Presentation on theme: "Family Educational Rights and Privacy Act Training for Employees Rooker, Leroy and Falkner, Tina. AACRAO 2012 FERPA Guide FERPA."— Presentation transcript:
Family Educational Rights and Privacy Act Training for Employees Rooker, Leroy and Falkner, Tina. AACRAO 2012 FERPA Guide FERPA
What is FERPA ? Enacted by the United States Congress in 1974 Sets forth requirements regarding the privacy of student records Governs disclosure of education records and access to those records
Who must comply with FERPA? Any educational institution that receives funds under any program administered by the U.S. Secretary of Education.
Who is protected by FERPA? All students enrolled in college courses, including those students who are classified as high school special, concurrent, or dual enrolled students.
What Rights does FERPA Grant to Students? Access to their education records for review and inspection Ability to seek amendment to their educational record Consent to the disclosure of their education record Authorization Form for Release of FERPA Protected Student Information http://www.indycc.edu/storage/admissions/Updated%20FER PA3.pdf
What Rights does FERPA Grant to Students? Annual notification of their FERPA rights Ability to file a complaint with the Family Policy Compliance Office at Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, SW Washington, D.C. 20202-5920 Phone: 1-800-872-5327)
Student – any person who is attending or has attended ICC and for whom ICC maintains a record. Education Record – any record that is related to the student and maintained by ICC. Directory information and non-directory information. Student Information System, the AS400, email, files maintained in shared areas, photographs, and videos. Directory Information – information contained in an education record of a student that generally would not be considered harmful or an invasion of privacy if disclosed. Important Definitions
What is Directory Information? The following information is considered public or directory information: Awards and honors (Dean’s List) Campus e-mail addresses Class standing (e.g. sophomore) College of enrollment Current enrollment Date and place of birth Dates of attendance Degree(s) conferred (including dates) Full- or part-time status, withdrawn Home telephone number Local address Local telephone number Major field(s) of study Name Permanent address Picture of student Student Class Schedules
Directory Information Released by Independence Community College Name, Permanent address, Honor Rolls, Graduation Lists, Athletic Press Release information The College may, but is not required to disclose this information, according to the guidelines contained in FERPA. The College’s Registrar and its Administration will take into account the necessary precautions to protect the privacy of current and former students prior to disclosing any directory information. Students currently enrolled at ICC may withhold disclosure of directory information. To withhold disclosure, written notification must be received on a semester basis at: Office of the Registrar Independence Community College P.O. Box 708 Independence, KS 67301
What is Legitimate Educational Interest? Legitimate educational interest means that the official has a need to access student education records for the purpose of performing an appropriate educational, research or administrative function for the institution. ICC utilizes the following criteria to determine legitimate educational interest: School Official is defined as: A person employed by the College in an administrative, supervisory, academic or support staff position. A person serving on an institutional governing body A person employed by, or under contract to, the institution to perform a special task, such as an attorney or an auditor A person or organization acting as an official agent of the institution, and performing a business function or service on behalf of the institution A member of the law enforcement unit or health staff A school official is deemed to have a legitimate educational interest if the information requested is necessary for that official to (a) perform appropriate tasks that are specified in his/her position description or by a contract agreement; (b) perform a task related to a student’s education; (c) perform a task related to the discipline of a student; or (d) provide a service or benefit relating to the student or student’s family such as health care, counseling, job placement or financial aid.
What is Legitimate Educational Interest? Feedback regarding Student Privacy from the Higher Learning Commission: O 7P4: Given the small nature of the institution, there appear to be limited restrictions on employee access to internal data; thus it is unclear how data of a confidential nature are managed, particularly with regard to FERPA. Defining and implementing relevant restrictions could serve to ensure appropriate data access and use. Kansas Senate Bill 367 Defines how and to whom K-12 individual student data will be shared. “The authorized personnel of the department or a school district who require such disclosures to perform their assigned duties” Institutional Research Data Request Form What data do you need? When do you need the data? What are you going to use the data for? Available on the Personnel page of the ICC Website.
What about the rest of the information? Disclosure – non-directory or private information can only be disclosed if the student has given written permission before releasing the information. Exceptions include, but are not limited to: Subpoena or court order School official with legitimate educational interest Health or safety emergency Any branch of the United States Armed Forces Federal and State Data Collection and Use Federal Access to individual student records and personally identifiable information (PII) Access to individual student records and PII for researchers performing certain types of studies State Kansas Board of Regents (KBOR) collects, compiles, permanently retains, and shares student records KBOR tracks individual student participation in education and other programs. This information is commonly used as part of the Kansas Higher Education Data System (KHEDS).
Important Forms Transcript Request Verification of Education Authorization for Release of FERPA Protected Student Information IR Data Request Form
Protecting the Rights of Students Their Rights, Our Responsibility
Email From Saavedra, Matt, FERPA: The law you think you know, until you don’t http://depts.washington.edu/registra/blog/2013/02/05/ferpa/