1. FERPA, Title IX, and Title IV Conflicts

2. Agenda
FERPA
Scenarios
Title IX
Discussion

3. What is FERPA?
Family Educational Rights and Privacy Act of 1974, as amended
Protects the privacy of student records
Governs the disclosure and access to student records (K-12 schools and postsecondary)

4. Primary Rights Inspect and review their education records
Have some control over the disclosure of their
information
Seek to amend incorrect education records

5. Protection Who is protected under FERPA? Who is NOT subject to FERPA?
Education records of students who are currently enrolled or formerly enrolled regardless of age or status.
Who is NOT subject to FERPA?
Education records of students who have applied but not attended an institution
Deceased students

6. Educational Records Education records are defined as records that are:
Directly related to the student, and
Maintained by an educational agency or institution or by a party acting for the agency or institution, if certain conditions are met.
Education records are not: sole possession records, law enforcement unit records, employment records, medical records, or post-attendance records.

7. Link to our Disclosures http://web3.muw.edu/disclosures/ferpa
Example: MUW
Link to our Disclosures
DIRECTORY INFORMATION:
Name
Addresses
Telephone number
Date and place of birth
Major field of study
Participation in officially recognized activities
Dates of attendance, to include but not limited to dates of withdrawal, dates of re-admittance, and dates of graduation
Enrollment status (e.g. undergraduate or graduate; full-time or part-time)
Degrees, honors and awards received
Most recent educational agency attended by the student
addresses

8. Scenario 1 What should you give them?
You work in the Financial Aid Office. You are talking with a member of an alumni group. They are establishing a new scholarship to be offered to students from their local area who are attending your institution. The evaluation of the applications will be done by a scholarship board from the alumni group. The Alumnus has asked you for the names, addresses and GPAs for all the currently-enrolled students from that area.
What should you give them?

9. Scenario 1
Since the alumni are not employees of the institution, generally, they are unable to be provided personally identifiable information from student records. Therefore, you should only release directory information to them. However, if students applying for financial aid have given written permission to release information to third parties in reviewing all their financial aid opportunities, you could release their information.

10. Scenario 2 How would you respond to your colleague?
The director of financial aid comes to you and asks for your interpretation of when parents can/cannot see a student’s education record. She says that she had just attended a financial aid workshop where FERPA had been discussed. The college lawyer who made the presentation told them that dependency “had nothing to do with it unless the student is under 18. If the student is over 18, s/he has the right to the educational record, not the parents. If the student chooses to waive that right and let college administrators release that information, that’s up to the student. Otherwise, we cannot disclose anything from the education record without the student’s permission.”
How would you respond to your colleague?

11. Scenario 2
The lawyer is partially correct. FERPA rights pass to the student at age 18 or when s/he begins attending a college/university. Parents have only those rights of access that the student or institution gives to the parents. In general, if the parents prove legal dependency (IRS standard, not financial aid standards), the institution may provide access to the parents.

12. Title IX

13. What is Title IX Title IX of the Education Amendments of 1972
Protects people from discrimination based on sex in education programs or activities which received Federal financial assistance
Enforced by the U.S. Department of Education’s Office for Civil Rights (OCR)

14. What is Title IX
“No person in the United States shall, on the basis of sex, be excluded from participation in, be denied the benefits of, or be subjected to discrimination under any education program or activity receiving Federal financial assistance.”

15. Scope of Title IX
Applies to institutions who receive federal financial assistance from ED
(16,500 local school districts; 7,000 postsecondary institutions; charters schools; for-profits schools; libraries; museums; vocational rehabilitation agencies and educational agencies within the 50 states, D.C., and territories & possessions of the US.)
Educational programs and activities which receive ED funds must operate in a non-discriminatory manner.

16. Scope of Title IX
Retaliation for opposing an unlawful educational practice or policy, or made charges, testified or participated in any complain under Title IX is strictly prohibited.
Any retaliation is considered a violation of Title IX.

17. Key Issues Recruitment, Admissions, and Counseling
Financial Assistance
Athletics
Sex-based Harassment
Treatment of Pregnant and Parenting Students
Discipline
Single-sex Education
Employment

18. Institutional Impact Retention Legal Liabilities Reputation
Demands on fiscal resources
Demands on human resources
Safety concerns for the community

19. Scenario 1
Your financial aid office is reviewing all scholarships that are offered at your institution. You notice a scholarship that does not allow students with children to apply.
Should your office be concerned about this scholarship?

20. Scenario 2
You are serving on your financial aid appeals committee. A student has requested to appeal the loss of her financial aid but does not provide supporting documentation. This student left mid-semester due to a Title IX investigation.
Do you treat her as a special case or as you would all students?

21. Discussion
What are some cases you have dealt with for Title IV purposes which introduced FERPA and Title IX concerns?

22. Questions? Sirena Cantrell, Dean of Students slcantrell@muw.edu
Tammy Prather, System Projects Coordinator