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FERPA Revisions for Academic Advisors. Steve Robinson, Ph.D. University Registrar University of Maryland, Baltimore County. Changes in FERPA. New regulations went into effect in January 2009 Many were clarifications to previous regulations. Changes in FERPA.

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ferpa revisions for academic advisors

FERPA Revisions for Academic Advisors

Steve Robinson, Ph.D.

University Registrar

University of Maryland, Baltimore County

changes in ferpa
Changes in FERPA
  • New regulations went into effect in January 2009
  • Many were clarifications to previous regulations
changes in ferpa1
Changes in FERPA
  • Definition of “in attendance” expanded to include distance education modalities.
    • Now includes when a student is not physically present in class on campus by virtue of the modality (i.e., internet courses).
  • “In attendance” determines when FERPA rights begin for a student at your campus.
changes in ferpa2
Changes in FERPA
  • Two key definitions expanded
    • Educational Records
    • Directory Information
changes in ferpa3
Changes in FERPA
  • Educational Records
    • Items maintained by the institution that pertain to a student’s career. These items are not typically released without a student’s consent (with some exceptions). Examples include grade point averages or SSN/student ID number.
changes in ferpa4
Changes in FERPA
  • Changes in definition of Educational Records
    • Clarification on activities post-attendance that are or are not covered by FERPA. For example, alumni giving is not covered by FERPA, but a grade change made after the student is no longer in attendance would be.
    • Biometric data (i.e., fingerprints or DNA) included as personally identifiable information and covered by FERPA much like an SSN is.
changes in ferpa5
Changes in FERPA
  • Directory information
    • Information particular to a student and is not typically considered invasive and can be released without prior consent.
    • Examples of directory information include items such as major or degree(s) awarded.
changes in ferpa6
Changes in FERPA
  • Changes in Directory Information
    • Electronic personal identifiers can be deemed to be directory information IF they cannot be used to access non-directory information alone. If used in conjunction with a password or PIN, they can be made directory information.
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Changes in FERPA
  • Health and Safety Exception to FERPA more clearly outlined in new regulations.
  • Previously, information could not be released unless it was necessary to protect the health and safety of the student or others.
  • This provision was to be “strictly construed.”
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Changes in FERPA
  • New regulations intended to add flexibility.
  • The guidelines for meeting the health and safety provision require an “articulable and significant threat” before information can be released.
changes in ferpa9
Changes in FERPA

References

(all materials in this presentation derived from the two sources below)

U.S. Department of Education. (2008). Final FERPA regulations.

Retrieved February 8, 2009, from U.S. Department of Education, FPCO web site: http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html.

U.S. Department of Education. (2008). Section-by-Section analysis of regulations. Retrieved February 8, 2009, from U.S. Department of Education, FPCO web site:

http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html.