1. Family Educational Rights and Privacy Act A Tutorial Guide to FERPA

2. We have increased access to restricted information with the IECC Banner and Entrata integrated database. The consequences of how we handle, or mishandle, student information are significant. What student information can you disclose, and to whom, under the Family Educational Rights and Privacy Act (FERPA)? This tutorial will help you answer these questions.

3. Overview of FERPA Most student records at the colleges are considered “educational records” that are protected by FERPA, including computer records. The student has a right to “access and review” his/her records. All educational records are confidential (except directory information in most cases) and cannot be disclosed unless the student consents or the request fits one of the exceptions. Faculty and staff generally may not see a student’s education records without first identifying a legitimate educational interest or one of the other exceptions under which the record can be reviewed. Parents do not have an automatic right to view their children’s postsecondary education records.

4. Student Rights under FERPA Student Rights:  The right to inspect and review their education records.  The right to seek the amendment of education records.  The right to consent to the disclosure of education records.  The right to obtain a copy of the school’s FERPA policy.  The right to file a complaint with the FERPA Office in Washington, DC.

5. What are Educational Records? “Educational Record” is any information or data recorded in any medium, including but not limited to handwriting, print, tapes, film, e-mail, microfilm, and microfiche, which is directly related to a student and maintained by the colleges or by a person acting for the District. Examples of Education Records include: Admissions information for students who are accepted and enrolled; Biographical information including date and place of birth, gender, nationality, information about race and ethnicity, and identification photographs; Grades, test scores, evaluations, courses taken, academic specialization and activities, and official communications regarding a student’s status; Course work including papers and exams, class schedules, as well as written, email or recorded communications that are part of the academic process; Disciplinary records; Student financial and financial aid records; Internship program records.

6. Security of work area Take a look around your work area. What information do you have which may need to be handled in a secure way? For example:  Student registration forms?  Graded papers?  Advising packets?  Student information displayed on your computer screen.  Verifying address and phone number with other students present?  Discussing a student’s grades, financial aid, class schedule, or educational record in a public place.

7. IECC Responsibilities Students have the right to expect that information in their educational records will be kept confidential, and will be disclosed only with their permission or under the provision of the law. General Rule: Obtain written consent from students before disclosing any personally identifiable information from their education records to third parties. “Personally identifiable” means the information would make the student’s identity easily traceable. Examples include: the student’s name, the student’s parent or other family member’s name; the address of the student or the student’s family; or a personal identifier, such as the student’s identification number or social security number. Adequate written consent must state: The precise record to be disclosed, The purpose of the disclosure, To whom the disclosure may be made; and be signed and dated by the student.

8. Who Can Receive Education Information? You can disclose information from a student’s education record only with the student’s written consent. Some exceptions which do not require the student’s written consent are listed below. School officials who have a legitimate educational interest in the records are:  A person elected to the Board of Trustees.  A person employed by IECC in an administrative, supervisory, academic, research, or support staff position.  A person employed by or under contract with IECC to perform special tasks, such as legal counsel or an auditor.  If there is any question in your mind regarding any request for education records information, it is always better to err on the conservative side. Or, call the office that maintains that portion of education records and ask for guidance.

9. Student Right to Have Control Over the Disclosure of Information from Educational Records How does a student restrict information the College releases?  Students who elect to restrict the release of student information must complete the Directory Information Restriction Notification form, and file it with the Student Records Office at the primary college of attendance.  The Student Records Office will then check the confidentiality box in Banner that the student has requested restriction of release of information. If a student elects to restrict information then no information can be given out, including Directory Information, without a signed release form by the student.

10. Directory Information is a legal exception Directory Information means information contained in an education record of a student which would not be considered harmful or an invasion of privacy, if disclosed. It includes, but is not limited to, the student’s: a)name, date of birth; b)address and telephone number; c)e-mail electronic address; d)program area; e) dates of attendance; f)degrees earned and dates; g)participation in sports programs; h)weight, height, and athletic accomplishment of members of athletic teams, and; i)most recent educational institution attended.

11. If the confidentiality box is checked on this Banner screen, a student has requested his or her directory information be restricted for release. Be sure to check before releasing any information.

12. Examples of Request The followings situations deal with typical requests that a college employee might receive:  Employment reference  Posting of test scores  Law enforcement request  Parental request  Credit check

13. Student Request As a faculty or staff member of IECC, you receive a request from a former student asking for a recommendation for a prospective employer. You are pleased that a student has asked you for a recommendation and promise to send one out right away. What information do you have the ability to gather? What information are you authorized to release?

14. Dear Prospective Employer, Armed with the student’s academic record, you are ready to write the recommendation. You can give a great character reference from your own personal experiences with the student. However, you cannot release information from the student’s education record to anyone off-campus without the student’s written release.

15. Posting Grades FERPA does not allow us, as educational records custodians, to display any ID number that can be used to identify a student. Name and/or social security number are both used to identify a particular student. Grades may not be posted by Social Security number, Student ID or name. Grades may be posted only with an identifying number created specifically for posting that event.

16. USA Patriot Act of 2001 The USA Patriot Act of 2001 as amended to FERPA permits educational agencies and institutions to disclose – without the consent of the student or parent – personally identifiable information from the student’s education record to the Attorney General of the United States or to his designee in response to an ex parte order in connection with the investigation or prosecution of terrorism crimes.

17. Lawfully Issued Subpoenas and Court Orders Grand Jury Subpoenas – Institutions may be ordered to not tell the student of the request, or the information you released. Law Enforcement Subpoenas – Institutions may be ordered to not tell the student of the request or the information you released. All other Subpoenas – you must make a “reasonable” attempt to notify the parent or student of the order of the subpoena so they may seek protective action.

