Download ferpa - Grand Valley State University

GRAND VALLEY STATE UNIVERSITY
FAMILY EDUCATIONAL RIGHTS &
PRIVACY
ACT (FERPA) TRAINING
OFFICES OF THE REGISTRAR AND UNIVERSITY COUNSEL
JANUARY 20, 2009
1
What is FERPA?
 FERPA stands for Family Educational Rights and




Privacy Act (also known as the Buckley Amendment).
Passed by Congress in 1974, the Act grants four
specific rights to the postsecondary student:
To see the information that the institution keeps on
the student
To seek amendment to those records and in certain
cases append a statement to the record
To consent to disclosure of his/her records
To file a complaint with the FERPA Office in
Washington, D.C.
2
Brief History of FERPA
 Introduced to Congress by Senator James
Buckley of New York. Co-sponsored by
Senator Claiborne Pell.
 Enacted in 1974 as a response to blatant
disregard for student privacy.
 Now the predominant legal consideration in
dealing with student records.
3
Life before FERPA
 Post cards were used to notify students of
their final grades or to notify students of
academic probation or dismissal
 Results of tests handed out by students or
were announced by professor
 Everybody had access to review a student’s
record
 Parents could see the files of their
son/daughters – did the Registrar ask to see
an ID before giving information?
4
How FERPA has changed our lives
 Subpoena only to access non-university officials
 Restricted access to files
 Students can review their files – nothing is sacred if
placed into their file
 File includes paper or electronic
 How long do you keep the files
 Universities must place “confidentiality” warning onto
to a student’s record ensuring any information about
the student is disclosed or released
5
Immediate impact of FERPA
 K-12 institutions had to decide whether to
destroy the old permanent records or make
them available to students and their parents.
 Institutions of higher education had to take
immediate steps to safeguard the privacy of
their student records.
6
Why should I care about FERPA ?
 As a faculty or staff member, you have a legal
responsibility under FERPA to protect the
confidentiality of student education records in
your possession.
7
How does FERPA affect release of student
information?
 Student education records (other than
directory information) are considered
confidential and may not be released without
the written consent of the student unless such
action is covered under exceptions permitted
by the act.
8
What is Directory Information?
 Directory information is considered public by
the university and can be released without
the student’s permission. However, any
student may ask to keep any or all directory
information confidential by filing a written
request with the Registrar’s Office.
 Students are notified via post card each year
about FERPA and other key information
9
Examples of directory information
 Institutions may define what they consider directory
information and they may choose not to define any
information as directory information.
 GVSU defines directory information to include
student’s name, local phone number, and e-mail
address.
 This information is available on the “people finder.”
 Students at GVSU may request that their directory
information be kept confidential.
10
What is an Education Record?
 An education record is any record that is
directly related to a student and that is kept
by the University or someone acting on behalf
of the University. The medium in which the
information is stored does not matter.
11
Examples of Education Records
 Personal information e.g. name, address, Social





Security Number, University ID number, gender,
race, citizenship, student photo etc.
Enrollment records including class schedules
Academic records such as exams, course papers,
grades, GPA, transcripts etc
Disciplinary records
Financial records such as financial aid awards and
accounts receivable
Employment records of students who are employed
as a result of their student status.
12
Examples of non Education Records
 Personal notes kept in the possession of the
maker
 Campus law enforcement unit records
 Employee records other than records of those
who are employed as a result of their student
status
 Doctor-patient privilege records Alumni
records
13
What student information is
confidential?
 All information not defined by GVSU as
directory or public information is confidential
and may not be released without the prior
written the consent of the student.
14
Can student educational records ever be
released without student consent?
 FERPA allows disclosure of student education records without





student consent in certain cases including but not limited to the
following:
Other GVSU employees who have a legitimate educational
interest. First ask, do I need access to this student’s record in
order to do my job?
Parents of dependent students as defined by the IRS.
Appropriate persons necessary in an emergency to protect a
person’s health or safety
Federal, state and local governmental officials for purposes
authorized by law
Individuals who have lawfully obtained court orders or
subpoenas. (check with U. Counsel’s office when you receive a
subpoena or search warrant before giving out information)
15
Parents have rights???
 FERPA permits parental access to a
student’s education records if the student
signs a written consent, or if the parent
provides documentation showing that the
student is recognized as a dependent for
Federal income tax purposes.
16
FERPA Rules to live by
DO NOT
 Access the records of any
 Provide anyone with student
student for personal reasons
 Discuss the progress of any
student with anyone other
than the student (including
parents) without the
student’s consent.
 Use the Social Security or
University ID numbers of a
student in a public posting of
grades or any other
information.
schedules or lists of students
enrolled in your classes for
any purpose.
 Include confidential
information in a
recommendation letter
without the written consent
of the student.
 Leave graded tests or
papers in a stack for
students to pick up by
sorting through them.
17
FERPA rules to live by
DO
 Protect student records. Securely store
confidential information and do not leave
confidential information displayed or
accessibly on an unattended computer.
 Shred or properly dispose of all student
records that no longer need to be retained.
(see record retention policy)
 Contact the Office of the Registrar if you have
any questions about the release of student
records.
18
I want to learn more
 http://www.ogc.umich.edu/faq_student.html University of
Michigan
 http://counsel.cua.edu/ferpa/ The Catholic University of
America's Office General Counsel office
 http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html
US dept of Education
 http://www.ed.gov/legislation/FedRegister/finrule/2008-4/120908a.pdf
a direct link to the Federal Register pdf with the final FERPA
regulations
 www.gvsu.edu/uco GVSU University Counsel Office
19