Family Educational Rights and Privacy Act of 1974, as amended

Sources of Information General Information Catalog 1999 - 2000,

Subchapter 9, pp. 154-157 (UT Catalog) http://www.ed.gov/offices/OM/fpco/ Richard A. Rainsberger. Guidelines for

Postsecondary Institutions for Implementation of the Family Educational Rights and Privacy Act of 1974 as Amended, Washington, D.C.:AACRAO, 1998

FERPA gives students certain rights over their educational records.

To inspect and review their educational record;

To amend their educational record; To have some control over the disclosure of

their educational record.

To Whom Does FERPA Apply?

FERPA applies to students “in attendance”; As of May 2000, UT Austin defines “in

attendance” as those students who have been admitted;

FERPA applies to students at institutions of higher education regardless of age;

FERPA applies to students taking correspondence and extension courses.

Educational Records: Those records directly related to a student and maintained by the institution or by a party acting for the institution.

Educational Records include:

Directory information Academic records Financial records

Disciplinary records Work-study records

Some employment records

Educational Records do not include: Sole possession records Psychological records

Medical records Some employment records Law enforcement records Thesis or research papers

Records about an individual after s/he is no longer a student at the university

Educational Records

RECORDS

Directory InformationAcademic RecordsFinancial RecordsDisciplinary RecordsWork-study RecordsSome Employment Records

Sole Possession RecordsPsychological RecordsMedical RecordsSome Employment RecordsLaw Enforcement RecordsThesis or Research PapersRecords about an individual after s/he is no longer a student at the university.

Legitimate Educational InterestVs.

Disclosure to a Third Party

Legitimate Educational Interest

When “appropriate university administrators, faculty, or staff . . . require access to educational records in order to perform their legitimate educational duties when such records are needed in furtherance of the educational or business purposes of the student or university.”

1999-2000 General Information Catalog, p. 155

Disclosure to a Third Party

Providing information to someone OTHER than an appropriate university administrator, faculty or staff with a legitimate educational interest.

Directory Information:

Information from the educational record which

is deemed essentially harmless and which may

be disclosed to a third party without the

student’s express, written permission.

Directory Information at UT Austin:

Student’s name Local/permanent

address Telephone listing E-mail address Date/place of birth Major

Dates of attendance Classification Expected date of

graduation Degrees, awards &

honors received (including selection criteria). . .

Directory Information at UT Austin (con’t):

Most recent educational institution attended Participation in officially recognized activities and

sports Weight and height if a member of an athletic team Names and addresses of former students who are

credited with funds remaining in their general property deposit

Student parking information

*NRRECS DIRECTORY INFORMATION - SA NRMPSA01

COMMAND: SA SSN: 888888888 YYS: ___ UNIQUE: _____ OTHER: _________________ ============================================================================== Name STONES, DAVID TEST JR. FSE SUM 96 LSE FALL 98

Currently Enrolled NO Sch NATURAL SCIENCES Audited YES Majr COMPUTER SCIENCES Local Address: To view Degrees & University AD1 10050 GREAT HILLS TRAIL #1615 Honors, space over the Y's: AD2 CSZ AUSTIN TX 78759 Degrees Y Phone 512 795 2952 Updated 6/18/99 University Honors Y Sem Degree Expected 20002 Permanent Address: AD1 1312 GLASS AVENUE AD2 Birthdate 11/04/46 CSZ DIBOLL TX 75941 Phone 409 829 3179 Updated 6/18/99 Class SENIOR Email updated 6/18/99 jay_sims@hotmail.com ============================================================================== PF6=Help PF7=Main menu PF5=Sub menu PF8=Exit PF9= *ADM___ Data: _____________

As of 10/98 the following items are no longer considered directory information:

Gender Ethnicity

Marital status Attendance records of students in

individual courses

What is confidential?

Everything which is NOT defined as directory information is confidential and cannot be released without the express, written permission of the student.

This includes everything in a student’s academic record.

Examples of Confidential Information from the

Academic Record SSN or Student ID Grades Scholastic status Number of hours earned Schedule of classes Transfer work Parent’s name

Restricting Directory Information

MAY BE RELEASED IS CONFIDENTIAL

Directory Information

Academic Record

Restricting Directory Information Notice that a student may restrict his/her directory information is

published each year by the Office of the Registrar in the General Information catalog;

At the beginning of each semester, a notice is placed in the Daily Texan by the Office of the Registrar to inform students about this option;

The Office of the Registrar restricts directory information for those students who are currently enrolled;

Currently enrolled students restrict their directory information by presenting a photo I.D. and completing a form;

Students are instructed to restrict their directory information by the census date;

A list of all students who have restricted their directory information is sent by the Office of the Registrar to deans, chairs, administrative officials and other interested parties after the census date.

>> Warning - This student's record is restricted. <<

Restricting Directory Information and the Academic Record

Student’s mainframe record is updated within 24 hours;

The web directory is updated weekly (Thursday p.m.);

We are responsible for honoring directory restrictions even if student data is downloaded from the mainframe to another system.

We are responsible for honoring the restriction of directory information for students enrolled in extension and correspondence courses.

Consequences of Restricting Directory Information:

All data on a student record becomes confidential; Absolutely no information may be disclosed to a

third party about the student without their express, written permission;

We are instructed to reply to inquiries by saying “I have no information to provide about that individual”;

Restriction of directory information remains on a record until revoked by the student.

Restricting Directory Information

“I HAVE NO INFORMATION TO PROVIDE ABOUT THAT

INDIVIDUAL”.

Statement to Include When Releasing Confidential Information

“This document contains personally identifiable information from a student’s education records. It is protected by the Family Educational Rights and Privacy Act (20 U.S.C.§ 1232g) and may not be re-released without the consent of the student.”

Writing a ReleaseWhat should be included?

The record(s) to be released. The purpose of the disclosure. The party or class of parties to whom the

disclosure may be made. The release must be signed and dated by the

student.

Exceptions to FERPA

Companies providing or servicing student loans

Federal agents Institutions in which a

student has an intent to enroll

Parents of (IRS) dependent students

Some subpoenas Accrediting

organizations or some entities conducting educational studies

Agencies or people who have the written authorization of the student

Subpoenas

E-mail and Telephone Inquiries

The Office of the Registrar does not release confidential information via the telephone or via e-mail.

Confidential information may be disclosed over the telephone only if you have ensured that are speaking with the student.

Whenever releasing information ALWAYS error on the side of caution.

Faculty Do’s and Don'ts

Do not list full social security numbers on attendance rosters.

Do not leave a stack of papers or exams for students to pick up.

Do not discuss grades with parents without students’ express written permission.

Do not disclose grades via e-mail. Do not disclose grades over the phone (unless you

have confirmed the student’s identity).

Faculty Do’s and Don’ts (Con’t)

Do not post grades with any identifying information, including the student’s name, social security number or ID number.

Grades may be posted by the last four digits of the student number.

Grades should not be listed in alphabetical order. SHRED (do not recycle) material which contains

confidential information.

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC 20202-4605

Phone: (202) 260-3887

Fax: (202) 260-9001

Web site: http://www.ed.gov/offices/OM/fpco/

E-mail: FERPA@ed.gov

Family Educational Rights and Privacy Act of 1974, as amended

Basic rights under FERPA Educational Record Legitimate educational purpose Disclosure to a third party Directory information Academic record Restricting directory information Written releases