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FERPA in Higher Education

FERPA in Higher Education. School Law Presentation Amy Ellis 4/19/12. What is FERPA?. Family Education Rights & Privacy Act (also called the Buckley Amendment) A federal statutory law enacted by Congress in 1974 in response to litigation over privacy of written student records

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FERPA in Higher Education

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  1. FERPA in Higher Education School Law PresentationAmy Ellis4/19/12

  2. What is FERPA? • Family Education Rights & Privacy Act (also called the Buckley Amendment) • A federal statutory law enacted by Congress in 1974 in response to litigation over privacy of written student records • Applies to all schools receiving federal funding from US Department of Education • Parents have full rights to child’s educational record until they turn 18 or attend school beyond high school

  3. FERPA: Positives and Negatives • Positives: • A way to protect students’ and their families’ rights regarding the privacy and accuracy of their educational records • Gives parents & students the right to review records for accuracy • Negatives/Points of Contention: • What constitutes an educational record? • Who should have access to the records, and under what circumstances? (health or safety situations, the media, etc.)

  4. What is considered an educational record by FERPA? • Personally identifiable information directly related to the student • Can include: • Final grades • Student files • Photographs • Transcripts

  5. What is NOT considered an educational record by FERPA? • Private notes of individual staff or faculty regarding a student (that are NOT kept in student advising folders) • Campus police records • Medical records • Statistical data with no mention of personally identifiable information about specific students

  6. 2 Types of Educational Records 1) Directory Information 2) Non-Directory Information

  7. Directory Information • Information that can be released without specific written permission from the student, (except in certain cases specified by the regulations). • Most are data that would not be generally considered harmful or an invasion of privacy if disclosed, including information such as name, address, major field of study, etc. • Examples include: • Name • Address (local and permanent) • Telephone number • University e-mail address • Date and place of birth • Major field of study

  8. Non-Directory Information • Any information not explicitly classified as directory information • Unable to be released to third parties except with student’s written consent (except under strictly defined conditions, including health/safety cases) • Examples include: • Class schedule • Disciplinary status • Ethnicity • Gender • Grade point average (GPA) • Social security number/student ID • Grades/exam scores • Test scores (SAT, ACT, GRE, final exams, etc.)

  9. Activity # 1Chicago Tribune v. University of Illinois Case • With the knowledge you now have about FERPA, read the New York Times article excerpt and consider the following: • What do you think the ruling should be? • Why? • What do you think the actual ruling was in this case?

  10. Abuses of FERPA in Higher Education • Universities often use FERPA to avoid public scrutiny for their actions • Example: colleges withholding disciplinary violations of an athlete to suit their own purposes, but using FERPA as an excuse • FERPA in the News • Duke Lacrosse Case • St. Joe’s Todd O’Brien Basketball Case (no legal action yet, but highly publicized)

  11. Activity # 2: FERPA in Higher Education Case Studies • As you read the following two case studies with another classmate, please consider the following: • What do you think the ruling was? • Why?

  12. The Future of FERPA: Looking Forward • Department of Education proposed amendments to expand FERPA’s exemptions, making it easier for other representatives to access student records • Mixed opinion on this— • Some feel this will improve needed access to data, which will help inform States’ future educational programs and increase accountability and transparency • Others feel this will expose students to new privacy risks, setting a dangerous precedent and running counter to the original purpose of FERPA: to protect students’ privacy

  13. Sources • http://counsel.cua.edu/FERPA/fedlaw/cases.cfm • http://www.chicagotribune.com/news/watchdog/college/chi-070529u-of-i-clout,0,5173000.story- • http://www.splc.org/news/newsflash.asp?id=147 • http://www2.ed.gov/policy/gen/guid/fpco/index.html • http://epic.org/privacy/student/EPIC_FERPA_Comments.pdf • http://www.highereducationlaw.org/ferpa

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