{{FERPAFERPA

Family Educational Rights and Privacy Act Family Educational Rights and Privacy Act 20122012

Revised May 2013

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FERPA is the Family Educational Rights and Privacy Act, also known as FERPA is the Family Educational Rights and Privacy Act, also known as the “Buckley Amendment.” This federal law provides several the “Buckley Amendment.” This federal law provides several important rights for students with respect to their education records. important rights for students with respect to their education records. With limited exceptions, FERPA applies to all records maintained about With limited exceptions, FERPA applies to all records maintained about a students and is not limited to academic records.a students and is not limited to academic records.

The law gives college and university students the right to inspect and The law gives college and university students the right to inspect and review their education records and to request an amendment to the review their education records and to request an amendment to the records under certain circumstances. It limits the rights of colleges records under certain circumstances. It limits the rights of colleges and universities to disclose records or information from records about and universities to disclose records or information from records about a student without the student’s consent. a student without the student’s consent.

Family Educational Family Educational Rights and Privacy Rights and Privacy ActAct

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All college students have rights under FERPA, even those who are All college students have rights under FERPA, even those who are younger than 18 years of age. FERPA protects the education records younger than 18 years of age. FERPA protects the education records of students who are attending or who have attended the institution.of students who are attending or who have attended the institution.

Upon admission to the College the education records of each student, Upon admission to the College the education records of each student, including the student’s application for admission and related including the student’s application for admission and related materials, are automatically protected. FERPA does not extend rights materials, are automatically protected. FERPA does not extend rights to applicants who apply for admission, but who never actually attend to applicants who apply for admission, but who never actually attend the institution. the institution.

Which students have Which students have rights?rights?

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……any record, with certain exceptions, maintained by an institution, that is any record, with certain exceptions, maintained by an institution, that is directly related to a student or students. Records may include files, directly related to a student or students. Records may include files, documents, and materials in whatever medium. documents, and materials in whatever medium.

A record is “directly related” to a student if it is personally identifiable. A record is “directly related” to a student if it is personally identifiable. Personally identifiable means information which include:Personally identifiable means information which include:

•the name of the student, the student’s parents, or other family members; the name of the student, the student’s parents, or other family members; •the student’s campus or home address; the student’s campus or home address; •a personal identifier (such as a social security number or student number); a personal identifier (such as a social security number or student number); •information that alone or in combination is linked or linkable to a specific student that would allow information that alone or in combination is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty;” relevant circumstances, to identify the student with reasonable certainty;” •information requested by a person who the institution reasonably believes knows the identity of information requested by a person who the institution reasonably believes knows the identity of the student to whom the education record relates; the student to whom the education record relates; •biometric records of the student (i.e., biological or behavioral characteristics that can be used for biometric records of the student (i.e., biological or behavioral characteristics that can be used for automated recognition of an individual, including fingerprints, retina and iris patterns, voiceprints, automated recognition of an individual, including fingerprints, retina and iris patterns, voiceprints, DNA sequence, facial characteristics, and handwriting). DNA sequence, facial characteristics, and handwriting).

Educational Educational RecordsRecords

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FERPA provides several limited exceptions to the definition of education FERPA provides several limited exceptions to the definition of education records. However, if any of these records are shared with another school records. However, if any of these records are shared with another school official or placed in an area where they can be viewed by others, they official or placed in an area where they can be viewed by others, they become “education records” and are subject to FERPA. Exceptions include:become “education records” and are subject to FERPA. Exceptions include:

• records created and maintained by the institution's law enforcement unit;records created and maintained by the institution's law enforcement unit;• records of information about the student only after the student has left the institution. The new records of information about the student only after the student has left the institution. The new

ruling clarifies that exclusion applies to records created or received by an institution after an ruling clarifies that exclusion applies to records created or received by an institution after an individual is no longer a student in attendance individual is no longer a student in attendance andand are not directly related to the individual’s are not directly related to the individual’s attendance as a student;attendance as a student;

• doctor-patient privilege records;doctor-patient privilege records;• employment records; employment records; • certain records kept in the sole possession of the maker and not shared with anyone.certain records kept in the sole possession of the maker and not shared with anyone.

Peer to Peer Grading Peer to Peer Grading (Owasso v. Falvo)(Owasso v. Falvo)

Peer-graded papers that have not been collected and recorded by a teacher Peer-graded papers that have not been collected and recorded by a teacher are not considered “maintained by an educational agency or institution” and, are not considered “maintained by an educational agency or institution” and, therefore, are not education records under FERPA.therefore, are not education records under FERPA.

