1. FERPA The Family Educational Rights and Privacy Act (The Buckley Amendment)

2. FERPA Case Study FERPA Case Study The parents of one of your students call you at the office. They are upset that their daughter has not told them what grades she received last semester, her first on campus. They suspect she did not do well, and that she may be in danger of losing a merit scholarship that helps pay tuition. They provide the rest of the financial support for their daughter, even claiming her as a dependent on their federal taxes – so they feel they have a right to know what the grades were. The parents of one of your students call you at the office. They are upset that their daughter has not told them what grades she received last semester, her first on campus. They suspect she did not do well, and that she may be in danger of losing a merit scholarship that helps pay tuition. They provide the rest of the financial support for their daughter, even claiming her as a dependent on their federal taxes – so they feel they have a right to know what the grades were.

3. QUESTIONS: QUESTIONS:  Do you inform them of their daughter’s grades?  What is your rationale for that decision?  If you do not grant their request, what options do you discuss with the parents?

4. What is FERPA?  A federal law.  Provides minimum standards for the management of student educational records.  Applies to all educational agencies or institutions that receive federal funds made available under any federal program administered by the Secretary of Education.

5. Primary Rights of Students Primary Rights of Students  Right to inspect and review educational records.  Right to seek to amend educational records.  Right to have some control over the disclosure of information from educational records.

6. The student does not have the right to see: The student does not have the right to see:  Financial information submitted by the parent.  Educational information of other students such as grades or test scores

7. What are educational records? What are educational records? All records which contain information directly related to a student and are maintained by the institution as a part of the student’s permanent school record. All records which contain information directly related to a student and are maintained by the institution as a part of the student’s permanent school record.

8. Two types of educational records  Directory Information  Non-Directory Information

9. Directory Information  Directory information may be disclosed without the written consent of the student.  The student may restrict the release of directory information.

10. STUDENT PRIVACY NOTICE As a student you have certain rights provided by the federal Family Educational Rights and Privacy Act (FERPA). According to FERPA, educational entities have the right to disclose certain “directory information.” This “directory information includes name; date of birth; current and permanent address; telephone listing; major and minor; current class schedule; number of hours enrolled in current semester; classification; participation in officially recognized activities and sports; weight and height of members of athletic teams; dates of attendance; degrees and awards received; most recent Educational Agency or Institution attended. This information can be provided to anyone who inquires and usually includes but is not limited to other institutions, prospective employers, or family members. FERPA also allows, with your consent, for the Texas Higher Education Coordinating Board (the State of Texas educational governing entity) to disclose student information, including the number of credit hours taken at other institutions, to a variety of parties including other educational institutions. This information is typically used to gather demographic statistics aimed at improving educational programs. YOU as a student have the right to request this information not be released. Please indicate your request that South Plains College not release your directory information by checking the following: ______I do not want my “directory information” as described in the above paragraph to be released to any parties. _____________________________________ __________________________________ (Signature) (Social Security Number) IMPORTANT NOTE: If you request that your directory information be private, no information will be released to a third party. This means that your information will be blocked from ALL requestors, including:  Third party scholarship sponsors  National & state student honors programs  Employers certifying attendance and degrees  Published honor rolls  Recruiting lists for other colleges/universities  State tuition rebates, Texas Grant awards, and other state scholarships

11. What does SPC identify as Directory Information? –Name –Date of Birth –Current and Permanent Address –E-mail address –Telephone Listing –Major and Minor –Enrollment Status (full-time or part-time) –Classification

12. Directory Information, continued –Participation in Officially Recognized Activities and Sports –Major and Minor Field of Study –Dates of Attendance (such as fall 2006 – not specific attendance records) –Degrees and Awards Received –Most Recent Educational Agencies or Institutions Attended –Photo or other Image

13. Non-Directory Information Non-Directory Information  May not be released to anyone without prior written consent of the student.  Faculty and staff can access non-directory information only if they have a legitimate academic need to do so.

14. Filebound?????

15. Examples of Non-Directory Information  Social Security Numbers  Student Identification Numbers  Race, ethnicity and/or nationality  Gender  Transcripts; grade reports

16. Parents and FERPA  Parental rights transfer to the student upon reaching 18 years of age or attending school beyond secondary level.  The law allows parental access if the student is claimed as a dependent for Federal income tax purposes.  The parent must complete a Certificate of Dependency form in Admissions and Records Office before access to records is permitted.

17. SOUTH PLAINS COLLEGE Admissions and Records Office 1401 South College Avenue  Levelland, TX 79336  (806) 894-9611  Fax: (806) 897-3167 PARENTS CERTIFICATION OF DEPENDENCY FORM (For release of student records) The Family Education Rights and Privacy Act of 1974 provides privacy protection of a student’s academic record and limits the release of such records without the student’s consent. The Act further provides that the College may disclose such records to parents or legal guardians if the student is a dependent as defined in Section 152 of the Internal Revenue Code of 1954. To enable the Office of Admissions and Records to release to you the student’s academic record (college transcript), please complete this form, attach a photocopy of the first page of your most recent Federal Income Tax Form, and return the packet to: South Plains College Admissions and Records Office, Box C 1401 S. College Avenue Levelland, TX 79336 PARENT’S DECLARATION: I certify that I am the parent/legal guardian of the listed student in accordance with the above legislation. I agree to cancel this request when the student is no longer my dependent. ____________________________ ______ Parent/Guardian’s Signature Date STUDENT’S ACKNOWLEDGMENT: I acknowledge that I am aware of this request to release my records to my parent/guardian. I understand that this release is in effect until the College is notified to cancel it. ____________________________ ______ Student’s Signature Date

