1. The Family Educational Rights and Privacy Act FERPA

2. The Family Educational Rights and Privacy Act, known as FERPA was enacted in 1974. This Act protects the privacy of educational records. FERPA was written specifically for students and guarantees them the right to inspect, review, amend and control disclosure of information from their records.

3. The federal law requires that a written institutional policy complying with the Act be established and those adopted procedures be published. The Confidentiality of Student Records is Confidentiality of Student RecordsConfidentiality of Student Records our official policy. This policy is available for review in the University Policy Manual. University Policy ManualUniversity Policy Manual

4. Records being released to an employment agency, another institution, or individual person may contain sensitive information

5. Sensitive information is released outside the University only when the students provide us with their written permission. Examples are: Grade Point Average Grades Courses taken Student schedules

6. Information released to the general public is known as “Directory Information” which does not require the written permission of the student. FERPA regulations allow students the right to restrict this information. However…… The University of Toledo’s directory information is....

7. Student name Local address and local phone number College and major field of study Class (freshman, sophomore, etc.) Full-time or part-time enrollment status Dates of attendance Degrees, certificates, and awards received University E-mail address DIRECTORY INFORMATION Student photograph (College of Medicine Only) Graduate Medical Education Placement (MD students only)

8. Students control the release of Directory Information by logging in to myUT portal and selecting the Update Directory Information Release/Status Update Directory Information Release/Status under the Student tab or by visiting Rocket Solution Central in Rocket Hall.

9. What if a student restricts information? When a student decides to restrict Directory Information, all records are confidential and requests for information will not be released. For our students protection, will not discuss anything with the student by telephone when they restrict directory information.

10. What are Educational Records? Records that directly relate to a student Records that directly relate to a student Records that are maintained by an educational Records that are maintained by an educational institution or by a party acting for the agency institution or by a party acting for the agency or institution. or institution. Examples are: Student Grade Records Financial Aid Records Student Account Records Admission Application Records

11. Educational records are not… These records have their own rules for respecting privacy. They are not educational records and not subject to FERPA regulations. Sole possession records Sole possession records such as faculty/advisor personal notes such as faculty/advisor personal notes Law enforcement records Law enforcement records Records maintained for individuals as employees Records maintained for individuals as employees yet records for individuals employed as a result of their status as a student (e.g. work study, student employees, etc..) are educational records yet records for individuals employed as a result of their status as a student (e.g. work study, student employees, etc..) are educational records Medical/treatment records by means of a medical professional Medical/treatment records by means of a medical professional then again, any medical issue a student share with the university regarding their personal circumstances are educational records then again, any medical issue a student share with the university regarding their personal circumstances are educational records

12. School Officials and employees of the University may review a student records as long as there is a legitimate educational need to review these records. There is “legitimate educational need” when the information is necessary to fulfill a professional responsibility.

13. Such access is considered a violation of FERPA and if allowed, the University is subject to fines from the Department of Education Department of Education. It is not legal for school officials, faculty, staff, student worker or any other member of our campus community to access student records for non-educational purposes.

14. Faculty members must be careful when notifying students about grades earned for a course or exam. Posting a grade in a public area that lists the student name, social security number (full or partial), or student identification number alongside the earned grade is strictly forbidden under FERPA regulations.

15. Use code number or word known only by you and the student Use code number or word known only by you and the student Do not post in alphabetic order Do not post in alphabetic order Secure your websites, students must only see their own grade Secure your websites, students must only see their own grade Email notification of grades is not recommended Email notification of grades is not recommended Institutions are held responsible if an someone gains access to that students grade via email Do not leave graded assignments for student to pick-up Do not leave graded assignments for student to pick-up Leaving assignments in a hallway or on a desk for students is no different from posting grades on a wall or website. Do not post grades in an identifiable manner

16. Protect Sensitive Information Students expect data in University systems to be secure. Do not send sensitive information through e-mail or instant messenger unless password protected or encrypted. Do store sensitive information on a secure university network drive, or password protect and encrypt information on computers. Do secure your office, lock doors, lock file cabinets, and desk drawers. Do password protect your computer.

17. What is FERPA’s position regarding parental access to their child’s educational records? 1. 1.When a student reaches the age of 18 or begins attending a postsecondary institution, regardless of age, FERPA rights transfer from the parent to the student. 2. 2.Parents may obtain directory information at the discretion of the institution. 3. 3.Parents may obtain non-directory information (grades, GPA, etc.) at the discretion of the institution and only after it has been determined that their child is legally their dependent. 4. 4.Parents may also obtain non-directory information by obtaining a signed consent from their child.

18. You cannot discuss a student’s particular circumstances with a parent, however you can describe University policies and procedures, such as... University add/drop policy University billing procedures University disciplinary process Class attendance policy for your class

19. When writing letters of recommendation.... Statements made by a person making a recommendation are made from that person’s personal observation or knowledge and do not require written authorization from the student. Remember, when you include information such as grades or GPA, you must have written permission from the student which specifies (1) the records disclosed, (2) states the purpose of the disclosure and (3) identifies to whom the disclosure can be made.

20. Amendments to FERPA related to Anti-Terrorism Activities October 2001 amendments to the “USA Patriot Act of 2001”USA Patriot Act of 2001 affect FERPA regulations.

21. FERPA generally requires prior written consent from the parent or student before an educational agency or institution may disclose personally identifiable information from educational records to a third party. The law now includes exceptions to this general rule.

22. The amendments to FERPA permit release of personal information from educational records to the Attorney General of the United States in connection with an investigation or prosecution of terrorism crimes, without the consent or knowledge of the student or parents. Requests for educational records must be accompanied by an Ex Parte order or a lawfully issued subpoena or court order.

23. In an emergency FERPA permits release of educational records and personally identifiable information to appropriate parties in order to protect the HEALTH or SAFETY of a student or other individuals. Exception for Health or Safety Emergency

24. To avoid FERPA violations.... do not leave graded assignments in a public area for students to pick up do not circulate a printed class list with student name, ID number or grade as an attendance roster do not provide anyone with a list of students enrolled in your classes for any commercial purpose do not provide a student schedule or assist anyone in finding a student on campus unless it is a University employee do not discuss personal information with a student when others are present without permission to do so

25. Things to remember … FERPA is everyone’s responsibility Directory Information is the only information released without written consent of the student When a student reaches the age of 18 or begins attending a postsecondary institution, regardless of age, FERPA rights transfer from the parent to the student. Check the confidentiality status of students’ to ensure compliance with privacy restrictions When in doubt contact the Registrar’s Office regarding FERPA issues and student privacy.

26. If you have any questions, please contact the Office of the Registrar 419.530.4836 Registrar@utoledo.edu

27. Office of the Registrar Office Contact: Sharon Standifer 419.530.4836 Sharon.Standifer@utoledo.edu Sharon.Standifer@utoledo.eduSharon.Standifer@utoledo.edu FERPA presentation provided by: NOTE: The information shown here is general information about FERPA to acquaint all users of University computer resources with some of the privacy issues surrounding student educational records. It is not all-inclusive nor is it a substitute for legal advice on any particular issue.