Educational Educational RecordsRecords

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Current regulations prohibit recipients of education records, without Current regulations prohibit recipients of education records, without prior written consent, from redisclosing personally identifiable prior written consent, from redisclosing personally identifiable information from the records unless the agency or institution information from the records unless the agency or institution disclosed the information with the understanding that the recipient disclosed the information with the understanding that the recipient may make further disclosures on its behalf and the agency or may make further disclosures on its behalf and the agency or institution records the redisclosure. institution records the redisclosure.

Educational Educational RecordsRecords

{{Directory Directory InformationInformation

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Tri-County Technical College has designated directory information to Tri-County Technical College has designated directory information to be the student’s:be the student’s:

•name name •addressaddress•telephone numbertelephone number•email address email address •birth datebirth date•majormajor•participation in recognized activitiesparticipation in recognized activities•attendance datesattendance dates•enrollment statusenrollment status•degrees/awards receiveddegrees/awards received•most recent previous school attendedmost recent previous school attended•photographs photographs

Directory Directory InformationInformation

If a student submits a Directory Restriction form, “Confidential” will appear on all Banner screens and ISIS reports.

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FERPA requires the College to use reasonable methods to identify FERPA requires the College to use reasonable methods to identify and authenticate the identity of parents, students, school officials, and authenticate the identity of parents, students, school officials, and any other parties to whom they disclose education records.and any other parties to whom they disclose education records.

To confirm identity, the College may use PINS, passwords, personal To confirm identity, the College may use PINS, passwords, personal security questions or security questions or other factors known or possessed only by the other factors known or possessed only by the useruser. FERPA prohibits the use of the SSN as an identification . FERPA prohibits the use of the SSN as an identification element when disclosing or confirming directory information unless element when disclosing or confirming directory information unless the student has provided written consent for the disclosure, the student has provided written consent for the disclosure, regardless of whether SSN is used alone or in combination with regardless of whether SSN is used alone or in combination with other data elements.other data elements.

Student ID numbers (T#) may be used only if it is not used by itself Student ID numbers (T#) may be used only if it is not used by itself to authenticate identity and cannot be used by itself to gain access to authenticate identity and cannot be used by itself to gain access to education records. to education records.

Authentication of Authentication of IdentityIdentity

{{Authentication of Authentication of IdentityIdentity

{{Authentication of Authentication of IdentityIdentity

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Disclosure is defined to mean permitting access to or the release, Disclosure is defined to mean permitting access to or the release, transfer, or other communication of personally identifiable transfer, or other communication of personally identifiable information from education records to any party by any means. information from education records to any party by any means. Current regulations prohibit College officials from releasing non-Current regulations prohibit College officials from releasing non-directory information without prior written consent.directory information without prior written consent.

FERPA regulations excludes from “disclosure” returning an FERPA regulations excludes from “disclosure” returning an education record, or information from an education record, to the education record, or information from an education record, to the party identified as the provider or creator of the record.party identified as the provider or creator of the record.

DisclosuresDisclosures

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Under FERPA, ether parent or “eligible student” possesses FERPA rights Under FERPA, ether parent or “eligible student” possesses FERPA rights (never both at the same time).(never both at the same time).

Students at least 18 years of age, or in attendance at postsecondary institutions, are Students at least 18 years of age, or in attendance at postsecondary institutions, are “eligible students.”“eligible students.”

Final Rule clarifies that institutions may still disclose information about a Final Rule clarifies that institutions may still disclose information about a student to his/her parents:student to his/her parents:

For health or safety emergenciesFor health or safety emergencies For alcohol/controlled substance use and student is under age 21For alcohol/controlled substance use and student is under age 21 Other exceptions, such as court orders and subpoenasOther exceptions, such as court orders and subpoenas Students who are dependents for tax purposesStudents who are dependents for tax purposes

If desired, students may complete the Consent to Release Educational If desired, students may complete the Consent to Release Educational Records form (available only in Student Records) giving the College Records form (available only in Student Records) giving the College permission to release specific information to an identified recipient. If permission to release specific information to an identified recipient. If the form is completed in Student Records, it does not have to be the form is completed in Student Records, it does not have to be notarized. The form is valid for one year and/or until revoked in writing notarized. The form is valid for one year and/or until revoked in writing by the student. by the student.

