The Family The Family Educational Rights Educational Rights and Privacy Act of and Privacy Act of 19741974

February, 2014February, 2014Presented by Daniel CordasPresented by Daniel CordasEmployee Services, Seattle Community CollegesEmployee Services, Seattle Community Colleges

FERPA OverviewFERPA Overview

FERPA protects:FERPA protects: privacy of student education recordsprivacy of student education records

and and student access to education recordsstudent access to education records

FERPA Applies to all educational FERPA Applies to all educational institutions receiving federal fundsinstitutions receiving federal funds– Policy or practice of violating FERPA risks loss Policy or practice of violating FERPA risks loss

of federal fundingof federal funding– No private right of action, but students may No private right of action, but students may

sue for invasion of privacysue for invasion of privacy

General RuleGeneral Rule

The College cannot disclose The College cannot disclose

personally identifiable personally identifiable information information contained in contained in education records education records without without the student’s written consent.the student’s written consent.

What’s Personally What’s Personally Identifiable Information?Identifiable Information?

Name or address of student, Name or address of student, parents, or familyparents, or family

Personal identifier such as social Personal identifier such as social security, student ID number, or security, student ID number, or biometric recordsbiometric records

Other indirect identifiers, such as Other indirect identifiers, such as student’s date of birth, and student’s date of birth, and mother’s maiden namemother’s maiden name

Personally Identifiable InformationPersonally Identifiable Information(continued)(continued)

Other information that would allow Other information that would allow a reasonable person in the college a reasonable person in the college community to identify the student community to identify the student with reasonable certainty, orwith reasonable certainty, or

Information requested by a person Information requested by a person who the school reasonably believes who the school reasonably believes knows the identity of the student to knows the identity of the student to whom the education record relateswhom the education record relates

What are ‘Education What are ‘Education Records’?Records’?

Education records are records that:Education records are records that:– Directly relate to a student andDirectly relate to a student and

– Are maintained by the College or by Are maintained by the College or by a party acting for the Collegea party acting for the College

Exceptions to General RuleExceptions to General Rule

Directory informationDirectory information

Records excluded from definition Records excluded from definition of “education records”of “education records”

Authorized disclosures of Authorized disclosures of education records without consenteducation records without consent

Records Excluded from Records Excluded from Definition of Education Definition of Education RecordsRecords Personal memory aidsPersonal memory aids Law enforcement records (i.e., Law enforcement records (i.e.,

campus security records)campus security records) Employment records not a result Employment records not a result

of status as a studentof status as a student Treatment recordsTreatment records Alumni recordsAlumni records

Personal Memory AidsPersonal Memory Aids

Records that are kept in the sole Records that are kept in the sole possession of the maker,possession of the maker,

Are used only as a personal Are used only as a personal memory aid, andmemory aid, and

Are not accessible or revealed to Are not accessible or revealed to any other person except a any other person except a temporary substitutetemporary substitute

Why is this important? Why is this important? Student Student Access to RecordsAccess to Records

Law Enforcement RecordsLaw Enforcement Records

Records created and maintained by a Records created and maintained by a law enforcement unit for a law law enforcement unit for a law enforcement purpose (incl. campus enforcement purpose (incl. campus security)security)

Does Does notnot include records created include records created exclusively for non-enforcement exclusively for non-enforcement purpose (e.g. student disciplinary purpose (e.g. student disciplinary action)action)

Employment RecordsEmployment Records

DisclosableDisclosable student employee student employee records:records:

Made and maintained in the Made and maintained in the normal course of business,normal course of business,

Relate exclusively to an individual Relate exclusively to an individual in his/her in his/her capacity as employeecapacity as employee, , andand

Are not available for use for any Are not available for use for any other purposeother purpose

Alumni RecordsAlumni Records

Records that only contain Records that only contain information about an individual information about an individual afterafter he or she is no longer a he or she is no longer a student at the College are exempt student at the College are exempt from FERPAfrom FERPA

Directory InformationDirectory Information

Information in an education Information in an education record that normally would not be record that normally would not be considered harmful or an invasion considered harmful or an invasion of privacy if disclosed without of privacy if disclosed without consentconsent

However, student may refuse However, student may refuse consent to disclosure of directory consent to disclosure of directory information by “opting” outinformation by “opting” out

Disclosure of Directory Disclosure of Directory InformationInformationMay disclose if students are notified in May disclose if students are notified in

advance advance Types of information designated as Types of information designated as

directory information,directory information, Student’s right to refuse disclosure of Student’s right to refuse disclosure of

any or all directory information,any or all directory information, When student must notify the college When student must notify the college

