1 FERPA & U F amily E ducational R ights & P rivacy A ct Instructions: select F5 to begin; any key...

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1 FERPA & U FERPA & U F F amily amily E E ducational ducational R R ights & ights & P P rivacy rivacy A A ct ct Instructions: select F5 to begin; any key to advance through pages

Transcript of 1 FERPA & U F amily E ducational R ights & P rivacy A ct Instructions: select F5 to begin; any key...

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FERPA & UFERPA & U

FFamily amily EEducational ducational RRights & ights &

PPrivacy rivacy AActct

Instructions: select F5 to begin; any key to advance through pages

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NoticeNotice This tutorial is intended to inform Northwest This tutorial is intended to inform Northwest

University employees as to their responsibilities when University employees as to their responsibilities when dealing with student information.dealing with student information.

This tutorial includes excerpts and summaries from the This tutorial includes excerpts and summaries from the NU Student Records Policy and Procedures Manual NU Student Records Policy and Procedures Manual and is intended for instructional purposes only. and is intended for instructional purposes only.

Any specific questions should be referred to the actual Any specific questions should be referred to the actual

Manual and to the Registrar’s Office.Manual and to the Registrar’s Office.

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Welcome to FERPA!Welcome to FERPA!

Think of your work area. What information Think of your work area. What information do you have which may need to be handled in do you have which may need to be handled in a secure way? For example:a secure way? For example:

– a student directorya student directory

– student registration formsstudent registration forms

– graded papersgraded papers

– advising packetsadvising packets

– student information displayed on your computer student information displayed on your computer screenscreen

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Information AccessInformation Access We now have more access to restricted information We now have more access to restricted information

than ever before through PowerCampus and than ever before through PowerCampus and various generated student lists. various generated student lists.

The consequences of how we handle, or The consequences of how we handle, or mishandle, student information are significant. mishandle, student information are significant. What student information can you disclose, and to What student information can you disclose, and to whom, under the Family Educational Rights & whom, under the Family Educational Rights & Privacy Act (FERPA)?Privacy Act (FERPA)?

This tutorial will help you answer these questions.This tutorial will help you answer these questions.

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““Educational Records”Educational Records” Educational Records are records maintained by the Educational Records are records maintained by the

University which directly relate to a student.University which directly relate to a student.

Almost any student-related piece of paper is part of that Almost any student-related piece of paper is part of that student’s educational record. Also, student-related student’s educational record. Also, student-related information displayed on a computer screen is considered information displayed on a computer screen is considered part of the student’s educational record.part of the student’s educational record.

There are some records that are considered exceptions, There are some records that are considered exceptions, primarily relating to employment, security, and health primarily relating to employment, security, and health records. Personal notes, even faculty advising notes, when records. Personal notes, even faculty advising notes, when shared with another office, often become educational records.shared with another office, often become educational records.

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““Student”Student” Any person who attends or has attended Any person who attends or has attended

Northwest University. Northwest University.

““Attend” means that the individual has attended at Attend” means that the individual has attended at least one class period.least one class period.

FERPA covers students once they attend their first FERPA covers students once they attend their first NU class up to the point of their death.NU class up to the point of their death.

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What is “FERPA”?What is “FERPA”?

FERPA (Family Educational Rights and Privacy Act) is a FERPA (Family Educational Rights and Privacy Act) is a federal law that protects students and educational institutions. federal law that protects students and educational institutions. This law gives students five rights. This law gives students five rights.

• to inspect and review education recordsto inspect and review education records• to seek the amendment of education recordsto seek the amendment of education records• to consent to the disclosure of education recordsto consent to the disclosure of education records• to obtain a copy of the school’s Student Records to obtain a copy of the school’s Student Records

policypolicy• to file a complaint with the FERPA Office in to file a complaint with the FERPA Office in

Washington, D.C.Washington, D.C.

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Right to Inspect, review, and seek Right to Inspect, review, and seek to amend education recordsto amend education records

Students must have access to Students must have access to review their education records at review their education records at any time. If students believe that any time. If students believe that any information in their records any information in their records is inaccurate, misleading, or in is inaccurate, misleading, or in violation of their privacy rights, violation of their privacy rights, they may request in writing that they may request in writing that the office which contains those the office which contains those records amend them.records amend them.

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Right to Have Some Control Over the Right to Have Some Control Over the Disclosure of Information from Disclosure of Information from

Education RecordsEducation Records

Students automatically allow Students automatically allow Northwest University to release some Northwest University to release some limited information regarding their limited information regarding their attendance in college.attendance in college.

This is called “Directory Information.”This is called “Directory Information.”

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Directory Information is Directory Information is ONLY:ONLY:

name, address, and telephone numbername, address, and telephone number parent’s name and addressparent’s name and address date and place of birthdate and place of birth major field of studymajor field of study participation in officially recognized activities and participation in officially recognized activities and

sportssports weight and height, if a member of an athletic teamweight and height, if a member of an athletic team dates of attendancedates of attendance degrees and awards receiveddegrees and awards received most recent previous school attendedmost recent previous school attended photographphotograph

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The Right to Consent to the Disclosure The Right to Consent to the Disclosure of Education Recordsof Education Records

More than Directory Information can be released to More than Directory Information can be released to certain individuals and offices:certain individuals and offices:

1.1. University officialsUniversity officials who have legitimate who have legitimate educational interest (need to know to fulfill educational interest (need to know to fulfill official responsibilities);official responsibilities);

