1. FRONTLINE FERPA Strategies for Compliance with the Family Educational Rights and Privacy Act Prepared by the Office of Legal Affairs Updated November 14, 2008

2. Objectives At the conclusion of this briefing, participants will: Have a set of strategies for dealing with particular kinds of requests for access to student information. Have the opportunity to apply those strategies to a list of specific problem situations submitted by participants in advance of the briefing. Know the elements of a valid student consent. Know where to go for additional information.

3. Some Initial Points Focus here is on students currently attending or who have attended at any time in the past, and on information collected about them while they were attending. We will treat files of applicants who have never been in attendance as confidential, same as enrolled students. FERPA does not require that we provide any information “at once” or even the same day or week. We have a reasonable time to respond. Get each request for disclosures of confidential information in writing. “Records” means any format, including electronic.

4. The Strategy That Always Works Obtain a valid student consent to disclose confidential information from the student’s record. Requirements for valid consent: Written Dated Signed by student Purpose of disclosure Records to be disclosed To whom records to be disclosed

5. Strategy I Subpoenas and Court Orders to produce student records: Hand–deliver to Office of Legal Affairs on date received. For a subpoena/court order that appears limited to items in the Registrar’s Office files, the subpoena/court order can be delivered to the Registrar. Time is very important—don’t delay.

6. Strategy II People who want to help students by providing jobs, internships, financial assistance, etc: Obtain the student’s written consent either in advance for a class of requests, or individually when the specific request is received, OR Achieve the result the benefactor wants without releasing confidential student information to the would-be benefactor.

7. Strategy III Parents who ask for information about their son/daughter’s student account balance, grades, class attendance: Say “Yes, and all I need is the student’s written consent,” not “No, we can’t release”. If student won’t sign release, have parent contact the Office of Legal Affairs.

8. Strategy IV Law enforcement officials who seek information about students but who do not have a subpoena or court order: Refer to UNC Charlotte’s Chief of Police or Watch Commander for handling 24/7.

9. Strategy V People who request information about a student because of “an emergency”: Must be a true “health or safety emergency” to rely on that specific FERPA exception (i.e. immediate loss of life, injury, danger, etc.). If not a true emergency, we cannot use this exception. Need written consent. Other ways to solve the problem.

10. Strategy VI People who request “directory information” about a particular student: Determine Is it “directory information” only that is requested? (see http://www.legal.uncc.edu/DirectoryInfo.html)http://www.legal.uncc.edu/DirectoryInfo.html AND Has the student “blocked” disclosure of directory information? If the request is only “Is the student enrolled,” or “What degree did the student receive?”, use Ed Verify or National Student Clearinghouse located on the web at: http://www.registrar.uncc.edu/verify.htm. http://www.registrar.uncc.edu/verify.htm

11. Strategy VII People who request “directory information” about a whole database of students: Refer the requesting party to the University Registrar.

12. Where to Get Help FERPA Guidance Website http://www.legal.uncc.edu/ferpa-resources.html Tutorial Consent Form “Handling Parent Requests for Confidential Information from Student Records” link Office of Legal Affairs Staff David Broome, debroome@uncc.edudebroome@uncc.edu Amy Kelso, askelso@uncc.eduaskelso@uncc.edu Krista Newkirk, krista.newkirk@uncc.edukrista.newkirk@uncc.edu Jesh Humphrey, jesh.humphrey@uncc.edujesh.humphrey@uncc.edu Christopher Knauer, Registrar, cknauer@uncc.educknauer@uncc.edu For Emergency Requests, call Campus Police, x2200