1. Family Educational Rights And Privacy Act of 1974 Family Educational Rights And Privacy Act of 1974 FERPA at MSU

2. What is FERPA? Commonly known as the Buckley Amendment Applies to educational institutions receiving federal funds administered by the U.S. Department of Education Provides rights to access to and privacy of student education records

3. Who has FERPA rights? At MSU, the rights belong to the student: any individual who is or has been in attendance at MSU and on whom MSU maintains education records Rights generally belong to the parent; however, they transfer to the student when she/he becomes an ‘eligible student’ ELIGIBLE STUDENT is a student who has reached 18 years of age OR is attending a postsecondary education institution

4. Notification requirements MSU must provide currently enrolled students with a notice of rights and procedures to enforce their FERPA rights MSU has choice in manner of notification and currently uses the Student Handbook, available in hard copy and on-line Text

5. What are the rights of inspection and review of education records? An eligible student must be given the opportunity to inspect and review his education records MSU must provide records within a reasonable time but not more than 45 days MSU must respond to reasonable requests for record explanations and interpretations

6. Are there limitations on the right to inspect and review records? If records contain information on more than one student, student may review portion only related to self Postsecondary schools may restrict -Financial records of parents -Confidential letters and recommendations if student has waived inspection and info is related to admission, employment or honorary recognition

7. A record is info recorded in any way including handwriting, print, computer, video, audio, film, microfilm, microfiche Education records are records directly related to the student AND are Records maintained by an educational institution or by a party acting for the institution What are education records?

8. What records would not be included? Records of instructional, supervisory, and administrative personnel ancillary to those persons that are kept in the sole possession of the maker of the record, and are not accessible or revealed to any other persons except a temporary substitute for the maker of the records Records of the law enforcement unit when acting as police

9. Records not included (cont.) Employee records except for records relating to a person in attendance at MSU who is employed as a result of his status as a student (work study/ graduate assistant) MSU health records made/maintained by a health care professional in connection with treatment of the student and disclosed only to those providing treatment Records only containing info about a person after she is no longer a student at MSU (alumni records)

10. Are there any rights to amend education records ? Student may request amendment if he believes his records contain info that is inaccurate, misleading, or in violation of the student’s rights of privacy MSU must decide within reasonable time if it will honor request to amend If MSU decides negatively, then must inform student so and of right to a hearing

11. When is prior consent required for MSU to disclose info? Except for specific exceptions, a student must provide a SIGNED and DATED written consent prior to MSU disclosing personally identifiable info from the student’s education records Consent MUST specify the records to be disclosed, the purpose of the disclosure, the identity of the party/class to whom disclosure may be made If requested, MSU must provide student copy of records disclosed

12. What is personally identifiable information? Personally identifiable information includes, but is not limited to: Student’s name Name of student’s parent or family member Address of student or student’s family Personal identifiers: social security number or student identification number List of personal characteristics or other information making student’s identity easily traceable

13. When is prior consent not required? If disclosure is to other officials at MSU who have a legitimate educational interest If disclosure is to officials of another institution where the student seeks or intends to enroll If disclosure is to Comptroller General of U.S., the Secretary of US Dept of Education, state and local authorities If disclosure is result of student’s application for or receipt of financial aid if info is necessary to determine eligibility, amount, or conditions for aid or to enforce the terms/conditions of the aid If disclose to parents, disciplinary action for drug/alcohol violation of student under 21

14. Disclosures (cont.) If disclosure is to State and local authorities under certain situations pursuant to state statute adopted by 1974 If disclosure is to organizations conducting studies for MSU for testing, administering student aid programs, improving instruction if identifying info kept confidential within organizations and info destroyed If disclosure is to accrediting organization to carry out accrediting functions If disclosure is to comply with lawfully issued judicial order or subpoena

15. Disclosures (cont.) Disclosures (cont.) If disclosure is in connection with a health or safety emergency if it is necessary to protect health or safety of student or other individuals (This section is to be strictly construed.) If disclosure is to the student If disclosure is to alleged victim of crime of violence regarding results of a disciplinary proceeding Except for disclosures pursuant to subpoena and disclosure to a student, MSU is not required to make the other disclosures

