1. The Georgia Open Records Act and ferpa

2. Arthur H.Leed Melody S. Kesler UGA Associate Director of Legal Affairs
UGA Senior Assistant Registrar

3. What is Georgia open records?
Georgia Law
Governs which government records are to be open for public inspection
Applies to all “governmental agencies” including all public schools
Presumes all records are open and places the burden on the education institution to demonstrate that any requested materials are exempt
Example: any record maintained by your public school – including s and meeting notes

4. How is Georgia open records applied?
Anyone can make an Open Records request
The “Agency” can require payment to cover the costs of document location, production, redaction, and duplication
The “Agency” must reply within 3 business days by:
Providing requested documents, or
Providing written justification for why requested documents will be withheld
The data custodian can require all requests be made in writing to a central point of contact
For UGA, these go to Mitch Clayton in the Office of Public Affairs

5. What is exempt from Georgia open records?
Medical and veterinary records
Records relating to pending criminal investigations
Records required by the federal government to be kept confidential, such as student academic records
Trade secrets and certain information of a proprietary nature
Certain research data, records, or information that has not been published, patented or otherwise publicly disseminated
Confidential evaluations submitted to a public agency in connection with the hiring of a public employee
Personal information concerning donors or potential donors to any public post-secondary educational institution

6. What is FERPA?
Family Educational Rights and Privacy Act of 1974 (aka the Buckley Amendment)
Applies to any educational institution or educational agency that receives funds administered by the US Secretary of Education
Federal Law which governs:
Disclosure of education records
Access to education records

7. Who has FERPA rights?
FERPA rights transfer from the parent/guardian to the “student” at the postsecondary institution regardless of age.
“Student” applies to all students – distance education students, former students, graduated students, etc.

8. FERPA affords students the right to:
Inspect and review their education records
Request the amendment of inaccurate records
Consent to disclosure of personally identifiable information contained in their education record
File a complaint with the U.S. Department of Education concerning alleged failures of the institution to comply with this law

9. What is "Prior Consent for Release" ?
Students must provide a signed and dated written consent before a school official may disclose education records, or Non-Directory Information.
The consent must:
Specify records that may be disclosed
State purpose of disclosure
Identify party or class of parties to whom disclosure may be made

10. Exceptions to Prior Consent
Directory Information
School officials with legitimate educational interests
Federal, state, and local authorities conducting an audit, evaluation, or enforcement of educational programs
Organizations conducting studies on behalf of UGA
To accrediting organizations
To comply with a judicial order or subpoena
In a health or safety emergency
Disclosure to parent of student under 21 if the institution determines that the student has committed a violation of its drug and/or alcohol rules or policies
In connection with financial aid

11. What is Directory Information?
Directory Information (Public Information) is information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed.
UGA* defines the following as Directory Information:
Student’s Name
Major
Phone number(s)
Dates of attendance
Address(es)
Most recent educational institution attended
address
Height/weight of athletic team members
Fields of study
Degrees and awards received
Employment title and contact information
Participation in officially recognized activities & sports
* Directory Information is defined by each institution.

12. How does UGA comply? Annual email to students
Explain FERPA info
How to change indicator
Annual certification with employees
Maintain FERPA site
Provide training
Maintain disclosure indicators
Exclude restricted students from Commencement Programs, Dean’s List publications, and any data releases or reports given to external agencies
Mention Legal Affairs

13. Examples Subpoena requesting a restricted student’s transcript
Request from a new local restaurant for a list of all students’ mailing addresses
Release of student transcripts to the GSFC for their HOPE audit
Mention Legal Affairs

14. Questions? Office of the Registrar www.reg.uga.edu
For further information about FERPA,
contact the Family Policy Compliance Office
US Department of Education
400 Maryland Ave. S.W.
Washington, DC