ECURE
3:00-4:00, March 2, 2004
Richard Rainsberger
Consultant, Education Records Law and Privacy
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FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974
"A FEDERAL LAW DESIGNED TO PROTECT THE PRIVACY OF EDUCATION RECORDS
AND TO ESTABLISH THE RIGHT OF STUDENTS TO INSPECT AND REVIEW THEIR
EDUCATION RECORDS."
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FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974
THIS ACT IS ENFORCED BY THE FAMILY POLICY COMPLIANCE
OFFICE, U.S. DEPARTMENT OF EDUCATION, WASHINGTON,
D.C.
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The Authoritative Source
Family Policy Compliance Office
Leroy Rooker, Director U.S. Deptartment of Education
400 Maryland Ave., SW
Washington, D.C. 20202-4605
COLLEGE STUDENTS, PAST AND PRESENT, MUST BE PERMITTED TO INSPECT
THEIR OWN EDUCATION RECORDS.
SCHOOL OFFICIALS MAY NOT DISCLOSE PERSONALLY
IDENTIFIABLE INFORMATION ABOUT STUDENTS NOR PERMIT INSPECTION OF THEIR RECORDS WITHOUT
WRITTEN PERMISSION UNLESS SUCH ACTION IS COVERED BY CERTAIN EXCEPTIONS PERMITTED BY THE ACT.
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SOME KEY CONCEPTS
Written permission of student required to disclose
The exceptions to written permission
Student's right to access their records
Legitimate Educational Interest
The "mays" and the "musts" of FERPA
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KEY TERMS
Education Record
Personally Identifiable
Directory Information
School Official
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WHAT IS AN EDUCATION RECORD?
ANY RECORD, WITH CERTAIN EXCEPTIONS, MAINTAINED BY AN
INSTITUTION THAT IS DIRECTLY RELATED TO A STUDENT OR STUDENTS.
FROM WHICH AN INDIVIDUAL STUDENT CAN BE PERSONALLY (INDIVIDUALLY) IDENTIFIED
THESE RECORDS INCLUDE: FILES, DOCUMENTS, AND MATERIALS IN WHATEVER MEDIUM
(HANDWRITING, PRINT, TAPES, DISKS, FILM, MICROFILM, MICROFICHE, ELECTRONIC STORAGE)
WHICH CONTAIN INFORMATION FROM WHICH STUDENTS CAN BE
PERSONALLY (INDIVIDUALLY) IDENTIFIED.
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“PERSONALLY IDENTIFIABLE”
“PERSONALLY IDENTIFIABLE” MEANS DATA OR INFORMATION WHICH INCLUDES:
THE NAME OF THE STUDENT, THE STUDENT'S PARENT, OR OTHER FAMILY MEMBERS
THE STUDENT'S CAMPUS OR HOME ADDRESS;
A PERSONAL IDENTIFIER (SUCH AS A SOCIAL SECURITY NUMBER OR STUDENT NUMBER)
A LIST OF PERSONAL CHARACTERISTICS OR OTHER INFORMATION WHICH WOULD MAKE THE STUDENT'S
IDENTITY EASILY TRACEABLE
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Grades Posted on Bulletin Board outside of Instructor’s Office
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WHAT AN EDUCATION RECORD IS NOT!!
“SOLE POSSESSION” NOTES
LAW ENFORCEMENT UNIT RECORDS
RECORDS MAINTAINED EXCLUSIVELY FOR INDIVIDUALS IN THEIR CAPACITY AS EMPLOEES
RECORDS OF INDIVIDUALS WHO ARE EMPLOYED AS A RESULT OF THEIR STATUS AS STUDENTS (WORK
STUDY) ARE EDUCATION RECORDS.
DOCTOR-PATIENT PRIVILEGE RECORDS
ALUMNI RECORDS
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WHAT IS AN EDUCATION RECORD? (SUMMARY)
IF YOU HAVE A RECORD THAT IS:
MAINTAINED BY YOUR INSTITUTION
PERSONALLY IDENTIFIABLE TO A STUDENT
NOT ONE OF THE EXCLUDED CATEGORIES OF RECORDS
THEN, YOU HAVE AN EDUCATION RECORD AND —
IT IS SUBJECT TO FERPA
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DIECTORY INFORMATION
INFORMATION NOT NORMALLY CONSIDERED A VIOLATION OF A PERSON'S PRIVACY
THIS INFORMATION MAY BE RELEASED WITHOUT THE
STUDENT'S WRITTEN PERMISSION.
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WHAT CAN DIRECTORY INFORMATION INCLUDE?
