FERPA: FOCUS ON AMENDMENTS Presentation for UTAAAMarch 3, 2011

Family Educational Rights and Privacy Act of 1974, as Amended (FERPA)

Shannon WilliamsAssociate Registrar

Todays PresentationIn the interest of time, focus of presentation will be on the 2009 amended FERPA regulations and their impact points.

Powerpoints on FERPA basics and todays presentation available at http://www3.uta.edu/registrar/ferpa.asp

Who Has FERPA Rights at the Postsecondary Level?FERPA rights belong to the student regardless of age.

A student is a person who has been admitted and is or was enrolled. This applies to all students: enrolled, former, distance education, and students auditing a class.

What FERPA Rights are Given to a Parent?Parents have no inherent rights of accessWhen the student turns 18 or begins attending an institution of higher education, FERPA rights transfer to the student.A parent may access the students record if the student is claimed as a dependent for federal income tax purposeParents may be notified by the institution in the event of a health or safety emergencyParents may be notified by the institution if their student (under 21) is found to have violated the alcohol or drug policy of the institutionA student may choose to allow his parents access to his recordsStudent Release of Information to Parents/Legal Guardians form

What FERPA Rights are Given to a UTA Employee?Education records may be released to school officials with a legitimate educational interest without the students permission. Amended FERPA regulation 99.31(a)(1)(ii) requires schools to use reasonable methods to ensure an official is given access to only those education records in which s/he has a legitimate educational interest.UT Arlington uses role-based security as the means by which its staff and faculty can access needed data from student recordsHowever, administrators, faculty, staff or anyone else with this access may not improperly disclose that information

Inspection and Amendment of Education RecordsTo inspect education records, a student should submit a written request identifying the records to be inspected to the UT Arlington Office of Records and Registration, attn: Associate Registrar.

Details are available at http://www3.uta.edu/registrar/ferpa.asp

Personally-Identifiable Information in a Student RecordThe personally identifiable information within the record is called directory information. Personally identifiable information is any information that, alone or in combination that is linked to a specific student that would allow a reasonable person, without knowledge of the circumstances, to identify the student.FERPA regulations no longer use the term easily traceableWhile FERPA protects the privacy of education records, directory information is not treated as confidential and may be disclosed by the University without student consent unless the student requests confidentiality.

Social Security Numbers and FERPAAmended FERPA regulations specifically prohibit designation of social security numbers as directory information.

This includes any part of the SSN.

Dont even use the last 4!

Withholding FERPA Directory Information at UTA: All or NothingCurrently, when a student chooses to restrict release of any aspect of his/her directory information, none of the student record will be released to any external source.Service Indicator:

Impact of Withholding ReleaseStudents who request restrictions to their record will not be included in the following:Microsoft-hosted Student Email system (address book that allows student-to-student access) UT Arlington web site Find People UT Arlington printed Campus Directory Maverick Connection Requests from external entities seeking directory information on UTA students whose requests are approved by the custodian of records for UT ArlingtonCommencement program However, restriction will not impact participation in Mav Alert

MyMav Navigation to Edit FERPA SettingsStudent Center -> User Preferences (under Personal Information bar) -> FERPA Restrictions -> Edit FERPA/Directory RestrictionsScreen shot on following slide

MyMav Navigation to Edit FERPA Settings (continued)

Disclosure Status Remains in Effect Until ChangedAny restriction a student makes in his MyMav record will remain in effect until s/he revokes it.UT Arlington allows former students to make changes to the disclosure status in effect at the time of their last term of attendance.FERPA rights cease upon death. However, it is UTA policy that no records of deceased students be released for a period of 25 years after the date of the students death, unless specifically authorized by the executor of the deceaseds estate or next of kin.

New Business Process Related to Commencement ProgramBeginning Fall 2009, if a student restricts all directory information, his/her name will not be included in the commencement program.

For students graduating in Spring 2011 and thereafter, we have turned on functionality that will allow the student to release his/her name only for the Commencement Program but otherwise maintain the do not release privacy setting.

Screenshot: Inclusion in the Commencement Program with DO NOT RELEASE Privacy Setting

Student Identification and Communication in ClassroomPreviously, FERPA did not address whether opting out from directory information also applied within the classroom in disclosure of the students name or electronic identifier.

Amended regulation 99.37 (c): an opt-out or do not release privacy setting does not prevent a school from identifying a student by name or from disclosing the EID or email address in the classroom.

Student Identification and Communication in ClassroomStudents rights do not include the right to be anonymous in the classroom or to impede routine classroom communication and interactions.

However, FPCO states it is increasingly important to communicate in course descriptions, syllabi, catalogs, etc., when theres an expectation of shared information, such as email addresses and papers or documents

Blackboard rocketing this at UT Arlington

Student Identification (continued)

If a student indicates do not release and his/her name is on an active website, name must be removed until student specifically grants permission to include.Deans listsOfficial sites with photos

Requirement to Authenticate IdentityAmended regulation 99.31C, requires schools, before disclosing educational records, use a reasonable method to identify and authenticate the identity ofStudentsParentsSchool officialsAny other parties

Implications for UTA departments in implementing this authentication requirement with regard to students and school officials

To Whom and Under What Conditions Can Colleges Disclose Personally Identifiable Information? Amendments now include:Release to appropriate parties if a health or safety emergency exists and the institution believes the student presents a serious danger to himself or others. In making this decision: Will this information assist in resolving the emergency?Anyone with regard to specific issues:Final results of a disciplinary hearing against an alleged perpetratInformation provided by sex offenders required to register under state or federal lawAn alleged victim of a crime of violence when the disclosure is the result of a disciplinary hearing See FERPA Basics PowerPoint for complete listing at http://www3.uta.edu/registrar/ferpa.asp

When Student Has Release for Parent or Guardian on File with the Office of RecordsNotation made in Person Comment EntryStudent release of information for parent/guardian for students educational records on file in the Records Office for (NAME, TX DRIVER LICENSE #) until (date)Release in place for four years or until revoked by studentOffice of Records and Office of the Bursar release forms and associated business practices currently being reviewedGoal: combined release form in place for Summer Orientation

Screenshot: Person Comments Indicating Release for Parent or Guardian on File with the Office of Records

Contacts in Office of Records and Registration to Verify If Release is on FileAdmissions and Records Phone Bank, 23372Kelly Brant, 20327Kristen Clark, 25472Martha Salinger, 20330Jeri Washington, 20331Shannon Williams, 26105

Reverse ArticulationAs a benefit to its graduates, UT Arlington provides complimentary transcripts to Dallas County Community College District and Tarrant County College DistrictStudent must have earned 16 or more for-credit hours at that institutionPermission to send the transcript back to the community college is part of the Application for Graduation.The community college notifies these students that they should apply for conferral of their associate degree.Permission has until now been on UTAs graduation application. Beginning with students applying for Fall 2011 and beyond, permission will also be on Apply Texas application.

Reverse Articulation Tarrant County College Outcomes to Date

FERPA: Next Steps at UT ArlingtonCombined release form for Records and Bursar Office forms in time for Summer OrientationAdditional FERPA information as part of compliance modulesContinued implementation of revised amendments where applicableChallenges of technology --- Blackboard a good example

Contacts for FERPA Policies and ProceduresOffice of Admissions, Records and Registration, UTA Box 19088, Arlington, TX 76019 http://www3.uta.edu/registrar/ferpa.aspTodays powerpoint under link FERPA: Focus on AmendmentsEnforcement Agency: Family Policy Compliance Office, US Department of Education, Washington DCShannon Williams, Associate Registrar; direct 817/272-6105; swilliams@uta.edu