18. With few exceptions you are entitled, on your request, to be informed about the information South Plains College collects about you. Under Sections 552.021 and 552.023 of the Texas Government Code, you are entitled to receive and review the information. Under Section 559.004 of the Texas Government Code, you are entitled to have South Plains College correct information about you that is held by us and that is incorrect. Be assured that your SPC records are protected from unauthorized disclosure by federal law. Your social security number (SSN) or SPC identification number is being requested because it is a unique identification number which is maintained for the purpose of assurance that the correct student record is being updated, for tracking purposes and for state and federal report requirements. The disclosure of such information is voluntary. Your disclosure of your social security number or SPC identification number will be governed by the Public Information Act (Charter 552 of the Texas Government Code). Please Print Information Below Student’s Legal Name:___________________________________________ SSN: _______________________ Parent’s Address: _________________________________________________________________________ Parent/Guardian’s Name _________________________________________________________________________ E-mail address _________________________________________________________________________ Street Address ___________________________________________ _________ ___________ City State Zip Code

19. Inspection and Review of Education Records § 99.10 What rights exist for a student or eligible parent to inspect and review education records? § 99.10 What rights exist for a student or eligible parent to inspect and review education records?  School must comply with request within 45 days.  Generally required to give copies only if failure to do so would effectively deny access – example would be a student or former student who does not live within commuting distance.  School may not destroy records if request for access is pending.

20. Inspection and Review  FERPA does not permit an institution to defer complying with a request to inspect and review education records while the school is not in session or when teachers or other school officials who maintain the records are on vacation.  Example: A parent filed a complaint against a school district for violating § 99.10. The parent made the request in June and the district notified the parent that records from teachers or service providers who were gone for summer break would not be made available until after school began in September.

21. Inspection and Review  The 45-day response time is not limited to administrative or “official” records maintained in a central school or district office. Congress provided up to 45 days to comply with a request, which allows time for the agency or institution to locate and retrieve education records maintained outside or away from a student’s “official” or “cumulative files.”

22. Failure to Comply with FERPA  Lawsuit  Loss of Federal funding  Conviction of misdemeanor under Public Information Act

23. Remember: When in doubt, don’t give it out!

24. FERPA Quiz TRUE / FALSE 1. FERPA regulations do not apply to most dual credit students, as they are under the age of 18.

25. FERPA Quiz Parental rights transfer to the student upon attending a school beyond secondary level. Parental rights transfer to the student upon attending a school beyond secondary level. In a situation where a student is enrolled in both a high school and a postsecondary institution, the two schools may exchange information on that student. If the student is under 18, the parents still retain the rights under FERPA at the high school and may inspect and review any records sent by the postsecondary institution to the high school. In a situation where a student is enrolled in both a high school and a postsecondary institution, the two schools may exchange information on that student. If the student is under 18, the parents still retain the rights under FERPA at the high school and may inspect and review any records sent by the postsecondary institution to the high school.

26. FERPA Quiz TRUE / FALSE 2. An institution may release course and billing information to the parent if the parent pays the student’s tuition. 2. An institution may release course and billing information to the parent if the parent pays the student’s tuition.

27. FERPA Quiz One of the parent’s must claim the student on income tax & have a signed form in the Admissions and Records Office. One of the parent’s must claim the student on income tax & have a signed form in the Admissions and Records Office.

28. FERPA Quiz TRUE / FALSE 3. In cases of divorce, educational records may only be disclosed to the parent who claims the student as a dependent for income tax purposes. 3. In cases of divorce, educational records may only be disclosed to the parent who claims the student as a dependent for income tax purposes.

29. FERPA Quiz Neither the age of the student nor the parent's status as a custodial parent is relevant. If a student is claimed as a dependent by either parent for tax purposes, then both parents have access under this provision Neither the age of the student nor the parent's status as a custodial parent is relevant. If a student is claimed as a dependent by either parent for tax purposes, then both parents have access under this provision

30. FERPA Quiz TRUE / FALSE 4. An institution can provide confidential academic information to the spouse of a student without the student’s prior written consent if they file federal income taxes jointly.

31. FERPA Quiz False False

32. FERPA Quiz TRUE / FALSE 5. An institution must provide copies to a student of his or her academic records if requested in writing to do so.

33. FERPA Quiz The Institution is generally required to give copies only if failure to do so would effectively deny access – an example would be a student or former student who does not live within commuting distance.The Institution is generally required to give copies only if failure to do so would effectively deny access – an example would be a student or former student who does not live within commuting distance. Schools may not destroy records if a request for access is pending.Schools may not destroy records if a request for access is pending.

34. FERPA Quiz TRUE / FALSE _____6. An institution that designates certain types of information as “directory information” must offer a student the opportunity to decline to have the information about the student so designated.

35. FERPA Quiz True – The student will need to complete a form in the Admissions and Records office to restrict access. True – The student will need to complete a form in the Admissions and Records office to restrict access.

36. QUESTIONS: Do you inform them of their daughter’s grades? Do you inform them of their daughter’s grades? What is your rationale for that decision? What is your rationale for that decision? If you do not grant their request, what options do you discuss with the parents? If you do not grant their request, what options do you discuss with the parents?