Family Education Rights and Privacy Act (FERPA)

Family Education Rights and Privacy Act (FERPA) Information for Mineral Area College Faculty and Staff To Play Slideshow click below

Protect our Students!Protect Ourselves! • To be allowed access to student records, you must carefully review the following material. • Maintaining confidentiality of student records is everyone’s responsibility whether you are faculty, staff, or a student.

WHY? • Because it is the right thing to do! • Because the federal government requires us to do so! This tutorial is designed to give you a base level knowledge of the rules governing release of student information. Start Tutorial Now

What is FERPA? • It stands for the Family Educational Rights and Privacy Act of 1974. • Also known as the Buckley Amendment. • FERPA is enforced by the Family Policy Compliance Office of the U.S. Department of Education.

FERPA IS NOT: • A law that only pertains to public institutions. • A law that is only applicable to offices that handle grades.

Rights granted to students by FERPA: • The right to inspect and review their own education records • The right to seek and amend education records. • The right to have some control over the disclosure of information from the education records.

What are “Education Records”? • Any record, with certain exceptions, maintained by an institution that is directly related to a student or students. This record can contain a student’s name(s) or information from which an individual student can be personally (individually) identified.

Education Records (continued) • These records include files, documents and materials in whatever medium (handwritten, print, tapes, disks, film, microfilm, microfiche) which contain information directly related to students and from which students can be personally (individually) indentified.

Education Records (continued) • All of the student information and records kept by this office and all of the information on the Student Administration System are considered to be “Education Records”.

Education Records (continued) • Student educational records may be: • A document in the registrar’s office • A computer printout in your office • A class list on your desktop • A computer display screen • Notes you have taken during an advisement session (see next slide for more information on notes)

Exception to Personal Notes: • Sole possessionrecords are exceptions to advisement or personal notes. These are records that are maintained and viewed by the advisor only and applies in situations when the record is an “informal memory jogger”. A record or note made in conjunction with a student such as drafts of Degree Plans, Plans of Study or tentative schedules; however, are not sole possession records.

What Education Records are not: • Employment records – of those whose employment is not contingent upon being a student. • Medical records – created by a health care professional used only for the medical/health treatment of the student. • Most information contained in Alumni Records (donations, etc.). • Classroom activity and homework that does not become part of the student’s permanent record.

Why Comply with FERPA? • It is the Law • Failure to comply could result in the withholding of Federal Funds including Student Financial Aid • Lawsuits caused by violations cost time and $$$. • It is our ethical responsibility to hold student records in confidence in order to protect their privacy.

Who is and is not covered under FERPA? • Students who are or have been in attendance at a postsecondary institution and for whom the institution maintains education records are covered under FERPA. • Applicants who are denied admission or who never attend are not covered under FERPA.

What Education Records are not: • Personal notes – kept by a faculty/staff member if kept in the sole possession of the one who made the record. (FERPA is a “protection of records” law, not a confidentiality law.) • Law Enforcement Records – maintained solely for law enforcement purposes and revealed only to law enforcement agencies.

When do FERPA rights begin for a student? • When the student is “in attendance” as defined by the institution. • For Mineral Area College that means when the student has matriculated (officially registered) for the first time.

What information needs t be handled in a secure way? • Any part of a student’s record that is not listed as “directory” information. • Registration forms • Financial information • Social Security numbers • Transcripts • Student schedules • Grades • Class assignments • Class Rosters • Student information displayed on your computer screen

What information can be released? • Directory information(unless the student has placed a confidentiality hold on his/her record). • Information that the student has given written consent to release. • Information needed by employees who have a legitimate educational interest. • Information needed by certain government agencies. Forward all requests for student information to the Registrar’s Office!

What is “Directory Information?” • It is information that can be released without the student’s written consent (unless they have placed a confidentiality hold on their record). • Each college can determine what is classified as directory information.

Providing Directory Information • In order to protect the privacy of our students, Mineral Area College generally does not provide lists of directory information to outside parties. Please forward all requests for information to the Registrar’s Office.

Who else can access Non-Directory Student Information? • ONLY Mineral Area College employees who have a legitimate educational interest. • Legitimate Educational Interest: A school official’s need to review student education information to fulfill a responsibility as part of his or her contract. Need to know is the basic principle.

Who else can access Non-Directory Student Information? (continued) • FIRST, remember to forward all requests for student information to the Registrar’s Office. • Financial Aid Lenders. • Agents of the court when the college has been issued a subpoena or court order. • Appropriate individuals in an emergency in order to protect the health & safety of the student or other persons. • Under the Solomon Amendment – military recruiters.