Disclosures to Disclosures to Parents/OthersParents/Others

To determine if a consent form has been completed, click on the “Consent to Release Educational Records” link on the Faculty Tab in eTC. If consent has been given, the following information will display:

If consent has not been given, the following information will display:

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•Access to Education Records by School OfficialsAccess to Education Records by School Officials• Requires the College to use “reasonable methods” to ensure that school officials obtain Requires the College to use “reasonable methods” to ensure that school officials obtain

access to only those education records in which they have legitimate education interest. access to only those education records in which they have legitimate education interest. • Institutions may chose not to use physical or technological controls to restrict access Institutions may chose not to use physical or technological controls to restrict access

must ensure that their administrative policy is effective and that they remain in must ensure that their administrative policy is effective and that they remain in compliance with the legitimate education interest requirement for accessing records. compliance with the legitimate education interest requirement for accessing records.

•Disclosure to a Transfer InstitutionDisclosure to a Transfer Institution• Allows the College to disclose education records to another institution even after a Allows the College to disclose education records to another institution even after a

student has already enrolled or transferred if it is for purposes related to the student’s student has already enrolled or transferred if it is for purposes related to the student’s enrollment or transfer.enrollment or transfer.

•School Officials – OutsourcingSchool Officials – Outsourcing• Expands school officials to include contractors, consultants, volunteers, and other Expands school officials to include contractors, consultants, volunteers, and other

outside parties to whom the College has outsourced services or functions.outside parties to whom the College has outsourced services or functions.• Must have control over outside parties regarding education records, including data Must have control over outside parties regarding education records, including data

security (GLBA).security (GLBA).

Disclosures Disclosures Without ConsentWithout Consent

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•Organizations Conducting Studies for or on behalf of an the CollegeOrganizations Conducting Studies for or on behalf of an the College• Allows the College to disclose education records to third parties doing research Allows the College to disclose education records to third parties doing research

for the College. FERPA requires the College to enter into a written agreement for the College. FERPA requires the College to enter into a written agreement with recipient organization that specifies the purposes of the study and that the with recipient organization that specifies the purposes of the study and that the information from the education records may only be used to meet the purposes information from the education records may only be used to meet the purposes of the study. of the study.

• The agreement must also contain restrictions on redisclosure and destruction of The agreement must also contain restrictions on redisclosure and destruction of the information.the information.

•Ex parte court orders under the USA Patriot ActEx parte court orders under the USA Patriot Act• The College is permitted to disclose without consent or notice to the parent or The College is permitted to disclose without consent or notice to the parent or

student that would otherwise be required under FERPA and without recording the student that would otherwise be required under FERPA and without recording the disclosure.disclosure.

•Registered Sex OffendersRegistered Sex Offenders• The College is allowed to disclose information without consent information it has The College is allowed to disclose information without consent information it has

received from a State under the Wetterling Act (42 U.S.C 14071) about a student received from a State under the Wetterling Act (42 U.S.C 14071) about a student who is required to register as a sex offender in the State. who is required to register as a sex offender in the State.

Disclosures Disclosures Without ConsentWithout Consent

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•Health and Safety EmergenciesHealth and Safety Emergencies• If the College determines that there is an articulable and significant threat to the If the College determines that there is an articulable and significant threat to the

health or safety of a student or other individuals, it may disclose information from health or safety of a student or other individuals, it may disclose information from education records to appropriate parties who knowledge of the information is education records to appropriate parties who knowledge of the information is necessary to protect the health and safety of the student or other individuals.necessary to protect the health and safety of the student or other individuals.

• The College must document the articulable and significant threat that formed the The College must document the articulable and significant threat that formed the basis for the disclosure and the parties to whom the information was disclosed.basis for the disclosure and the parties to whom the information was disclosed.

•De-identification of InformationDe-identification of Information• Education records may be released without consent under FERPA if all personally Education records may be released without consent under FERPA if all personally

identifiable information has been removed. identifiable information has been removed. • New regulations provide objective standards under which the College may release, New regulations provide objective standards under which the College may release,

without consent, education records, or information from education records that without consent, education records, or information from education records that have been de-identified through the removal of all “personally identifiable have been de-identified through the removal of all “personally identifiable information.”information.”

• The new standards apply to both individual, redacted records and statistical The new standards apply to both individual, redacted records and statistical information from education records at both the student level or microdata and information from education records at both the student level or microdata and aggregate form.aggregate form.