18. Education agencies and institutions may disclose information from an educational record to “appropriate parties” in connection with an emergency if knowledge of that information is necessary to protect the health and safety of the student or other individuals. This exception is “strictly construed.” Examples given were cases of smallpox, anthrax, bioterrorism attack, or direct threat to student safety. Health or Safety Emergency

19. Request Verification When a law enforcement agent presents their request, The steps to take are: Verify the agent’s photo identification Verify what information the release authorizes Keep a copy of the release Document information you release

20. Parental Request Parents of students may call or request information regarding their child’s enrollment information at their college of attendance. You will need to look up the student’s directory restriction chart in order to validate what information, if any, you can release to the parent. What does the student’s directory restriction chart tell you? What information can you release to the parent?

21. 18 years and older The directory restriction box indicates that the student, who is 18, has filed a Directory Information Restriction Notification form and as a result, you are unable to even confirm that the student attends Illinois Eastern Community Colleges. No address, telephone number, or current enrollment can be released. As a keeper of educational records you must follow the student’s directive. Schedules, grades, class attendance, and financial aid are not a part of the Directory Information and cannot be released without the student’s written permission. So even if the student has not restricted information, you cannot release information other than directory information to a parent. Refer the parent to the Student Records Office for a “Release of Student Information” form.

22. Parent Access To Student Records One area of the law that generates confusion is the right of a parent to access student record information. If the student is not a dependent for tax purposes, the parent has no right to access student record information about the child unless the parent has the child’s written permission. Parents stand in the same shoes as any outside party. Affidavits of parental claims and records of student permission are maintained in the Records Office of each college and are updated annually.

23. A FEW HIGHLIGHTS * In general, do not release any address information to off campus inquiries. * Check a student’s directory restrictions before you answer any questions. * Students may release any information by providing a signed release. * Information viewed on a computer screen should be treated with the same confidentiality as paper records. * Be sure to clear your computer screen when it will be unattended. * Do not discuss student’s educational records in public places. * Do not release information to others when in doubt, and it is best to check with the Students Record Department.

24. Tricky Request On the surface, respecting a directory information hold may seem simple enough. Unfortunately, there are potential pitfalls that even the most experienced FERPA expert can fall into. One of the most common is the indirect confirmation to a third party that a student, which has placed a hold on all directory information, is in fact enrolled at the institution. Example: A third party asks Institution X for Student A’s address. Institution X responds by saying, “We can’t provide that information because Student A has withheld the disclosure of directory information.” This would indirectly be telling the third party that Student A is in fact at Institution X – this likely violates FERPA. Sample Language to use: “I do not have any information on that person.” “I’m sorry. I have no information about that individual.”

25. Good Practices for Faculty and Staff Do refer requests for information from the educational records of students to the proper educational record custodian. Do keep only those individual student records necessary for the fulfillment of your teaching or advising responsibilities. Private notes of a professor/staff member concerning a student and intended for the professor’s/staff member’s own use are not part of the student’s educational record. Do keep any personal profession records relating to individual students separate from their educational records. Private records of instructional, supervisory and administrative personnel and ancillary educational personnel are to be kept in the sole possession of the maker and are not to be accessible or revealed to any other person, except a substitute. Do change factual information regarding grades and performance in an educational record when the student is able to provide valid documentation that information is inaccurate or misleading. The substantive judgment of a faculty member about a student’s work, expressed grades and/or evaluations, is not with the purview of a student’s right to challenge their educational record.

26. Good Practices for Faculty and Staff Do Not display student scores or grades publicly in association with names, social security numbers (or any part of), or other personal identifiers. Do Not put papers or lab reports containing student names and grades in publicly accessible places. Students are not to have access to the scores and grades of others in the class. Do Not request information from the educational record custodian without legitimate educational interest and the appropriate authority to do so. Do Not share student educational record information, including grades or grade-point averages, with other faculty or staff member in the district unless their official responsibilities identify their “legitimate education 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 parent or others outside the institution, including letters of recommendation, without written permission from the student. Do Not include a student’s education records or make available to him/her, or a third party, information from medical, psychiatric, or psychological reports; records from law enforcement officials on or off the campus; or notes of a professional staff person which are intended for that individual alone.

27. Frequently Asked Questions What if a parent of a student calls and inquires about the student’s enrollment status or requests a transcript of the student’s record? Assuming the student is over 18, an IECC employee who prints out a student’s transcript and gives it to the student’s parents, or a third party, or releases enrollment status without the student’s consent violates FERPA. Can we allow transcript requests via e-mail without a signed signature on file? Recent amendments to the FERPA legislation has allowed educational agencies to accept the use of electronic records and signatures. At this time IECC has not yet instituted a process in which to allow for email requests. If you have questions regarding release of records, contact the Student Records Office at your college, or call the Institutional Development Office at District Office. Remember - “when in doubt, don’t give out.”

28. Links To Additional FERPA Information èU. S. Department of Education: èhttp://www2.ed.gov/policy/gen/guid/fpco/ferpa/inde x.htmlhttp://www2.ed.gov/policy/gen/guid/fpco/ferpa/inde x.html

29. You have now completed the FERPA tutorial. As you can see, educational records are all around us. Each of us needs to do our part to keep this information secure, and protect students’ rights. The link below will provide a form for each employee to complete in order to obtain access to Banner and Entrata. Please click here to complete the Acknowledgment FERPA Form Please click here to complete the Acknowledgment FERPA Form or go to www.iecc.edu/ferpa/form.pdf Watch the IECC Intranet for FERPA updates. Should you have questions, contact the Student Records Office at your college. Thank you for giving us your attention, and completing the FERPA tutorial.