FERPAFERPAFamily Educational Rights and Family Educational Rights and

Privacy ActPrivacy Actand Emailand Email

Rebecca MaconRegistrarUniversity of Georgiarmacon@uga.eduPresentation for GASFAAOctober 2005

FERPAFERPA

Family Educational Rights and Privacy Act of 1974, as amended

Also referred to as the Buckley Amendment

In a Nutshell…In a Nutshell…

College students must be permitted to inspect their own educational 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.

Gives students the right to:Gives students the right to:

Inspect and review their educational recordsRequest the amendment of inaccurate or

misleading recordsConsent to disclosure of personally

identifiable informationFile a complaint with the U.S. Dept. of

Education concerning alleged failures to comply with this law.

Who must comply with FERPA?Who must comply with FERPA?Any educational institution or educational

agency that receives funds under any program administered by the Secretary of Education.

Who is covered?Who is covered?

Any individual who is taking or has taken a course at your institution

– Regardless of age.– Includes continuing education students,

correspondence students, students auditing a course and distance education students.

When does FERPA protection When does FERPA protection begin?begin?

FERPA rights and protection do not begin until a student is “in attendance.”– “In attendance” is determined by an institution.

Registers for classes At orientation Pays deposit First day of classes

– Defaults to the day the student first attends a class.

What is an Education Record?What is an Education Record?

Any record, with certain exceptions, maintained by an educational agency or institution or a party acting for the agency or institution that is directly related to a student or students.

This record can contain a student’s name, or students’ names, or information from which an individual student, or students, can be personally (individually) identified.

What is “Personally Identifiable”?What is “Personally Identifiable”?

Basically, it is anything that would make the student’s identity easily traceable.

Directory Information Directory Information may may Include:Include:

Student’s Name Address(es) Phone number(s) Date/place of birth Major Fields of study Dates of attendance

Degrees and awards received

Most recent education institution attended

Participation in officially recognized activities and sports

Height/weight of athletic team members

Directory Information – con’tDirectory Information – con’t

May also include the following additions: Class schedule* Email address Class rosters* Photographs

*Class Schedule and Class Rosters are currently under review as to whether they will remain directory information.

What Can What Can NeverNever be Included: be Included:

RaceGenderSocial security numberGradesGPACountry of citizenshipReligion

Release RestrictionRelease Restriction

The student may restrict the release of any or all directory information.

The only appropriate response when a student has a restriction (other then just address information) is:– “We have no information available on that

individual."

ParentsParents

Educate parents regarding FERPA at orientation.

May obtain non-directory information if most current Federal Income Tax Return indicates student is a dependent.

Alcohol violations.Signed release by student specifying what

information they may obtain.

Parents – con’tParents – con’t

FERPA makes no distinction between biological parents and custodial parents.

SampleSampleWritten Authorization for ReleaseWritten Authorization for Release

I give permission for _______________ to release my ____________________________________

(specific education record information to be released)

to ___________________________________(name and address)

for ___________________________________(purpose)

Signed__________________ Date___________

Electronic SignatureElectronic Signature

April 21, 2004: Final Rule amending FERPA regulations to permit a school to accept an electronic signature as consent to disclose education records to a third party under specified conditions.

FSA “Safe Harbor”– FSA Electronic Signature Standards may be

used as a model for other areas.

Email and FERPAEmail and FERPATwo Factors:Two Factors:

• You must be able to authenticate identity of sender.

• There is no guarantee of confidentiality in transmitting information electronically via email.

Email and FERPA – Con’tEmail and FERPA – Con’tCautionsCautions

Does the student have a restriction on his/her records?

Only respond to emails from your institution’s email account.

Use only the last 4 digits of the SSN– And only when necessary

Refer inquiry to website whenever possible.

Email and FERPA – con’tEmail and FERPA – con’t

What questions/inquiries do you receive via email?

Family Policy Compliance OfficeFamily Policy Compliance Office

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Ave., SW

Washington, DC 20202-4605

http://www.ed.gov/policy/gen/guid/fpco/index.html