Demystifying the Family Educational Rights and Privacy Act (FERPA)

1. Mr. Mark Swearingen, Registrar Lake –Sumter Community College Demystifying the Family Educational Rights and Privacy Act (FERPA)

2. What is FERPA? Stands for Family Educational Rights and Privacy Act (sometimes called the Buckley Amendment). Passed by Congress in 1974, the Act grants four specific rights to students: The right to see the information that the institution is keeping on the student. The right to seek amendment to those records and in certain cases append a statement to the record. The right to consent to disclosure of his/her records. The right to file a complaint with the Family Policy Compliance Office in Washington, DC.

3. FERPA is not: • A law that only pertains to public institutions. • Only applicable to offices that handle grades. • A policy that can be ignored or overlooked.

4. What are the basic Rules? • Student educational records are considered confidential and may not be released without the written consent of the student. • As a faculty or staff member, you have a responsibility to protect educational records in your possession. • “Directory Information” is information that is considered public and can be released without the student’s written permission, unless the student has opted to withhold directory information. • If you are ever in doubt, do not release any information until you call the Admissions and Records Office.

5. Just about any information provided by a student to the college for use in the educational process is considered a student educational record including: • personal information • enrollment records • grades • schedules What is a student educational record?

6. The storage media does not matter Student educational records may be: • a document in the Admissions office • a computer printout in your office • a class list on your desktop • a computer display screen • An e-mail message stored on a LSCC server • Microfiche/Microfilm • Advisor notes taken during an advisement/ counseling session

7. Medical records • Law enforcement/campus police records • Alumni records • Employment records when employment is not contingent on being a student • Records of individuals who are employed as a result of their status as students are educational records. • Records/notes in sole possession of maker not accessible or revealed to any other person except a temporary substitute (ex: a telephone message) • Sharing these notes with another person, or placing them in an area where they can be viewed by others makes them “educational records” and subject to FERPA. What is NOT a student educational record?

8. Some information (called "Directory Information") can be released without the student's written permission. However, the student may opt to consider this information confidential as well. Before releasing any Directory Information, you should consult with the Admissions and Records Office to determine whether the student has chosen to not disclose and to insure any release is consistent with college policy. Directory Information

9. Name • Current mailing address • Telephone number • Major • Participation in athletics/activities • Weight and height of athletes • Dates of attendance • Degrees and awards received • Email address Directory Information at LSCC:

10. The FERPA Act allows for disclosure of directory information. • Students have a right to withhold the release of information designated as “directory information” by submitting to the Admissions and Records office, no later than 14 days after the beginning of a term, a request written and signed that “directory information” not be released. • Schools must notify eligible students annually of their rights under FERPA. • LSCC notifies students in acceptance letter, the admissions application, and is included on the website and the college catalog. Disclosure of Directory Information

12. Who can access Student Information? • LSCC employees who have a legitimate educational interest. *Legitimate Education Interest: A school officials’ need to review student education information to fulfill a responsibility as part of his or her contract

13. Who can access Student Information? • Financial Aid Lenders. • Agents of the court when the college has been issued a subpoena or court order.

14. Access to Student Information (continued) • Certain State & Federal Agencies. • Appropriate individuals in an emergency in order to protect the health & safety of the student or other persons. • Under the Solomon Amendment – military recruiters.

15. Solomon Amendment 1997 Rule adopted by United States Department of Defense College must provide to U.S. military recruiters basic directory information.

16. Why Comply with FERPA? • It’s the Law! • Failure to comply could result in the withholding of Federal Funds including Student Financial Aid. • Lawsuits caused by violations cost time and $$$.

17. When a student reaches the age of 18 • OR • Begins attending a postsecondary institution regardless of age, FERPA rights transfer to the student. What rights do parents have under FERPA?

18. Parents’ Rights • Parents may obtain directory information. • Parents may obtain non-directory information (grades, GPA, etc.) if the child is a legal dependent and at the discretion of the institution. • Parents may obtain non-directory information by obtaining a signed consent from their child.

19. The spouse has no inherent rights under FERPA to access the student’s educational records. • Spouse must produce written consent from the student for access to the information. Our lips are sealed What rights do spouses have under FERPA?

23. A Student has the right to file a complaint with the U.S. Department of Education concerning alleged failures by Lake-Sumter Community College to comply with the requirements of FERPA. • The name and address of the office that administers FERPA: • Family Policy Compliance Office • U.S. Department of Education • 400 Maryland Ave., SWWashington DC 20202-4605 • www.ed.gov/policy/gen/guid/fpco/index.html

24. To avoid violations of FERPA rules, DO NOT: • at anytime use any portion of the social security number or X-ID number of a student in a public posting of grades. • ever link the name of a student with that student’s social security or X-ID number in any public manner. • leave graded tests in a stack for students to pick-up that requires sorting through the papers of all students. • circulate a printed class list with student names and social security/ X-ID numbers or grades as an attendance roster. • discuss the progress of any student with anyone other than the student without the consent of the student. • provide anyone with lists of students enrolled in your classes for any commercial purpose. • provide anyone with student schedules or assist anyone other than college employees in finding a student on campus. Special Hints for Faculty

25. Record Disposal • Records containing Social Security Numbers or grades should be shredded, not just thrown in the garbage.

26. Remember . . . When in doubt, don't give it out! And finally……

27. http://www.youtube.com/watch?v=9ipuxf716T0 FERPA Video:

28. DISCUSSION/Q AND A Now, let’s see what you know….. You have been FERPA-ized!

29. Written permission • Verbal permission • Certified permission • Consensual permission • None of the above FERPA requires institutions to obtain which of the following from the student before releasing any directory information?

30. Directory information • Non-directory information • Incidental information • Education record information According to FERPA, students may request that institutions not disclose which of the following about them?

31. A student’s traffic violation • A student’s term paper • A student’s email address • An athlete’s height and weight • A work-study student’s work record Which of the following in not an “educational record” under FERPA?

32. By obtaining the student’s written permission • By having the parents establish the student’s dependency according to IRS • Through a legally issued subpoena • All the above Institutions may release information to parents: Answer Now

33. Public • Private • Religious • Public and private FERPA applies to the following institutions:

34. 10 days • 20 days • 25 days • 30 days • None of these An institution must permit a student to review his records within how many days from the day the student requests the review?

35. Attendance at your school • Address during attendance • Date of birth • GPA You receive a call asking to verify (1) that a currently enrolled student attends your school, (2) what his address was at the time of attendance, (3) his date of birth, (4) his GPA. You can verify all of these except:

36. A school official’s need to review a student’s record • A student’s right to review his education record • The need to provide education records in child custody cases • The delegation to the trustees to determine educational records policy for the school “Legitimate educational interest” refers to: :10

37. Thank you!