1. FERPA Family Educational Rights and Privacy Act A presentation for the Biola University Admissions Staff Angela Bessolo December 2004

2. Purpose of Workshop To be familiar with a brief history of legal issues in higher education To be familiar with a brief history of legal issues in higher education To understand the primary rights of students under FERPA To understand the primary rights of students under FERPA What are they? What are they? How do they pertain to Admissions? How do they pertain to Admissions? To be familiar with court cases dealing directly with FERPA issues To be familiar with court cases dealing directly with FERPA issues To identify the impact FERPA has on parent involvement with the institution To identify the impact FERPA has on parent involvement with the institution To discuss potential areas of training for new Admission staff members To discuss potential areas of training for new Admission staff members

3. History of law in Higher Education University law regarding students has developed and changed over time. University law regarding students has developed and changed over time. The Rights and Responsibilities of the Modern University –Robert Bickel and Peter Lake The Rights and Responsibilities of the Modern University –Robert Bickel and Peter Lake Four eras in which the law evolved: Four eras in which the law evolved: In loco parentis In loco parentis Civil Rights Era Civil Rights Era Bystander Era Bystander Era Duty Era Duty Era

4. History of law in Higher Education, cont… In loco parentis In loco parentis Prior to 1960 Prior to 1960 Sir William Blackstone coined the phrase Sir William Blackstone coined the phrase “in place of the parent” “in place of the parent” Universities were separated from the legal system Universities were separated from the legal system Institutional independence and freedom Institutional independence and freedom Civil Rights Era 1960’s – 70’s Students fight for their civil rights on college campuses “constitutional adults” Awarded due process Dixon v. Alabama State Board of Education Student viewed as “consumer”

5. History of law in Higher Education, cont… Bystander Era Bystander Era Universities were exempt from legal responsibilities for student safety Universities were exempt from legal responsibilities for student safety Solely an educator Solely an educator Students were perceived as “strangers” Students were perceived as “strangers” Tarasoff v. Board of Regents of the University of California Tarasoff v. Board of Regents of the University of California Courts began to consider “duty” Courts began to consider “duty” Duty Era Since the mid-1980’s Era of transition Urgent need to become more proactive in setting standards, rules, and guidelines for students Seeking a balance between university/student relationship Divided responsibility versus shared responsibility

6. FERPA How did it get started? How did it get started? Proposed by former New York Senator James Buckley on May 9, 1974 and became effective in November 1974. Proposed by former New York Senator James Buckley on May 9, 1974 and became effective in November 1974. Buckley’s initial intention Buckley’s initial intention The law was designed to protect the privacy of student education records. The law was designed to protect the privacy of student education records. Who does FERPA apply to? Who does FERPA apply to? The law applies to all schools receiving federal funds under the U.S. Department of Education programs. The law applies to all schools receiving federal funds under the U.S. Department of Education programs. Legislative purpose Legislative purpose “promote communication between institutions and the parents of students…” “promote communication between institutions and the parents of students…”

7. Primary rights under FERPA Right of Access Right of Access A student has the right to inspect and review all education records maintained by a school. A student has the right to inspect and review all education records maintained by a school. Right to Challenge Right to Challenge A student has the right to seek to amend education records. A student has the right to seek to amend education records. Right to Consent Right to Consent A student has a right to have some control over the disclosure of information from education records. A student has a right to have some control over the disclosure of information from education records.

8. Right to Consent Disclosure of Education Records Disclosure of Education Records 3 main components 3 main components Disclosure provisions Disclosure provisions Exceptions to the consent requirement Exceptions to the consent requirement Redisclosure Redisclosure “Directory information” exemption “Directory information” exemption

9. FERPA Exceptions to FERPA include: Exceptions to FERPA include: Law Enforcement Records Employment Records Medical Records Alumni Records Primary provisions with FERPA: Withholding of funds Problem with legislation

10. FERPA related court cases Only 2 cases have been subject to the Supreme Court: Only 2 cases have been subject to the Supreme Court: Owasso Independent School District v. Falvo Owasso Independent School District v. Falvo John Doe v. Gonzaga University John Doe v. Gonzaga University Admissions related: Admissions related: Osborn and Center for Equal Opportunity v. Board of Regents of the University of Wisconsin-System Osborn and Center for Equal Opportunity v. Board of Regents of the University of Wisconsin-System Open records request Open records request Miami University (Ohio) Miami University (Ohio) The Crime Awareness Act of 1990 (Roseiwig, Ethan) The Crime Awareness Act of 1990 (Roseiwig, Ethan)

11. Parents Impact on Parents Impact on Parents “Once a student is eighteen or enters a postsecondary institution, the rights of the parents transfer to the student unless the college decides to permit parents of dependent student’s access to student records.” (Weeks, Kent) “Once a student is eighteen or enters a postsecondary institution, the rights of the parents transfer to the student unless the college decides to permit parents of dependent student’s access to student records.” (Weeks, Kent) Parental Communication and Involvement Parental Communication and Involvement 5 basic parental rights under FERPA 5 basic parental rights under FERPA

12. Conclusions FERPA continues to serve as the defining piece of legislation for how colleges and universities define the relationship between the institution and parents. FERPA continues to serve as the defining piece of legislation for how colleges and universities define the relationship between the institution and parents. FPCO FPCO Family Policy Compliance Office Family Policy Compliance Office Electronic records Electronic records Faculty and staff Faculty and staff Parents do not have “automatic access” Parents do not have “automatic access”

13. Potential areas of growth Training and Management Training and Management “Training on security awareness should include supporting the information security program in general, as well as addressing the safeguarding of customer information. Training should cover anyone who has access to a system that has customer information, and also anyone who has access to paper copies of customer information.” FERPA issues in our application process? FERPA issues in our application process?