Presentation on theme: "What is FERPA? Family Educational Rights and Privacy Act."— Presentation transcript:
What is FERPA? Family Educational Rights and Privacy Act
Family Educational Rights and Privacy Act of 1974 “A FEDERAL LAW DESIGNED TO PROTECT THE PRIVACY OF EDUCATION RECORDS, TO ESTABLISH THE RIGHT OF STUDENTS TO INSPECT AND REVIEW THEIR EDUCATION RECORDS, AND TO PROVIDE GUIDELINES FOR THE CORRECTION OF INACCURATE AND MISLEADING DATA THROUGH INFORMAL AND FORMAL HEARINGS.” DEFINITIONS OF TERMS FOR ADMISSIONS AND RECORDS. Washington, D.C.: AACRAO, 1980, p. 28.
BACKGROUND INTRODUCED IN 1974 BY SENATOR JAMES BUCKLEY OF NEW YORK BEGAN AS A SECTION OF THE GENERAL EDUCATION PROVISIONS ACT CALLED THE PROTECTION OF THE RIGHTS AND PRIVACY OF STUDENTS AND PARENTS ALSO REFERRED TO AS THE “BUCKLEY AMENDMENT”
WHO ENFORCES FERPA? THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT IS ENFORCED BY THE FAMILY POLICY COMPLIANCE OFFICE, U.S. DEPARTMENT OF EDUCATION, WASHINGTON, D.C.
TO WHOM DOES FERPA APPLY? APPLIES TO ALL INSTITUTIONS THAT RECEIVE FEDERAL FUNDING (K-12 and Higher Education)
WHAT ARE THE CONSEQUENCES FOR VIOLATING FERPA? FEDERAL FUNDS TO THE INSTITUTION MAY BE CUT OFF FEDERAL FUNDS INCLUDE FINANCIAL AID AND EDUCATION GRANTS STUDENT’S PRIVACY RIGHTS ARE VIOLATED
WHAT DOES FERPA GUARANTEE STUDENTS? RIGHT TO INSPECT AND REVIEW EDUCATION RECORDS RIGHT TO SEEK TO AMEND EDUCATION RECORDS RIGHT TO LIMIT DISCLOSURE OF EDUCATION RECORDS
WHAT IS A STUDENT*? (*at an institution of higher education) Currently enrolled or formerly enrolled Regardless of age Regardless of parental dependency Does not apply to deceased students or persons who have applied but not attended
WHAT IS AN EDUCATION RECORD? AN EDUCATION RECORD CAN BE DEFINED AS: ANY INFORMATION PROVIDED BY A STUDENT TO THE UNIVERSITY FOR USE IN THE EDUCATIONAL PROCESS -OR- ANY RECORD FROM WHICH A STUDENT CAN BE PERSONALLY IDENTIFIED
WHAT IS AN EDUCATION RECORD? AN EDUCATION RECORD MAY BE: A DOCUMENT A COMPUTER PRINTOUT A CLASS LIST ON A DESKTOP A COMPUTER DISPLAY SCREEN A HANDWRITTEN NOTE
WHAT IS NOT AN EDUCATION RECORD? Sole possession records or private notes Law enforcement or campus security records Records relating to individuals who are employed by the institution (unless employment is contingent upon student status) Records relating to treatment by physician, psychiatrist, psychologist, etc.
DIRECTORY INFORMATION AT ECU NAME ADDRESS (including e-mail address) TELEPHONE DATE & PLACE OF BIRTH MAJOR FIELD OF STUDY ACTIVITIES & SPORTS HEIGHT & WEIGHT OF ATHLETIC TEAM MEMBERS DATES OF ATTENDANCE DEGREES & AWARDS RECEIVED MOST RECENT PREVIOUS EDUCATIONAL AGENCY OR INSTITUTION ATTENDED
ACCESS TO DIRECTORY INFORMATION Directory information can be released by ECU without written consent of the student Students may choose to not have their phone number published in directories Students may choose to file a Non- Disclosure with the Office of the Registrar
REQUEST TO PREVENT DISCLOSURE PREVENTS ALL DIRECTORY INFORMATION FROM BEING RELEASED WITHOUT PRIOR CONSENT THIS INCLUDES (BUT IS NOT LIMITED TO) INFORMATION REQUESTED BY INSURANCE COMPANIES, POTENTIAL EMPLOYERS, ENROLLMENT VERIFICATIONS TO OTHER INSTITUTIONS, PARENTS
Disclosing Non-Directory Information A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his/her professional responsibility. Legitimate Educational Interest = The demonstrated need to know by those officials of an institution who act in the students’ educational interest, including faculty, administration, clerical and professional employees, and other persons who manage student record information.
PARENTAL ACCESS TO STUDENT RECORDS AT THE COLLEGE/UNIVERSITY LEVEL, RIGHTS TRANSFER FROM PARENTS TO STUDENTS REGARDLESS OF THE AGE OF THE STUDENT
How Parents Can Obtain Information Parents can provide to the Office of the Registrar: The specific written consent of the student: An online “Buckley Form” completed on OneStop by the student Specific letter for the current request for information A copy of their most recent tax return form stating their son/daughter is a dependent