F AMILY E DUCATIONAL R IGHTS & P RIVACY A CT (FERPA) An Overview for University Faculty and Staff

What is FERPA? Family Educational Rights and Privacy Act (1974) Provides guarantees regarding the access to and confidentiality of education records Institutions may NOT disclose information in education records without a student’s written consent

Who must comply with FERPA? Generally, any education institution receiving funds under any program administered by the Department of Education. Consequences of non-compliance: loss of ALL funding from the Department of Education!

What are student rights under FERPA? Right to inspect and review education records Right to seek to amend education records Right to have some control over the disclosure of information from education records

Definition: School Official & Legitimate Educational Interest School Official: Individual performing tasks as assigned Legitimate Educational Interest: Employees MAY access student educational records based upon a “need to know” in order to carry out responsibilities

Definition: Student Any individual who is or has been in attendance at an institution, and Once a student starts to attend college, FERPA rights transfer from the parent to the student

Definition: Educational records Records directly related to a student containing identifiable information Educational records are not… –Sole possession records –Law enforcement records –Employment records – unless contingent on attendance (i.e. assistantships) –Medical records

Sole Possession Records Records kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person Sole possession records become education records when they are placed in an area where they can be viewed by others

What does FERPA require for compliance? Notify students annually of their rights Provide students access to their education records Prevent improper disclosure of personally identifiable information Maintain adequate records of requests and disclosures Provide opportunity for challenge of the contents of education records

Student Access Students have the right to: –Inspect and review their records within 45 days of the request to inspect –An explanation and interpretation of their record Signatures are not required for release of information directly to the student We are not required to provide copies

Student Access Departmental records are included under FERPA and students must be allowed access to them if requested If a student requests access to any record not solely maintained within department files they need to be referred to the Office of Admissions and Records

Protecting Student Information There are two classes of education records: –Directory information (public)— information not normally considered a violation of a person’s privacy –Non-directory information (private)— race, gender, social security number, NSHE-ID, grades, GPA, country of citizenship, religion

Disclosing Directory Information We may release, without written consent, directory information under certain conditions. In general, we recommend you do not release directory information to ANY third party, but refer any requests for directory information to Admissions and Records.

Disclosing Non-Directory Information A student’s written permission is required to release non-directory information to a third party unless the release is justified under one of the exceptions.

The Exceptions We may release information without written consent to: –The students themselves –School officials determined by the institution to have a legitimate educational interest Other exceptions that should be referred to Admissions and Records –Persons in an emergency –Accrediting organizations carrying out their accrediting functions

Communication of Student Data Communication and dissemination of non-directory information must be done in a secure manner. –Secure methods: Fax, SFTP, sealed envelope –Non-secure methods: Portable media can be secure IF when not in use it is kept in a locked, secure environment

Storage and Disposal of Records Store student files in a secure location, preferably in a locked filing cabinet in a secure room. Don’t dispose of degree audits, transcripts, grade, unclaimed papers or exams, etc. in a trash can. Any document with personally identifiable information on it needs to be destroyed by shredding it.

Best Practices Do NOT post grades in a public place Do NOT leave graded work in a public location for students to pick up DO request a student’s written permission to use their grades or GPA in a letter of recommendation DO lock up file cabinets and secure rooms used for storing confidential student files Do NOT discard any educational records without first shredding them

Best Practices Be familiar with the FERPA flags in the student information system. Regularly conduct an office audit. Make certain the fax machines, printers, copy machines and computer screens are not publically accessible. When in doubt, contact the Registrar’s Office!

E XAMPLES A series of FERPA situations you may encounter

Posting Student Grades Scenario #1: You want to notify your students of their mid-semester grades by either posting them outside your door or on your class web-page. You are not sure how this might relate to the FERPA. Is it okay to post grades by the last four digits of the students’ SSN or NSHE-ID?

Scenario #1: Answer No it is not okay to post grades by the last four digits of the students’ SSN or NSHE-ID. Social Security Numbers and NSHE-IDs are non- directory information.

Handing back graded work Scenario #2: You have final exams that you need to distribute to students and class is out for the term. Can you leave them outside of your office? What other ways are appropriate to distribute these?

Scenario #2: Answer No you cannot leave the exams outside of your office Other options include: –Leaving them at the department’s front desk with an administrative assistant who will be checking ID when someone comes to pick up an exam –Asking students to include a self-addressed stamped envelope with their exam if they want them back –Asking students to come by your office at the start of the next semester

Scenario #3: You want to send out final grades via . Is this in violation of FERPA?

Scenario #3: Answer Yes it is a violation of FERPA because servers are not secure. Students can check view their grades on WebCampus after you have submitted them.

Parents Scenario #4: A father calls you about his son, he wants to know how he is doing. He is worried because he has not heard from him in several months. As his son’s advisor you have access to his records. What do you tell him?

Scenario #4: Answer You cannot reveal any information to the student’s father. Other Options: –You can call the student yourself and tell him that his father called you and has been waiting to hear from him –If the student lives on campus, you can tell the father to call Housing and ask them to do a Health and Safety Check –If the student lives off campus, you can tell the father to call UNRPD and ask them to do a Health and Safety Check –You can also call Housing or UNRPD yourself and ask them to do a Health and Safety Check

Requests for Information Scenario #5: A RGJ reporter calls asking you about one of your advisees. She has interviewed your advisee for a story and wants to confirm some of the facts with you. This student has already told the reporter his GPA and grades. What can you tell the reporter?

Scenario #5: Answer You cannot reveal any information to the reporter Other Options: –You can tell the reporter that he can ask the student to provide an unofficial or official transcript –You can tell the reporter to get a written release from the student

Legitimate Educational Interest Scenario #6: Your son/daughter just began school here. You are curious to see how they did their first semester. How do you find out?

Scenario #6: Answer You can ask your son/daughter how they did their first semester. You can ask them to set up third- party access to the system so that you can view information also. Do NOT look them up in the system yourself – that is a violation of FERPA.

Legitimate Educational Interest Scenario #7: You decide to take a class for fun one semester, and instead of waiting for grades to be posted through online self-service, you look at the class roster. Did you violate FERPA?

Scenario #7: Answer Yes, you did violate FERPA. You not only saw your grades, but you also saw the grades of everyone else in your course. You can view your grades on WebCampus.

Questions Heather Turk-Fiecoat, Ph.D. Associate Registrar Caitlin McKinney