ferpa what is it and what should it mean to you? south carolina state university registrar’s...

FERPAFERPAWhat is it and what What is it and what should it mean to should it mean to

you?you?

South Carolina State University

Registrar’s Office/Veterans Affairs

Division of Student Affairs

Annie R. Belton, Registrar




FERPA Overview Handling requests for information Holding “Directory Information” Technology Challenges Special Areas of Concern Additional FERPA resources Q&A

Agenda:Agenda:

What is FERPA?What is FERPA? It stands for the Family Educational Rights and Privacy

Act of 1974. Also known as the Buckley Amendment. The Act provides for the right to inspect and review

educational records to seek to amend those records and to limit disclosure of information from the records.

The Act applies to all institutions that are the recipients of federal funding.







FERPA is FERPA is notnot::

A law that only pertains to public institutions. A law that is only applicable to offices that

handle grades.




FERPA gives students the...

right to inspect and review within 45 days educational records right to seek to amend educational records right to have some control over the disclosure of information from

educational records right to obtain a copy of the institution’s student records policy right to file a complaint with Department of Education

Rights granted to Students by Rights granted to Students by FERPA:FERPA:




Current students Former students

Whose records are protected?Whose records are protected?




Deceased student records. Applicants who are denied admission Applicants who never attend are not covered

under FERPA

FERPA does not apply to:FERPA does not apply to:

Who Needs to Be Aware of Who Needs to Be Aware of FERPA?FERPA?




Those create and maintain educational records. Those who utilize educational records in

performing their jobs. Those who disclose information from educational

records. Those who are custodians of educational records.

Why the Need for FERPA Why the Need for FERPA Awareness?Awareness?




Ensure compliance with the regulations. Protect the privacy of our students. Facilitate good public relations and business

practice. Avoid penalty of noncompliance with FERPA.

Why Comply with FERPA?Why Comply with FERPA?

It’s the Law. Failure to comply could result in the withholding of

Federal Funds including Student Financial Aid. Lawsuits caused by violations cause time and $$$. It is our ethical responsibility to hold student records

in confidence in order to protect their privacy.







Educational record Sole source documents Legitimate educational interest Personally identifiable information Directory information

Key TermsKey Terms




Information recorded in any form that is directly related to a student and maintained by a college or university and by those acting for the college or university.

personal information – anything that identifies the student

enrollment records registration academic information schedules confidential information

What are educational What are educational records?records?

The storage medium in which you find this information does not matter. A student educational record 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 paper files permanent records of academic performance (transcripts, grades, and supporting

documents) department files academic records, and progress reports Admission, coop education, career planning, financial aid, resident life and

housing, student activities, student account, library and student disciplinary files. Personal Notes




What are educational What are educational records?records?

What What areare Education Education Records Records not: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 & revealed only to law enforcement agencies.

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 activities and homework that do not become part of the

student’s permanent record.







Personal notes about a student Not kept in a student’s record Not shared with anyone Not considered an “educational record” Not subject to FERPA

What are sole source What are sole source documents?documents?




Social Security Number Campus Wide ID (CWID) Grades/GPA Student’s Class Schedule Test Scores Academic Standing

What is personally What is personally identifiable information?identifiable information?




Data or information - the disclosure of which generally is not considered to be harmful or an invasion of privacy

Defined by the institution (within FERPA guidelines)

What is “Directory What is “Directory Information”?Information”?




Name Current mailing address Phone number Enrollment status (Full or Part-Time) Dates of attendance Major Degrees and awards received Participation in officially-recognized activities and sports Athletes’ height and weight

At SCSU “Directory At SCSU “Directory Information” is…..Information” is…..




An institution official has a legitimate educational

interest if the official needs to review an educational

record to fulfill his or her professional responsibilities.

Who may have a legitimate Who may have a legitimate educational interest?educational interest?




Specifies the record to be released States the purpose of the disclosure Identifies the parties to whom the information

may be released Must be signed and dated by the student

Written ConsentWritten Consent To release educational records (non-directory) you must receive

When Student Consent is NOT When Student Consent is NOT Required.Required.

The exceptions:

a. to school officials with a legitimate educational interest b. to officials of another school in which the student seeks to enroll c. to certain federal, state, and local authorities in connection with an audit or

evaluation of state or federally supported educational programs d. to the Department of Veterans Affairs e. to agents acting on behalf of South Carolina State University (clearinghouses,

degree/enrollment verifiers) f. to organizations conducting studies on behalf of SCSU g. to accrediting organizations h. to parents of a dependent i. to parents/legal guardians when their children under age 21 have violated the

alcohol or drug policies of South Carolina State University




When Student Consent is NOT When Student Consent is NOT Required.Required.

