The Georgia Open Records Act and ferpa

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

What is Georgia open records? Georgia Law 50-18-70 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 emails and meeting notes

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

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

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

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.

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

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

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

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 Email 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.

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

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

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 20202-5920 202 260-3887