(in writing) of refusal to consent(in writing) of refusal to consent Notice requirements do not apply to Notice requirements do not apply to

former studentsformer students

Directory InformationDirectory Information

Directory information Directory information maymay include include student’s name, address, phone, email student’s name, address, phone, email address, photograph, date and place of address, photograph, date and place of birth, major, dates of attendance, grade birth, major, dates of attendance, grade level, enrollment status, extracurricular level, enrollment status, extracurricular activities, height and weight of athletic activities, height and weight of athletic team members, degrees, honors and team members, degrees, honors and awards, and most recently attended awards, and most recently attended educational institution.educational institution.

Directory Info at Directory Info at SCCD*SCCD* Student's nameStudent's name Email addressEmail address Enrollment status in the collegeEnrollment status in the college Date(s) of enrollmentDate(s) of enrollment Area of studyArea of study Awards granted by the collegeAwards granted by the college Participation in official sports activities, andParticipation in official sports activities, and Weight and height of athletic team members. Weight and height of athletic team members.

*As listed in SCCD College Catalog*As listed in SCCD College Catalog

Student RightsStudent Rights

Once a student turns 18, or Once a student turns 18, or attendsattends a a postsecondary institution, all FERPA postsecondary institution, all FERPA rights of parents are transferred to the rights of parents are transferred to the studentstudent

Parental RightsParental Rights

Parents of K-12 students under age Parents of K-12 students under age 18 have all FERPA rights but no 18 have all FERPA rights but no automatic right of access for automatic right of access for Running Start students attending Running Start students attending collegecollege

No parental rights under FERPA if No parental rights under FERPA if court has terminated parental rightscourt has terminated parental rights

Right to InspectRight to Inspect

Students have right to review their Students have right to review their own education records own education records (but only (but only their own)their own)

No right to review financial records No right to review financial records (including parents’ records)(including parents’ records)

No right to review confidential No right to review confidential recommendations if student recommendations if student waived the right to inspectwaived the right to inspect

Annual NotificationAnnual Notification

College must annually notify students College must annually notify students of their FERPA rights to—of their FERPA rights to—

Review their own education records,Review their own education records, Request amendments of records the Request amendments of records the

student believes to be inaccurate, student believes to be inaccurate, misleading, or violative of privacy,misleading, or violative of privacy,

Consent to disclosure of personally Consent to disclosure of personally identifiable information,identifiable information,

File complaints with U.S. Dep’t of File complaints with U.S. Dep’t of EducationEducation

Annual Notice—ProceduresAnnual Notice—Procedures

The annual notice must include the The annual notice must include the procedures for reviewing records,procedures for reviewing records,

Procedures for requesting Procedures for requesting amendments of records,amendments of records,

Policies for disclosing education Policies for disclosing education records (including definitions of records (including definitions of “school officials” and “legitimate “school officials” and “legitimate educational interest”)educational interest”)

Challenges to RecordsChallenges to Records

Student may request a hearing to Student may request a hearing to challenge education recordschallenge education records

If records are found to be inaccurate, If records are found to be inaccurate, misleading, or violative of privacy misleading, or violative of privacy rights, College must amend the rights, College must amend the records and inform student in writingrecords and inform student in writing

Student Consent to Student Consent to Disclose Education Disclose Education RecordsRecords Form must be signed and dated (may Form must be signed and dated (may

use electronic signatures on records)use electronic signatures on records) Must state the purpose of disclosureMust state the purpose of disclosure Must specify the record to be disclosedMust specify the record to be disclosed Must identify a party or class of parties Must identify a party or class of parties

to whom disclosure may be madeto whom disclosure may be made

Authorized Disclosures—Authorized Disclosures—Other CollegesOther Colleges

May disclose without consent to other May disclose without consent to other colleges where student is enrolled or colleges where student is enrolled or intends to enrollintends to enroll

When releasing records to other When releasing records to other colleges, College must make reasonable colleges, College must make reasonable attempt to notify the student, attempt to notify the student, unlessunless::

The student initiated the request or the The student initiated the request or the annual notice provides for forwarding of annual notice provides for forwarding of education records on requesteducation records on request

Authorized Disclosures Authorized Disclosures – School Officials– School Officials College College maymay disclose education disclose education

records without student’s consent—records without student’s consent— To “other school officials,” including To “other school officials,” including

teachers.teachers. Who have a “legitimate educational Who have a “legitimate educational

interest”interest” (need to know basis)(need to know basis) Defined in our catalog as: Defined in our catalog as: School

officials have a legitimate educational interest if they need to review an education record in order to fulfill their professional responsibility.

