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TU’S POLICY REGARDING CONFIDENTIALITY OF STUDENT RECORDS

TU’S POLICY REGARDING CONFIDENTIALITY OF STUDENT RECORDS. Susan B. Smith, Esq. Assoc. University Counsel May 18, 2004. AGENDA. Discuss FERPA and TU policy What is FERPA How FERPA works TU’s obligations General discussion. F E R P A. Family Educational Rights and Privacy Act 1974

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TU’S POLICY REGARDING CONFIDENTIALITY OF STUDENT RECORDS

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  1. TU’S POLICY REGARDING CONFIDENTIALITY OF STUDENT RECORDS Susan B. Smith, Esq. Assoc. University Counsel May 18, 2004

  2. AGENDA • Discuss FERPA and TU policy • What is FERPA • How FERPA works • TU’s obligations • General discussion

  3. F E R P A • Family Educational Rights and Privacy Act • 1974 • Buckley Amendment • Located at: • 20 U.S.C. §1232g • 34 CFR part 99 . . . • http://policies.temple.edu/ferpa

  4. FERPA’S OBJECTIVES • Student access; and • Confidentiality re third parties.

  5. RECORDS EXCLUDED FROM FERPA Personal records; Law enforcement records; Personnel records of employee-student; Medical / mental health treatment records; and Info. about student after s/he is no longer a student.

  6. FIRST OBJECTIVE: PROVIDE ACCESS TO STUDENTS • RULE: Students have a right to review education records containing info. about them. • Exceptions: • education records re another student; • evaluations to which student waived access; and • financial records of students' parents.

  7. WHO IS A “STUDENT”? • “Eligible students;” • Active attendance; • Alumni / alumnae; and • Deceased present or former students.

  8. PROCEDURE FOR STUDENT REVIEW • Access within reasonable period. • 45 days. • Explain / interpret records. • Work w/student to make sure right to review is effective.

  9. RIGHT TO HAVE INFO. AMENDED Inaccurate, Misleading, or Would violate their privacy or other rights. If TU does not agree to correct record, student has right to a hearing.

  10. PROCEDURE FOR AMENDING EDUCATION RECORDS • Request by student. • Response by college w/in reasonable time. • Notification of hearing rights.

  11. SECOND OBJECTIVE: PROTECTING DISCLOSURE TO OTHERS • Directory information v. education records • RULE 1: May release directory info. w/o student’s consent • Stu. may “opt out” • RULE 2: Must have student’s written consent to release info. from education record. • One-time waiver • FERPA policy, Appx. D

  12. DIRECTORY INFO. AT TEMPLE • Name; • Street address; • Email address; • Enrollment status (ft/pt); • Dates of attendance; • Degree received; • Awards (e.g., Dean’s List); • Major field of study; • Partic. in officially recog’d activities & sports; • Weight/height of athletes.

  13. EXCEPTIONS TO GENERAL RULE #2 • Student consent not required for release to: • One authorized by student; • Univ. officials w/ a legit. educ’l. interest; • Other insts. in which student seeks to enroll; • Officials evaluating educ’l programs; • Those processing financial aid applications; • Agencies studying predictive tests; • Accrediting organizations; • Parents of a tax dependent student; • Those necessary in a health/safety emergency; • Those who have subpoenaed information; • Court, when College sued student; • Alleged victim of violent crime; and • Certain others for disciplinary violations.

  14. EXCEPTIONS TO GENERAL RULE -- DISCIPLINARY RECORDS • May release disciplinary info. to: • alleged victim of crime of violence, or • officials w/legit. interest in disciplinary history • May release disciplinary info. about student who: • committed violent crime, or • committed nonforcible sex offense under UDC. • May disclose info. about violation of law or Univ. rule re use / possession of alcohol or controlled substance. • UDC / Student Affairs

  15. ANOTHER EXCEPTION: USA PATRIOT ACT • Terrorist investigation • Ex parte court order • No notification required • No record-keeping required • health/safety exception? • I-20 – consent “to deter. non-immigrant status”

  16. RECORDING RELEASE OF PROTECTED INFORMATION • Must keep records containing: • Who requested/received info; • To whom info will be redisclosed; • Legit. interest of third party. • Exceptions: • student himself or herself; • school official with legit. educ’l interest; • party with written consent from student; • party seeking directory info.; • per a subpoena if court orders non-disclosure.

  17. NOTIFICATION OBLIGATIONS • TU must notify students of FERPA rights. • Notice must be: • effective; • at least annual; and • by means likely to reach students.

  18. HIGHLIGHTS • Directory v. education records • Granting students access to their info. • Safeguarding against unconsented disclosures to third parties • Exercise of rights must be effective: • Annual notice • TU confidentiality policy on web • Office of University Counsel • Student Affairs

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