DIRECTORY INFORMATION MAY
INCLUDE THE FOLLOWING STUDENT INFORMATION:
STUDENT’S NAME
ADDRESS
TELEPHONE NUMBER
DATE/PLACE OF BIRTH
MAJOR
FIELDS OF STUDY
PARTICIPATION IN OFFICIALLY RECOGNIZED ACTIVITIES AND SPORTS
HEIGHT/WEIGHT OF ATHLETIC TEAM MEMBERS
DATES OF ATTENDANCE
DEGREES AND AWARDS RECEIVED
MOST RECENT EDUCATIONAL INSTITUTION ATTENDED
OTHER SIMILAR INFORMATION AS DEFINED BY THE INSTITUTION THAT WOULD NOT NORMALLY BE
CONSIDERED AN INVASION OF A STUDENT’S PRIVACY
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WHAT CAN DIRECTORY INFORMATION INCLUDE?
DIRECTORY INFORMATION MAY
INCLUDE THE FOLLOWING RECENT ADDITIONS TO STUDENT INFORMATION:
CLASS SCHEDULE
E-MAIL ADDRESS
CLASS ROSTERS
PHOTOGRAPHS
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WHAT CAN DIRECTORY INFORMATION INCLUDE?
DIRECTORY INFORMATION MAY
INCLUDE THE FOLLOWING STUDENT INFORMATION:
RACE
GENDER
SOCIAL SECURITY NUMBER
TEST SCORES
GRADES
GPA
COUNTRY OF CITIZENSHIP
RELIGION
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DIRECTORY INFORMATION
Must be defined as such by each institution.
If a data element isn't defined as "directory information" it isn't directory information
and can only be released if the student's written permission is obtained or the release can be
justified under one of the exceptions to students' written permission found in
FERPA.
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DIRECTORY INFORMATION
Know what your institution identifies as directory information.
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“School Officials”
A “SCHOOL OFFICIAL” CAN BE A PERSON:
EMPLOYED BY THE COLLEGE IN AN ADMINISTRATIVE, SUPERVISORY, ACADEMIC, RESEARCH, OR SUPPORT STAFF POSITION
(INCLUDING LAW ENFORCEMENT AND HEALTH STAFF PERSONNEL),
ELECTED TO THE BOARD OF TRUSTEES,
OR COMPANY EMPLOYED BY OR UNDER CONTRACT TO THE COLLEGE TO PERFORM A SPECIAL TASK SUCH AS THE ATTORNEY,
AUDITOR, OR COLLECTION AGENCY,
OR STUDENT SERVING ON AN OFFICIAL COMMITTEE, SUCH AS A DISCIPLINARY OR GRIEVANCE COMMITTEE, OR ASSISTING
ANOTHER SCHOOL OFFICIAL IN PERFORMING HIS OR HER TASKS.
SUMMARY: IF YOU ARE AN EMPLOYEE OF A UNIVERSITY, OR A COLLEGE TRUSTEE, YOU ARE A
"SCHOOL OFFICIAL" FOR FERPA PURPOSES.
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“LEGITIMATE EDUCATIONAL INTEREST”
THE DEMONSTRATED NEED TO KNOW BY THOSE OFFICIALS OF AN INSTITUTION WHO ACT IN THE STUDENT'S
EDUCATIONAL INTEREST, INCLUDING FACULTY, ADMINISTRATION, CLERICAL AND PROFESSIONAL EMPLOYEES, AND
OTHER PERSONS WHO MANAGE STUDENT RECORD INFORMATION.
FERPA DOES NOT DEFINE "LEGITIMATE
EDUCATIONAL INTEREST." IT STATES THAT INSTITUTIONS MUST SPECIFY THE CRITERIA FOR DETERMINING IT.
USUALLY IDENTIFIED AS A "CONTRACTED DUTY" OF THE SCHOOL OFFICIAL
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REQUIREMENTS FOR COMPLIANCE
WHAT WE MUST DO...
PROVIDE ANNUAL NOTIFICATION TO STUDENTS OF THEIR
FERPA RIGHTS.
PROVIDE STUDENTS’ ACCESS TO THEIR EDUCATION RECORDS
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PROCEDURES AND STRATEGIES FOR COMPLIANCE
DISCLOSURE OF EDUCATION RECORD INFORMATION
INSTITUTIONS MAY DISCLOSE EDUCATION RECORDS
WITHOUT
WRITTEN CONSENT OF STUDENTS TO THE FOLLOWING:
![[table of an example grade posting]](img/grades.gif)