16. Do we have to keep records concerning requests and disclosures? MSU must maintain record for each request for access and each disclosure of information from education records Shall be maintained with student record so long as records maintained and contain name of requestor and the legitimate reason for the request/disclosure If further disclosure authorized, need those names and legitimate interests for obtaining

17. Are there exceptions to keeping a record of request/disclosure? Disclosure to eligible student Disclosure to a school official with legitimate educational reason Disclosure to person as the result of a written consent from the student Disclosure to one of directory information Disclosure pursuant to subpoena with directive that response to subpoena is not to be disclosed

18. Are there limitations to further disclosure of information? MSU may disclose only with understanding records will not be further disclosed without consent of student Recipients may use info only for purpose for which disclosure was made Does not apply to court orders or subpoenas, directory information, or disclosures to the student Except for the above, MSU should notify of no additional disclosure to be made If U.S. DOE determines a party improperly made additional disclosure, MSU can be ordered not to release any info to that person for five years

19. How does MSU disclose in a health or safety emergency? May disclose to appropriate parties in connection with an emergency if info is necessary to protect health or safety of student OR other individuals May include in student record appropriate information concerning disciplinary action taken against student for conduct that posed significant risk to safety/well-being of student, other students or school community

20. Health/safety disclosure (cont.) May disclose to MSU teachers/school officials who have legitimate educational interests in behavior of the student May disclose to teachers and school officials of other schools with legitimate educational interest in the student’s behavior RIGHT OF DISCLOSURE FOR HEALTH/SAFETY ARE STRICTLY CONSTRUED

21. Are there rules for directory information release? MSU required annually to give students IN ATTENDANCE public notice of what MSU has designated as directory info MSU required to allow student to refuse for MSU to designate any or portion of the info about that student as directory (Buckley flag) May disclose directory info about former students without giving the notice to them

22. What is directory info at MSU ? Name Home/Local Address Home/Local Telephone Number Electronic Mail Address Major Field of Study Enrollment Status (grad/undergrad; full- time/part-time)

23. Directory Info (cont.) Weight/Height of Members of Athletic Teams Dates of Attendance Degrees, Honors and Awards Received Most Recent Previous Education Agency or Institution Attended Participation in Officially Recognized Activities and Sports

24. May a student file a complaint? Student may file a complaint with the Family Policy Compliance Office of the U.S. Dept. of Education Complaint usually needs be filed within 180 days of violation Office will investigate each complaint If Office determines MSU has not complied, it will direct steps MSU must take to comply and give period of time MSU could voluntarily comply

25. What if MSU does not comply? DOE may withhold further payments under an applicable federal program DOE may issue a cease and desist order DOE may terminate right for MSU to receive funding under any applicable program (funds made available under any program administered by the U.S. Department of Education—includes Pell Grants and guaranteed student loans)

26. Do other laws affect FERPA? USA Patriot Act created new exception for Court to issue an order requiring production of records (with no notice to student or record keeping) for investigating or prosecuting terrorism, domestic or international Immigration laws provide certain overrides requiring MSU to produce certain info on foreign students

27. Is there case law re: FERPA ? Miami University case (6 th Cir. 2002) Disciplinary records are education records Falvo case (U.S. Sup. Ct. 2002) Students can grade each others papers Gonzaga University case (U.S. Sup.Ct. 2002) No private right of action to enforce FERPA, only enforcement is DOE

28. Does Kentucky have a FERPA? KRS 164.283 provides confidentiality for student academic records (Only covers academic records) Many exemptions, some of which are broader than FERPA and require disclosure FERPA, as a federal law, takes precedence

29. CONCLUSIONS Unless directory info, assume education record is protected Require release or KNOW request falls within an exclusion to privacy If directory info, be certain student has not opted for a Buckley Flag If receive subpoena, contact General Counsel immediately