FERPA Family Educational Rights and Privacy Act and Rebecca Macon Registrar University of Georgia Presentation for GASFAA October 2005

FERPA Family Educational Rights and Privacy Act of 1974, as amended Also referred to as the Buckley Amendment

In a Nutshell… College students must be permitted to inspect their own educational records. School officials may not disclose personally identifiable information about students nor permit inspection of their records without written permission unless such action is covered by certain exceptions permitted by the Act.

Gives students the right to: Inspect and review their educational records Request the amendment of inaccurate or misleading records Consent to disclosure of personally identifiable information File a complaint with the U.S. Dept. of Education concerning alleged failures to comply with this law.

Who must comply with FERPA? Any educational institution or educational agency that receives funds under any program administered by the Secretary of Education.

Who is covered? Any individual who is taking or has taken a course at your institution – Regardless of age. – Includes continuing education students, correspondence students, students auditing a course and distance education students.

When does FERPA protection begin? FERPA rights and protection do not begin until a student is “in attendance.” – “In attendance” is determined by an institution. Registers for classes At orientation Pays deposit First day of classes – Defaults to the day the student first attends a class.

What is an Education Record? Any record, with certain exceptions, maintained by an educational agency or institution or a party acting for the agency or institution that is directly related to a student or students. This record can contain a student’s name, or students’ names, or information from which an individual student, or students, can be personally (individually) identified.

What is “Personally Identifiable”? Basically, it is anything that would make the student’s identity easily traceable.

Directory Information may Include: Student’s Name Address(es) Phone number(s) Date/place of birth Major Fields of study Dates of attendance Degrees and awards received Most recent education institution attended Participation in officially recognized activities and sports Height/weight of athletic team members

Directory Information – con’t May also include the following additions: Class schedule* address Class rosters* Photographs *Class Schedule and Class Rosters are currently under review as to whether they will remain directory information.

What Can Never be Included: Race Gender Social security number Grades GPA Country of citizenship Religion

Release Restriction The student may restrict the release of any or all directory information. The only appropriate response when a student has a restriction (other then just address information) is: – “We have no information available on that individual."

Parents Educate parents regarding FERPA at orientation. May obtain non-directory information if most current Federal Income Tax Return indicates student is a dependent. Alcohol violations. Signed release by student specifying what information they may obtain.

Parents – con’t FERPA makes no distinction between biological parents and custodial parents.

Sample Written Authorization for Release I give permission for _______________ to release my ____________________________________ (specific education record information to be released) to ___________________________________ (name and address) for ___________________________________ (purpose) Signed__________________ Date___________

Electronic Signature April 21, 2004: Final Rule amending FERPA regulations to permit a school to accept an electronic signature as consent to disclose education records to a third party under specified conditions. FSA “Safe Harbor” – FSA Electronic Signature Standards may be used as a model for other areas.

and FERPA Two Factors: You must be able to authenticate identity of sender. There is no guarantee of confidentiality in transmitting information electronically via .

and FERPA – Con’t Cautions Does the student have a restriction on his/her records? Only respond to s from your institution’s account. Use only the last 4 digits of the SSN – And only when necessary Refer inquiry to website whenever possible.

and FERPA – con’t What questions/inquiries do you receive via ?

Family Policy Compliance Office U.S. Department of Education 400 Maryland Ave., SW Washington, DC