Family Educational Rights and Privacy Act (FERPA) Online Training

Family Educational Rights and Privacy Act (FERPA) Online Training The material that follows is designed to prepare authorized members of the campus community to fully understand the responsibilities of handling student record information under FERPA and the University’s student records policy. NLU is legally and ethically obligated to protect the confidentiality of students’ records. Everyone requesting access to student data is required to review this training material.

FERPA is a federal law, also known as the Buckley Amendment What is FERPA? FERPA is an acronym for the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g, 34 CFR § 99) FERPA is a federal law, also known as the Buckley Amendment FERPA protects the privacy of a student’s education records

Why Should I Care about FERPA? If a member of the University violates FERPA, the Department of Education could take away the University’s student federal funding Violation of FERPA may constitute grounds for staff disciplinary action or dismissal It's the right thing to do. Our students depend on us to keep their academic information confidential.

What are the FERPA Basics? Student education records are considered confidential and may not be released without the written consent of the student As a faculty or staff member you have a responsibility to protect education records in your possession Some information (called “Directory Information”) can be released without the student’s written permission. The student, however, may opt to consider this information confidential as well. Before releasing any Directory Information, you should consult with the University Registrar’s Office to determine whether the student has chosen to prevent disclosure and to insure any release is consistent with University policy.

FERPA Basics continued You have access to student information only for legitimate use in completion of your responsibilities as a University employee. Legitimate educational need to know determines who within the University may access information and in what capacity they may do so. If you are ever in doubt, do not release any information until you contact the University Registrar’s Office at registrar@nl.edu. You also have the option to refer the person making the request to the University Registrar’s Office.

Test yourself You get a call from someone identifying himself as a student, asking about his grades. Can you give out that information on the telephone? Yes or No

no No. FERPA-protected information should only be disseminated in person with the student’s picture identification or in writing upon written request of the student. The student can access this information through his portal, or you can provide this information through the student’s NLU email account.

What is Directory Information? Directory information is personal information about a student, the release of which is not normally considered a violation of a person’s privacy Directory information may be disclosed without a student’s written consent unless a student has notified the Registrar’s Office in writing that this information should not be released The University has defined what constitutes directory information If you do not have a way of knowing whether or not a student has requested confidentiality of directory information, do not release it until you have verified this with the Registrar’s Office Just because you may release directory information does not mean you should. The University considers a student’s right to privacy to be very important and does not routinely share directory information with third parties.

How does a student request confidentiality of directory information? To request that directory information be made confidential, the student must notify (in writing) the University Registrar’s Office The form for this request can be found on the NLU website If a student requests confidentiality of directory information, it is all-or-nothing. In other words, not even the student’s name will appear in on-line directories and you are not permitted to acknowledge that the person is a student at NLU.

Who is Protected Under FERPA? The rights under FERPA apply to eligible students An eligible student is an individual who is or has been in attendance at National Louis University

What Information is considered Directory Information at NLU? Name (including both maiden name and married name, where applicable) Address, telephone listing and electronic mail address (currently enrolled students only) Major field of study Dates of enrollment Degrees and awards received Honors or awards received Announcement of public performances or ceremonies officially recognized by the University

Test yourself You receive an email message from a reputable employer asking for names and addresses for students with a GPA of 3.0 or better. They have good job information to offer. Can you help students get jobs by giving out that information? Yes or No

no No. This information is protected by FERPA. You can provide the job information, including GPA requirements, to students, but you cannot provide student GPA information to an employer without the written consent of the student.

What Constitutes a Student’s Education Record? The definition of an education record under FERPA is broad. It essentially refers to any record that is directly related to a student and that is kept by the University or someone acting on behalf of the University from which an individual student, or students, can be personally (individually) identified. This can include: files, documents and materials in any medium (handwritten, tape, disks, film, microfilm, microfiche, etc.) Written permission must be obtained from a student before releasing an education record, unless the request fits certain narrow exceptions. See NLU’s FERPA webpage. When in doubt, assume that the item, if it relates to a student, is an education record and seek further assistance

Test yourself Professor X wants to know the GPA of Student Y. He is not Student Y’s advisor. He says he is entitled to it because he is a school official and needs it to complete his official academic responsibilities. Do you give it to him without further question? Yes or No

NO No. Professor X may have a need to have FERPA-protected information about Student Y, but this access should be requested through the University Registrar who will determine if adequate educational need is demonstrated.

What are the Student’s Rights Under FERPA? Subject to FERPA exclusions, the right to see the information that the institution is keeping on the student The right to seek amendment to those records and in certain cases append a statement to the record Subject to FERPA exclusions, the right to consent to disclosure of his or her records The right to file a complaint with the U.S. Department of Education

Test yourself You receive a subpoena in the mail. It appears to be a legal, court ordered subpoena. Should you supply the student information? Yes or No

Yes Yes. After verifying with the Registrar’s Office that this is a valid subpoena, you must provide the required information under the law.

What about Parents and Spouses? When a student reaches the age of 18 or begins attending a postsecondary institution, regardless of age, FERPA rights transfer to the student Parents may obtain directory information at the discretion of the institution Parents may obtain non-directory information (grades, GPA, etc.) only at the discretion of the institution AND after the student has granted the parent access to this information in writing The University Registrar’s Office maintains signed consent from students who have chosen to allow release of non-directory information to parents or spouses

What about Parents and Spouses? Continued The spouse has no rights under FERPA to access the student’s education record. The student, however, may sign a consent form giving the spouse access to these records. No other third party may be given direct access to a student’s FERPA-protected records

Important Reminders Do not display student scores or grades publicly in association with names, student ID numbers (even the last 4 digits of the SSN) or other personal identifiers or circulate a printed class list with the students’ names and Social Security numbers as an attendance sheet Do not put papers or lab reports containing student names and grades in publicly accessible places. Students should not have access to the scores and grades of others in the class. Do not share student education record information, including grades or grade point averages, with other faculty or staff members of the University unless their official responsibilities identify their “legitimate educational interest” in that information for that student Do not share by phone or correspondence information from student education records, including grades or grade point averages, with parents or others outside the institution, including letters of recommendation, without written permission of the student All paper related to student education records must be stored in locked filed cabinets when not in use. When records are no longer needed, they must be shredded.

Test yourself Professor X returned graded papers with students names on them by asking students to pick them up from a box in his office. Has Professor X violated the students’ FERPA rights? Yes or No

Yes Yes. Students may not have access to the scores and grades of others in the class.

Where do I Find NLU’s Full FERPA Policy? See National Louis University's interpretation of FERPA The summary information in this material is not a substitute for reading NLU's FERPA statement

Who May I Contact if I have Questions about FERPA? Please contact the University Registrar’s Office in writing or by e-mail (preferred) at registrar@nl.edu. All responses will be in writing.