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

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

3. What is FERPA? Family Educational Rights & Privacy Act aka “Buckley Amendment” Federal Statute Federal Statute Part of a larger body of privacy legislation 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 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 Guides us on how we manage the privacy of student records Institutional Obligations Institutional Obligations

4. What is FERPA? (continued) Students Rights under FERPA: Students Rights under FERPA: Right to inspect and review “education records” Right to inspect and review “education records” Right to seek to amend education records Right to seek to amend education records Right to have some control over the disclosure of information from 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. 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: Under FERPA, all parental rights including the right to inspect education records transfer to the student at: The attainment of age 18 OR The attainment of age 18 OR “Attendance” at an institution of postsecondary education “Attendance” at an institution of postsecondary education TCNJ defines attendance as the start of the student’s first semester! 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 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. 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, email, and for TCNJ – data contained in PAWS. Education records can exist in any medium, including: typed, computer generated, videotape, audiotape, film, microfilm, microfiche, digital, electronic, email, 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 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 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 employment records when employment is not contingent on being a student law enforcement records used only for that purpose law enforcement records used only for that purpose post-attendance records, i.e., (alumni records) does not relate to the person as a student 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 religious affiliation citizenship citizenship disciplinary status disciplinary status ethnicity ethnicity gender gender grade point average (GPA) grade point average (GPA) marital status marital status SSN/student I.D. SSN/student I.D. grades/exam scores 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. 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. Information not generally considered harmful or invasion of privacy if disclosed.

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

11. Other Exceptions to Releasing Education Records a) TCNJ school officials a) TCNJ school officials b )in connection with the student's application for or receipt of financial aid or Veterans Administration benefits; 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); 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 93- 380; d) U.S. government agencies as listed in Public Law 93- 380;

12. e) parents of a dependent student as defined in the Internal Revenue Code of 1954; e) parents of a dependent student as defined in the Internal Revenue Code of 1954; f) accrediting agencies; f) accrediting agencies; g) to comply with a judicial order or lawfully issued subpoena; 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 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 Other Exceptions to Releasing Education Records

13. Permitted Disclosures to Parents Without Student’s Consent Dependents for tax purposes Dependents for tax purposes May disclose to either parent (natural parent, guardian, or person acting as a parent) May disclose to either parent (natural parent, guardian, or person acting as a parent) Health or safety emergency Health or safety emergency Use or possession of alcohol or controlled substance, and there’s a disciplinary violation, if student is under 21 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 Institutions must annually notify students in attendance of their rights under FERPA including Right to inspect and review “education records” Right to inspect and review “education records” Right to seek to amend education records Right to seek to amend education records Right to have some control over the disclosure of information from 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. 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 Procedures to inspect and review education records A statement that education records may be disclosed to “school officials” without prior written consent, including: A statement that education records may be disclosed to “school officials” without prior written consent, including: Definition of “School Officials” Definition of “School Officials” Definition of “Legitimate Educational Interest” Definition of “Legitimate Educational Interest” http://recreg.pages.tcnj.edu/student-privacy-rights/

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.” “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.” “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 TCNJ notification of rights under FERPA

18. Annual Notification Process Records and Registration sends out the annual notification via mass TCNJ email at the start of each semester. Records and Registration sends out the annual notification via mass TCNJ email 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. 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 R&R manually inputs student’s restrictions on PAWS Restrictions are maintained until students tells us otherwise. 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. 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. 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

23. Family Policy Compliance Office U.S. Department Education 400 Maryland Avenue, S.W. Washington, D.C. 20202-4605 FPCO is responsible for all matters related to the administration of FERPA and the monitoring of FERPA compliance 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 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. FPCO advocated and won legislative approval to use PINs & other e-signatures to satisfy FERPA consent requirements. Special ‘hotline’ email for college administrators ONLY Special ‘hotline’ email for college administrators ONLY

24. FERPA on the Web TCNJ Student Privacy Page: http://recreg.pages.tcnj.edu/student-privacy-rights/ Tutorial: http://recreg.pages.tcnj.edu/ferpa-tutorial/ FPCO: http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html FERPA Statute: http://www.law.cornell.edu/uscode/text/20/1232g FERPA Regulations: http://www2.ed.gov/policy/gen/reg/ferpa/index.html Email: ferpa@tcnj.edu