The exceptions continued :

j. to comply with a judicial order or subpoena k. to appropriate parties in a health or safety emergency l. in connection with financial aid m. results of disciplinary hearings to an alleged victim of a crime of violence or non-

forcible sex offense n. to the Immigration and Naturalization Service for purposes of the Student

Exchange Visitor Information System o. to military recruiters who request “Student Recruiting Information.” Student

recruiting information is defined as name, address, telephone listing, age, level of

education, and major. p. to the Internal Revenue Service in compliance with the Taxpayer Relief Act







You are required to maintain a record of each request for access and each

disclosure from an educational record (does not apply to “Directory

Information”).

This “record of access” must:

be maintained as long as the student’s record is maintained; include the parties who have requested or received information; include the legitimate interest the parties had in receiving the

information; record any access request created whether honored or denied.

Maintain RequestsMaintain Requests




Cannot verify the person’s identity

Review policy by DOE regarding “electronic

signatures”

E-mail requests do not E-mail requests do not constitute “written consent”constitute “written consent”




Parents/family members: “I pay my son’s tuition. I would like to know his grades from last term.”

Spouses/partners: “My wife was approved for a grade forgiveness and asked me to check her GPA.”

3rd Parties: “Does our applicant have a “B” average or better?”

Frequently received Frequently received requests from:requests from:




Prior written consentPrior written consent




FERPA rights transfer to the student at age 18 or once he or she attends a post-secondary institution, regardless of age.

Parents or legal guardian may obtain directory information at the institution’s discretion.

Parents or legal guardian may obtain non-directory information at the discretion of the institution, if

– they can establish the student as a financial dependent or – by obtaining the student’s written consent

What about parents?What about parents?




You may release “Directory Information.”

You are not required to do so.

Use your own discretion.




Err on the safe side “I am unable to release any information on this individual.” Avoid confirming the existence of the student This hold remains in force until the student rescinds it in writing. Common Results:

student does not appear in the Commencement Program. The University cannot confirm degrees awarded for

prospective employers.

If a student has put a hold If a student has put a hold on on allall directory information directory information




Send the student to the Registrar’s Office Complete “Request to Prevent Disclosure of

Directory Information Form”

Requesting a Directory Requesting a Directory Information holdInformation hold




SPECIAL "DON'TS" FOR FACULTY AND STAFF

To avoid violations of FERPA rules Do Not leave confidential information displayed on an unattended computer. 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. Do Not provide anyone with lists of students enrolled in your classes. Do Not include confidential information (i.e. grades, #of credits) in a recommendation letter without the written consent of the student. Do Not discuss the progress of any student with anyone other than the student (including parents) without the consent of the student Do Not provide anyone with lists of students enrolled in your classes for any commercial purpose Do Not provide anyone with student schedules or assist anyone other than university employees in finding a student on campus




To avoid violations of FERPA rules, DO’S:

Do refer requests for information from the educational record of the student to the proper educational records custodian, health, and campus police etc.

Do keep only those individual student records necessary for the fulfillment of teaching and advising responsibilities. Private notes of a professor/staff member counseling a student and intended for a professor’s staff member’s own use are not part of the student’s educational records.

Do keep any personal professional records relating to individual students separate from their educational records. Private records of instructional, supervisory and administrative personnel and ancillary educational personnel are to be kept in the sole possession of the maker and are not accessible or revealed to any other person, except a substitute.

Guidelines for Faculty and StaffGuidelines for Faculty and Staff




Unintentional new student records Data warehouses/data marts Shadow systems/replicated databases Online directories

Technology Challenges to Technology Challenges to FERPAFERPA




Archiving records Outsourcing, i.e. service providers Picture-taking cell phones

Technology Challenges to Technology Challenges to FERPA continuedFERPA continued




E-mail Course Management Tools, i.e. blackboard Online grading by Instructors





Explosion of record creators and record keepers Hack attacks FAX Distance learning





Letters of Recommendation Statements made by a person making a recommendation that are made from that person's personal observation or knowledge do not require a

written release from the student. However, if personally identifiable information obtained from a student's educational record is included in the letter of recommendation (grades, GPA, etc.), the writer is required to obtain a signed release from the student to the Registrar’s Office

The Media Nothing in FERPA allows an institution to discuss a student's educational record publicly, even if a lawsuit has made the information a matter

of public record. A school official may not assume that a student's public discussion of a matter constitutes implied consent for the school official to disclose anything other than directory information in reply. Additionally, university employees should follow university policy regarding the release of information to the media. The official spokesperson for the University is the Director of Public Relations.

Special Areas of ConcernSpecial Areas of Concern




Catalogs Schedule of Classes and Campus Guide www.ed.gov www.ed.gov/offices/ OM/fpco

Additional Resources:Additional Resources:




Annie R. Belton, Registrar

803-536-7185/803-536-8406

E-mail: [email protected]

To return to the FERPA webpage Click here.

ferpa what is it and what should it mean to you? south carolina state university registrar’s...

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