FERPA The Family Educational Rights and Privacy Act

proprietary and confidential information ▪ all rights reserved 2 FERPA And Students  FERPA gives students the right to privacy of their educational records.  FERPA gives students the right to inspect and review their education records.  FERPA gives students the right to seek amendments to their educational record.  FERPA gives students the right to control the disclosure of information contained in their educational records.

proprietary and confidential information ▪ all rights reserved 3 Topics To Be Covered  Educational Records  Directory Information  Non-directory Information  Responsibilities of all Employees

proprietary and confidential information ▪ all rights reserved 4 Educational Records  Academic records which contain information from which a student can be individually identified  Academic records maintained by TCS personnel  Academic records maintained by an agency acting on behalf of TCS  Academic records in any medium (computer files, , documents)

proprietary and confidential information ▪ all rights reserved 5 Educational Records  Database Records  Academic Files  Transcripts  Training Records  Advisement File if shared with others  Admission Files of Matriculated students  Committee Files on Individual Students  Any part of a larger document that identifies an individual student

proprietary and confidential information ▪ all rights reserved 6 Educational Records ARE NOT Records created and maintained by one person, kept in sole possession of that one person, and not accessible to others  Includes “sole possession” records created by instructional, supervisory, and administrative personnel  Therefore, if you share documented information with another employee, it becomes an educational record

proprietary and confidential information ▪ all rights reserved 7 Educational Records And All Employees  Every employee has access to educational records.  Every employee has the responsibility to protect the privacy of educational records.  Every employee may one day be placed in a “disclose or not-to-disclose” situation.  TCS must comply with FERPA, therefore all of its employees must comply.  Employees cannot comply if they do not know the rules of FERPA.

proprietary and confidential information ▪ all rights reserved 8 Directory Information  Certain information within the educational record can be made public automatically.  This information is called directory information.

proprietary and confidential information ▪ all rights reserved 9 Directory Information  Name  Date and Place of Birth  Address (includes )  Phone Number  Dates of Attendance  Program of Study  Degree Completion Date  Degree Earned  Student Enrollment Status  Previous Institutions Attended and Degree Earned.  Participation in Official TCS Activities and Organizations.  Class Schedule  Class Roster  Photographs

proprietary and confidential information ▪ all rights reserved 10 Directory Information  You can give a caller directory information.  You can send a letter that includes directory information.  You can give any coworker directory information.

proprietary and confidential information ▪ all rights reserved 11 Directory Information And Exceptions  TCS directory information may be disclosed however the student has the right to request that information not be made public.  The Office of Student Services maintains a list of students who have requested that their directory information not be released.

proprietary and confidential information ▪ all rights reserved 12 Non-Directory Information  Certain information within the educational record may not be made public.  This information is called non-directory information.

proprietary and confidential information ▪ all rights reserved 13 Non-Directory Information  Social Security Number  Grade Point Average  Race/Ethnicity  Gender  Employment Information  Academic Probation Status  Academic Dismissal Status  Other Disciplinary Issues  Admission Information such as test scores and entering grade point averages  Anything else not listed as directory information.

proprietary and confidential information ▪ all rights reserved 14 Non-Directory Information And Grades  Posting grades by name, social security number, student id number, or in alphabetical order is in violation of FERPA.  Posting grades by any method that may individually identify a student is in violation of FERPA.  TCS personnel should never publicly post grades in any fashion.

proprietary and confidential information ▪ all rights reserved 15 Non-Directory Information And School Officials  Non-directory information may be released to school officials with legitimate educational interest provided he/she needs to review the record in order to fulfill his or her professional responsibilities.  School officials can be: administrators; supervisors; instructors; support staff; person serving on the board; person or company with whom the institution has contracted to perform a special task; or a student serving on an official committee or assisting another school official in performing his/her tasks.

proprietary and confidential information ▪ all rights reserved 16 Non-Directory Information And Parents FERPA regulations protect adult students and prevent us from releasing non-directory information to parents without the student’s written consent.

proprietary and confidential information ▪ all rights reserved 17 Non-Directory Information May Be Released Written releases from a student will allow TCS to release non-directory information.  Release must be: signed, dated, specify the information to be released, the reason the information will be released, and contact information about the party to whom disclosure should be made.  Facilitation of release is handled through the Office of Student Services.  or faxed requests for release are not acceptable because we cannot confirm sender and the student cannot sign .  A record of the release is retained in the student’s academic file.

proprietary and confidential information ▪ all rights reserved 18 Non-Directory Information May Be Released When writing letters of recommendation, remember the following:  Statements made by a recommender which contain personally identifiable information from the student’s education record DO require a written release.  Statements made by a recommender which are made from personal observation or knowledge DO NOT need a written release. In the case of emergencies or judicial orders/subpoenas, know that:  TCS must make a reasonable effort to notify the student in advance that information will be disclosed.  A record of the disclosure is maintained by the Student Services Office.

proprietary and confidential information ▪ all rights reserved 19 If you remember anything about FERPA, remember the following!

proprietary and confidential information ▪ all rights reserved 20 RULE OF THUMB: ONE FERPA decides what information from the educational record TCS is permitted to disclose, not what TCS is required to disclose.  You don’t have to disclose information simply because someone requests it.  You don’t have to disclose information immediately.

proprietary and confidential information ▪ all rights reserved 21 RULE OF THUMB: TWO The Office of Student Services will place an alert in CampusVue if students don’t want directory information disclosed. At the moment no one has asked that information be withheld.

proprietary and confidential information ▪ all rights reserved 22 RULE OF THUMB: THREE Just because someone works for TCS, it doesn’t mean he or she automatically has access to educational records.  Remember, the school official must have a legitimate educational interest  Legitimate educational interest means the review of the record is necessary to fulfill professional responsibilities.  If you maintain educational records in your office, it is your responsibility to ensure compliance.

proprietary and confidential information ▪ all rights reserved 23 RULE OF THUMB: FOUR Always protect the privacy rights of students.  No educational records sitting unattended on top of your desk  No educational records left in photocopy machine  No educational records in plain view on the fax machine  No educational records shared with a coworker who doesn’t have a legitimate educational interest  No disclosure unless you know it is permissible  No s, lists or notes with social security numbers

proprietary and confidential information ▪ all rights reserved 24 RULE OF THUMB: FIVE Consult the Director of Student Services if you have questions.

proprietary and confidential information ▪ all rights reserved 25 Congratulations! You have completed the FERPA Orientation. Thank you for your time!