Definition of School Definition of School OfficialOfficialA school official is a person employed by the college in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the college has contracted (such as an attorney, auditor, national student loan clearinghouse, legal counsel, or collection agency); a person serving on the Board of Trustees; or a student serving on an official committee, such as disciplinary or grievance committee, or who is assisting another school official in performing his or her tasks.*

*SCCD Catalog

Authorized Disclosures—Authorized Disclosures—Federal and State OfficialsFederal and State Officials

May disclose without consent to May disclose without consent to authorized representatives of authorized representatives of Department of Education or state and Department of Education or state and local educational authoritieslocal educational authorities

Must be in connection with audit of Must be in connection with audit of government supported education government supported education programs or in compliance with federal programs or in compliance with federal requirements relating to such requirements relating to such programsprograms

Authorized Disclosures—Authorized Disclosures—Financial AidFinancial Aid

May disclose records without consent May disclose records without consent in connection with student financial aidin connection with student financial aid

Must be for determining eligibility,Must be for determining eligibility, Determining the amount of aid,Determining the amount of aid, Setting the conditions of aid, orSetting the conditions of aid, or Enforcing the terms and conditions of Enforcing the terms and conditions of

aid. aid.

Authorized Disclosures—Authorized Disclosures—Research StudiesResearch Studies

May disclose records without consent May disclose records without consent to public or private organizations to public or private organizations conducting studies for educational conducting studies for educational agencies or institutionsagencies or institutions

Must be to develop, validate, or Must be to develop, validate, or administer predictive tests,administer predictive tests,

Administer student aid programs, orAdminister student aid programs, or Improve instructionImprove instruction

Limitations on Research Limitations on Research DisclosuresDisclosures

Research organization cannot Research organization cannot disclose personally identifiable disclose personally identifiable information to othersinformation to others

Information must be destroyed Information must be destroyed when no longer neededwhen no longer needed

Authorized Disclosures—Authorized Disclosures—Accrediting AgenciesAccrediting Agencies

College may disclose education College may disclose education records without consent to records without consent to accrediting organizations to carry accrediting organizations to carry out their accrediting functionsout their accrediting functions

Authorized Disclosures—Authorized Disclosures—Parents of Dependent Parents of Dependent StudentsStudents College College maymay disclose records without disclose records without

student’s consent to parents who claim student’s consent to parents who claim student as tax dependent student as tax dependent

Student is “dependent” if under age 24 at Student is “dependent” if under age 24 at end of the year and parent pays over half end of the year and parent pays over half of student’s support in the tax yearof student’s support in the tax year

Parent should provide affidavit or last Parent should provide affidavit or last year’s tax return showing that student is a year’s tax return showing that student is a dependentdependent

Authorized Disclosures—Authorized Disclosures—LitigationLitigation

Subpoenas – Give to college Subpoenas – Give to college student services to handle & student services to handle & provide adviceprovide advice

Lawsuits between college and Lawsuits between college and students – info provided to court students – info provided to court and attorneysand attorneys

Authorized Disclosures—Authorized Disclosures—Health or Safety EmergencyHealth or Safety Emergency

May disclose records without consent May disclose records without consent to appropriate parties in connection to appropriate parties in connection with a health or safety emergencywith a health or safety emergency

Disclosure must be necessary to Disclosure must be necessary to protect health or safety of the protect health or safety of the student or othersstudent or others

Colleges provided wide latitude in Colleges provided wide latitude in determining an emergencydetermining an emergency

Public Record RequestsPublic Record Requests

The State Public Records Act does The State Public Records Act does not require agencies to disclose not require agencies to disclose records when another statute records when another statute (e.g., FERPA) exempts or prohibits (e.g., FERPA) exempts or prohibits disclosuredisclosure

Non-disclosure only applies to Non-disclosure only applies to personally identifiable information personally identifiable information in an education recordin an education record

Further InformationFurther Information

U.S. Department of EducationU.S. Department of Education

Family Policy Compliance Family Policy Compliance OfficeOffice

(FPCO)(FPCO)http://www.ed.gov/policy/gen/guid/fpco/http://www.ed.gov/policy/gen/guid/fpco/

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