Disclosures Disclosures Without ConsentWithout Consent

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FERPA regulations prohibit recipients of education records, without FERPA regulations prohibit recipients of education records, without prior written consent, from redisclosing personally identifiable prior written consent, from redisclosing personally identifiable information unless the College discloses the information with the information unless the College discloses the information with the understanding that the recipient may make further disclosures on understanding that the recipient may make further disclosures on its behalf.its behalf.

• Allows entities, such as state and local education agencies, to redisclose Allows entities, such as state and local education agencies, to redisclose information.information.

• Regulations permit the College to disclose the outcome of a disciplinary Regulations permit the College to disclose the outcome of a disciplinary proceeding to a victim of an alleged perpetrator of a crime of violence or a non-proceeding to a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, regardless of the outcome, but only on the condition that the forcible sex offense, regardless of the outcome, but only on the condition that the institution notify the recipient that he or she may not redisclose the information institution notify the recipient that he or she may not redisclose the information without the student-perpetrator’s consent.without the student-perpetrator’s consent.

• Third parties that redisclose education records on behalf of the College in Third parties that redisclose education records on behalf of the College in compliance with a court order or subpoena to comply with the notification compliance with a court order or subpoena to comply with the notification requirements before it responds to the order or subpoena (except as required by requirements before it responds to the order or subpoena (except as required by Ex parte court orders under the USA Patriot Act).Ex parte court orders under the USA Patriot Act).

Redisclosure of Redisclosure of Education RecordsEducation Records

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SIS:SIS: Access to the Student Information System is not tantamount to Access to the Student Information System is not tantamount to authorization to view the data. Faculty are deemed to be "school authorization to view the data. Faculty are deemed to be "school officials" and can access data in the SIS if they have a "legitimate officials" and can access data in the SIS if they have a "legitimate educational interest." A legitimate educational interest exists if the educational interest." A legitimate educational interest exists if the faculty member needs to view the education record in order to fulfill his faculty member needs to view the education record in order to fulfill his or her professional responsibility. Neither curiosity nor personal interest or her professional responsibility. Neither curiosity nor personal interest are a legitimate educational "need to know.”are a legitimate educational "need to know.”

Work areas/desks:Work areas/desks: Personally identifiable education records should Personally identifiable education records should not be kept in open view when unattended. This could allow the not be kept in open view when unattended. This could allow the inappropriate disclosure of confidential student information. This inappropriate disclosure of confidential student information. This information should be kept in a secure environment when unattended.information should be kept in a secure environment when unattended.

Grades:Grades: Students' scores or grades should not be displayed publicly. Students' scores or grades should not be displayed publicly. Even with names obscured, numeric student identifiers are considered Even with names obscured, numeric student identifiers are considered personally identifiable information and must not be used. Grades, personally identifiable information and must not be used. Grades, transcripts or degree audits distributed for purposes of advisement transcripts or degree audits distributed for purposes of advisement should not be placed in plain view in open mail boxes located in public should not be placed in plain view in open mail boxes located in public places. places.

Implications for Implications for Faculty & StaffFaculty & Staff

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Papers/Tests:Papers/Tests: Graded papers or tests should not be left unattended on Graded papers or tests should not be left unattended on a desk in plain view in a public area nor should students sort through a desk in plain view in a public area nor should students sort through them in order to retrieve their own work. them in order to retrieve their own work.

Class rosters/Reports:Class rosters/Reports: These and other reports should be handled in These and other reports should be handled in a confidential manner and the information contained on them should a confidential manner and the information contained on them should not be redisclosed to third parties nor displayed publicly.not be redisclosed to third parties nor displayed publicly.

Releasing educational records: Releasing educational records: Do not share student educational Do not share student educational record information, including grades or grade point averages, with other record information, including grades or grade point averages, with other faculty or staff members of the College unless their official faculty or staff members of the College unless their official responsibilities identify their "legitimate educational interest" in that responsibilities identify their "legitimate educational interest" in that information for that student. information for that student.

Do not share non-directory student information, including social security Do not share non-directory student information, including social security number, grades or grade point averages, course schedule, balance due, number, grades or grade point averages, course schedule, balance due, etc. with parents or others outside the College, including in letters of etc. with parents or others outside the College, including in letters of recommendation, without written permission from the student.recommendation, without written permission from the student.

Implications for Implications for Faculty & StaffFaculty & Staff

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Please contact Scott Harvey, RegistrarPlease contact Scott Harvey, Registrar

190 Miller Hall (Pendleton Campus190 Miller Hall (Pendleton Campus

864-646-1556864-646-1556

sharvey@tctc.edusharvey@tctc.edu

Questions?Questions?