTITY EASILY TRACEABLE

10. “LEGITIMATE EDUCATIONAL INTEREST” at LOYOLA UNIVERSTIY CHICAGO 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. Keep in mind that SCHOOL OFFICIALS with a LEGITIMATE EDUCATIONAL INTEREST may access your educational record without your written consent.

11. A SCHOOL OFFICIAL at LOYOLA UNIVERSITY CHICAGO with a “Legitimate Educational Interest” is oA person employed by the University in an administrative, supervisory, academic or research, or support staff position(including law enforcement unit personnel and health staff); or oa company with whom the University has contracted, e.g., attorney, auditor, collection agent; or oA person serving on the Board of Trustees; oa student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.

12. LIMITATIONS ON STUDENT ACCESS TO RECORDS Some limitations do apply to your right to inspect your record, these are as follows: l PARENTAL FINANCIAL INFORMATION l CONFIDENTIAL LETTERS AND RECOMMENDATIONS TO WHICH YOU HAVE WAIVED YOUR RIGHT OF INSPECTION l EDUCATION RECORDS CONTAINING INFORMATION ABOUT MORE THAN ONE STUDENT l However, Loyola will permit access to that part of the record that pertains only to you.

13. DISCLOSURE of EDUCATION RECORD WRITTEN CONSENT REQUIRED ~SPECIFY THE RECORDS TO BE RELEASED ~STATE THE PURPOSE OF THE DISCLOSURE ~IDENTIFY THE PARTY OR PARTIES TO WHOM DISCLOSURE MAY BE MADE ~BE SIGNED AND DATED BY THE STUDENT. As a general rule, Loyola University Chicago will obtain your written consent before disclosing or releasing any PERSONALLY IDENTIFIABLE INFORMATION from your EDUCATION RECORD to a third party ( WITH A FEW EXCEPTIONS ). Your written consent or request will

14. Authorized representatives of the following for audit, evaluation, or enforcement of Federal and State support programs: ~COMPTROLLER GENERAL OF THE UNITED STATES ~THE SECRETARY OF THE UNITED STATES DEPARTMENT OF EDUCATION ~U.S. ATTORNEY GENERAL (LAW ENFORCEMENT ONLY) ~STATE EDUCATIONAL AUTHORITIES WRITTEN CONSENT Loyola University Chicago MAY disclose your Education Records WITHOUT WRITTEN CONSENT to the following:

15. oPersons within the institution determined by the institution to have a legitimate educational interest. oOfficials of other institutions in which you as a student seeks to enroll. Loyola will make every reasonable attempt possible to inform you that a disclosure is being made. WRITTEN CONSENT Loyola University Chicago MAY disclose your Education Records WITHOUT WRITTEN CONSENT to the following:

16. oPersons or organizations that are providing you with financial aid or who are determining financial aid decisions. oOrganizations conducting studies to develop, validate, and administer predictive tests, to administer student aid programs, or to improve instruction. WRITTEN CONSENT Loyola University Chicago MAY disclose your Education Records WITHOUT WRITTEN CONSENT to the following:

17. oAccrediting organizations carrying out their accrediting functions. oYour parent(s), if it has been established that you are being declared as a dependent on their income tax return, as provided by the Internal Revenue Service. WRITTEN CONSENT Loyola University Chicago MAY disclose your Education Records WITHOUT WRITTEN CONSENT to the following:

18. Persons in compliance with a judicial order or a lawfully issued subpoena. Unless prohibited by law.* WRITTEN CONSENT Loyola University Chicago MAY disclose your Education Records WITHOUT WRITTEN CONSENT to the following: * IF THE SUBPOENA IS ISSUED FROM A FEDERAL GRAND JURY, OR FOR A LAW ENFORCEMENT PURPOSE, AND ORDERS THE INSTITUTION NOT TO NOTIFY THE STUDENT.

19. If you have initiated legal actions against Loyola University Chicago or if Loyola has initiated legal actions against you. This exception removes the necessity of an institution having to get into an awkward situation with a student regarding presenting the student’s records in court. Prior to the inclusion of this exception, the institution would either have had to obtain the student’s written permission to produce the records in court or issue a subpoena upon itself to produce the records. WRITTEN CONSENT Loyola University Chicago MAY disclose your Education Records WITHOUT WRITTEN CONSENT to the following:

20. Persons in an emergency, if the knowledge of information, in fact, is necessary to protect your health and safety, or that of other persons. WRITTEN CONSENT Loyola University Chicago MAY disclose your Education Records WITHOUT WRITTEN CONSENT to the following:

21. An alleged victim of any crime of violence of the results of any institutional disciplinary proceeding against the alleged perpetrator of that crime with respect to that crime. The victim of a crime of violence may be informed of the results of an institutional hearing against the alleged perpetrator of that crime. WRITTEN CONSENT Loyola University Chicago MAY disclose your Education Records WITHOUT WRITTEN CONSENT to the following:

22. Loyola may disclose to your parents, if you are under the age of 21, information regarding a violation of the law or Loyola policy governing use or possession of alcohol or controlled substance if Loyola has determined that you have committed a disciplinary violation. This is known as the Foley Amendment and is a new 2000 addition to the exceptions to written permission. WRITTEN CONSENT Loyola University Chicago MAY disclose your Education Records WITHOUT WRITTEN CONSENT to the following:

23. The public regarding the final results of an institutional disciplinary proceeding as long as you have been determined to be the alleged perpetrator of a crime of violence or of a non-forcible sex offense. This is another new 2000 addition to the exceptions to written permission section of FERPA. This is known as the Warner Amendment. It permits institutions to release the final results of a institutional disciplinary hearing after it has been determined that the student is the alleged perpetrator of a crime of violence or non-forcible sex offense. In other words, the institution may release this information to a newspaper if it wishes. It does not have to. WRITTEN CONSENT Loyola University Chicago MAY disclose your Education Records WITHOUT WRITTEN CONSENT to the following:

24. “DIRECTORY INFORMATION” “ Directory Information” is information that when made public is not normally considered a violation of a student’s right to privacy. Your written permission is not required to make it public. However, Loyola University Chicago will give you an opportunity to have “directory information” elements kept private and subject to release by written consent.

25. LOYOLA UNIVERSITY CHICAGO Has Designated the Following Items as Elements of Directory Information: Name Local & Permanent Address/Telephone Number University e-mail Address Date of Birth Major and Minor Field(s) of Study, Including the College, Division, Department, Institute or Program in which Student is Enrolled Classification as a freshman, Sophomore, Junior, Senior or Graduate, or by Number Referring to Such Classes Course Load, e.g., Full-Time or Part- Time Participation in Officially Recognized Activities and Sports Weight and Height Information of Members of Athletic Teams Dates of Attendance and Graduation, and Degrees Received Most Recent Previous Educational Institution Attended Honors and awards received, Including Selection to a Dean’s List or Honorary Organization For Further Information see: http://www.luc.edu/ferpa/

26. “DIRECTORY INFORMATION” Can NEVER Include RACE GENDER SOCIAL SECURITY NUMBER GRADES GPA COUNTRY OF CITIZENSHIP RELIGION These items can only be released with your written permission.

27. Welcome to Loyola University Chicago Directory Information Quiz: Education Record Quiz: FERPA Quiz Answer Sheet: Click here to print a copy of the Answer sheet. Click on the icon of your choice to proceed Take the FERPA quiz