Directory information at Mineral Area College includes: • Name • Local & permanent address • Telephone number • Date of birth • Major/field of study • Awards received • Dates of attendance • Full-time/part-time status • Degrees/certificates awarded (including dates) • Weight/height of member of athletic teams • Most previous educational institution attended • Participation in officially recognized activities and sports Note: It does not include e-mail addresses.

Access Non-Directory Student Information (continued • Once a student enrolls at Mineral Area College, the right related to the educational records belong to the student, not the parent, even if the parents are paying the bills. • The only information that can be released to parents or a spouse without the student’s written permission is the “Directory Information”.

TAKE NOTE: • Access to student information via Jenzabar or other computer software does not authorize unrestricted use of that information. • Information on a computer should be treated with the same confidentiality as a paper copy. • Curiosity is not a valid reason to view student information. • Records should only be used in the context of official business.

REMEMBER! • WHEN IN DOUBT – DON’T GIVE IT OUT! • Forward all requests for student information to the Registrar’s Office!

IMPORTANT!!! • Do not leave confidential information displayed on an unattended computer. • Cover or put away papers that contain confidential information if you are going to step away from the desk.

Record Disposal • Records containing Social Security numbers, grades, or any non-directory information about a student should be shredded, not just thrown in the garbage.

Special Hints for Faculty To avoid FERPA Violations – Please: • Do Not use the SSN/Student ID to post grades. • Do Not leave graded tests in a stack for students to sort through. • Do Not circulate a printed class list with the Student Name and SSN/Student ID. • Do Not provide anyone with student schedules or assist anyone other than MAC employees in finding a student on campus.

Special Hints, continuedTo avoid FERPA Violations – Please: • Do Not provide anyone with lists of students enrolled in your classes for any commercial purpose. • Do Not include confidential information (i.e. grade, number of credits) in a letter of recommendation without the written consent of the student.

Special Hints, continuedTo avoid FERPA Violations – Please: • Do Not discuss the progress of any student with anyone other than the student (including parents) without the written consent of the student.

THANK YOU! Thank you for your attention and cooperation in protecting the privacy of our students! If you have further questions, please contact the Registrar’s Office at 573-518-2103, 2119, or 2204

Now it’s time to test your Knowledge Click to begin the FERPA Quiz.

Mineral Area College FERPA Quiz

Question 1 Is it wrong for professors to leave graded exams, papers, etc. outside their office for students to pick up? YES No

Mineral Area College FERPA Quiz Wrong! GO BACK AND TRY AGAIN! Go Back

Mineral Area College FERPA Quiz Yes. That is a violation of the privacy rule because it is inappropriate for students to have access to other students’ information. General Rule: You cannot leave personally identifiable materials in a public place. Next

Question 2 An unauthorized person retrieves information from a computer screen that was left unattended. Under FERPA, is the institution responsible? YES No

Mineral Area College FERPA Quiz Yes. Information on a computer screen should be treated the same as printed reports. General Rule: The medium in which the information is held is unimportant. No information should be left accessible or unattended, including computer displays. Next

Question 3 You have been granted access to certain educational records in accordance with your duties at MAC. Since this is information you are entitled to under FERPA, can you disclose this information to any party? YES No

Mineral Area College FERPA Quiz No. FERPA states that you may not redisclose information without prior written consent of the student. General Rule: There are some occasions when this is allowable, such as release to organizations conducting educational studies, accrediting agencies and judicial orders. Next

Question 4 You are facing an emergency situation where you fear for the health and safety of the student or other individuals if you do not release certain protected information to a third party. Can you exercise judgment and release this information? YES No

Mineral Area College FERPA Quiz Yes. The health and safety of members of the MAC community are paramount and FERPA is not intended to increase the risk of individuals’ safety in an emergency situation. General Rule: There is a provision in FERPA which states that you may release information from an educational record to an appropriate person “in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.” Next

Question 5 If a student’s parent calls asking how a student is doing in a class, can you give out that information? YES No

Mineral Area College FERPA Quiz No. Even though the person inquiring may be the student’s parent, FERPA recognizes students in post-secondary education as adults, regardless of age. Therefore, you cannot give out that grade, or any other non-directory information. General Rule: You must assume that the student is an adult who is entitled to privacy, even from parents. Parents may (not must) be allowed access to the records if the student is a dependent according to the code. Note: FERPA does not mandate that the school provide parents access to the records even if the parents can prove the student is a dependent. It is always best to obtain written consent form the student before providing parents access to records. Next

Question 6 You receive a call from a recruiting firm asking for names and addresses of students with a GPA of 3.0 or better. They say they have good job information for these students. Can you help these students get jobs by giving out this information? YES No

Family Education Rights and Privacy Act (FERPA)