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Is It Legal? Is It Fair?. What Is and Is Not Enforceable in the College Classroom Christine Kelly-Kleese, Ed.D. Dean, Student Engagement and Transitions Durham Technical Community College October 2010. Are Your Classroom Policies Enforceable and Supportable?.
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Is It Legal? Is It Fair? What Is and Is Not Enforceable in the College Classroom Christine Kelly-Kleese, Ed.D. Dean, Student Engagement and Transitions Durham Technical Community College October 2010
Are Your Classroom Policies Enforceable and Supportable? Yes, if the policy allowing for different treatment for a student is - an accommodation for a documented disability or a sincerely held religious belief; - based on a rational justification related to an educational purpose, is not arbitrary or capricious, and is imposed consistently; - not imposed maliciously; - not applied on the basis of race, gender, national origin, religion, or disability.
What is FERPA? • Also called the Buckley Amendment, FERPA stands for the Family Educational Rights and Privacy Act (1974). • FERPA gives college students the right to review their educational records, to request a change if they perceive them to be in error, and to approve or decline the disclosure of their records.
FERPA, continued • Colleges and universities may disclose what FERPA defines as Directory Information. • College staff and faculty members with a legitimate educational interest may have access to student information but may NOT disclose the information to a third party without written consent from the student.
Tips: Keeping Student Records Secure Do not • Leave your grade book, graded papers/exams, or FTE rosters on a copier, in an unsecured mailbox, or otherwise open to public view; • Place exams or other graded student work products outside your door (even in an envelope) where others have access to them; • Copy student information onto a shared computer that others have access to; • Post grades using any student identifying information;
Tips, continued Do not • Send grades or other information to an e-mail account or share this information on an answering machine or voicemail system; • Discuss a student’s attendance, grades, etc. with anyone (a parent, friend, spouse, counselor outside the college) without written consent from the student.
Revisions to & Clarification of FERPA • Megan’s Law (2000) allows colleges to disclose information about sex offenders; • The Patriot Act allows colleges to disclose information about suspected terrorists; • Campus police records and medical records are not covered by FERPA (they are not educational records), so they may be disclosed to others; • Colleges may share student information in the event of a safety or health emergency; • Continuing Ed. students are covered by FERPA; • Student workers may be given access to student records as long as they are employed by the college and have been trained about FERPA regulations.
Policies to Include on Your Syllabus • Classroom Expectations • Code of Conduct & Academic Honesty Statement • Disabilities Services Statement • Tutorial Services Statement • Late Work Policy • Attendance Policy • Any classroom policy you want to enforce (cell phones, food/drink, etc.)
More Information and Recent Articles http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html http://www2.ed.gov/policy/gen/guid/fpco/faq.html http://www.communitycollegetimes.com/article.cfm?TopicId=4&ArticleId=775&PF=Y http://chronicle.com/article/How-Should-Colleges-Navigat/65233/ http://chronicle.com/article/Ferpa-Frustrations-Its-Ti/65419/ http://chronicle.com/article/The-Family-RightsPriva/32616/