2.2. Officials of another schoolOfficials of another school, upon request, in , upon request, in which a student seeks or intends to enroll.which a student seeks or intends to enroll.• (The University will attempt to notify the student regarding (The University will attempt to notify the student regarding

such request. An official transcript, however, will not be such request. An official transcript, however, will not be sent without a written request from the student.)sent without a written request from the student.) (continued)(continued)

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The Right to Consent to the Disclosure The Right to Consent to the Disclosure of Education Records of Education Records (continued)(continued)

3.3. Certain officialsCertain officials of the U.S. Depart. of Ed, Comptroller of the U.S. Depart. of Ed, Comptroller

General, and state and local educational authorities, in General, and state and local educational authorities, in

connection with certain state or federally supported connection with certain state or federally supported

educational programs;educational programs;

4.4. In connection with a student’s request for or receipt of In connection with a student’s request for or receipt of

financial aidfinancial aid, as necessary to determine the eligibility, , as necessary to determine the eligibility,

amount or conditions of the financial aid, or to enforce the amount or conditions of the financial aid, or to enforce the

terms and conditions of the aid;terms and conditions of the aid;

5.5. Organizations conducting certain studiesOrganizations conducting certain studies for or on behalf of for or on behalf of

the University;the University;

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The Right to Consent to the Disclosure The Right to Consent to the Disclosure of Education Records of Education Records (continued)(continued)

6.6. accrediting organizationsaccrediting organizations to carry out their functions; to carry out their functions;

7.7. parentsparents of an eligible student who claim the student as a of an eligible student who claim the student as a

dependent for income tax purposes;dependent for income tax purposes;

8.8. to comply with a to comply with a judicial orderjudicial order or a lawfully issued or a lawfully issued

subpoena;subpoena;

9.9. appropriate parties in a health or safety appropriate parties in a health or safety emergencyemergency;;

10.10. financial status informationfinancial status information to the student (or other to the student (or other

individuals) if the correct student ID and PIN is individuals) if the correct student ID and PIN is

presented.presented.

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Withholding Directory Withholding Directory InformationInformation

With the exception of the previously listed With the exception of the previously listed individuals and situations, students at NU can individuals and situations, students at NU can request that not even Directory Information be request that not even Directory Information be released without their specific permission. released without their specific permission.

These students are placed on the FERPA “These students are placed on the FERPA “Do Not Do Not Release InformationRelease Information” list.” list.

Each semester, students renew their FERPA status Each semester, students renew their FERPA status by completing their Registration Form. by completing their Registration Form.

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Do Not Release InformationDo Not Release Information

In the event that a student does not want even directory In the event that a student does not want even directory information to be released, his/her name will be on the information to be released, his/her name will be on the “Do Not Release Information” list and noted on any “Do Not Release Information” list and noted on any Registrar’s Office student lists. Registrar’s Office student lists.

In the event that a student has requested Directory In the event that a student has requested Directory Information restriction, one cannot even confirm that Information restriction, one cannot even confirm that the individual attends Northwest University. the individual attends Northwest University.

No address, phone number, or current enrollment status No address, phone number, or current enrollment status can be released. The directive of the student must be can be released. The directive of the student must be followed.followed.

The best response is to say, “I am sorry, I don’t have The best response is to say, “I am sorry, I don’t have information on any such student.”information on any such student.”

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The Right to Obtain a Copy of the The Right to Obtain a Copy of the College’s Student Records PolicyCollege’s Student Records Policy

A copy of Northwest University’s Student A copy of Northwest University’s Student Records Policy and Procedures can be obtained Records Policy and Procedures can be obtained from the Registrar’s Office. from the Registrar’s Office.

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The Right to File a Complaint with the The Right to File a Complaint with the FERPA OfficeFERPA Office

Students may file a complaint with the Students may file a complaint with the FERPA Office in Washington, D.C.FERPA Office in Washington, D.C.

Students should contact the NU Registrar’s Students should contact the NU Registrar’s Office for information related to filing a Office for information related to filing a complaint.complaint.

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Q & AQ & AQ:Q: Can I include non-directory information Can I include non-directory information

in a letter of recommendation for a in a letter of recommendation for a student?student?

A:A: ONLYONLY if the student provides written if the student provides written permission for the individual writing the permission for the individual writing the letter of recommendation to release such letter of recommendation to release such information. information.

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Q & AQ & AQ:Q: Can student grades be posted by Social Can student grades be posted by Social

Security Number or Name?Security Number or Name?

A:A: No. This can No. This can ONLYONLY be done if each student be done if each student provides written permission for the provides written permission for the instructor to do so. Even with permission instructor to do so. Even with permission from the student, this is not recommended. from the student, this is not recommended. A unique number assigned to each student A unique number assigned to each student would be a preferred method.would be a preferred method.

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Q & AQ & AQ:Q: If I know that I am speaking to a particular student on If I know that I am speaking to a particular student on

the phone, can I give him/her non-directory the phone, can I give him/her non-directory information?information?

A:A: No - But…. For instance, at the end of a semester, many No - But…. For instance, at the end of a semester, many students contact the Registrar’s Office for their grades. students contact the Registrar’s Office for their grades. We use a series of questions to verify that we are We use a series of questions to verify that we are speaking to the student (i.e.: ID, SSN, middle name, speaking to the student (i.e.: ID, SSN, middle name, home town, father’s middle name, courses last semester) home town, father’s middle name, courses last semester) and then give grades. and then give grades.

However, if we have any doubt, we do not give out However, if we have any doubt, we do not give out non-directory information.non-directory information.

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Q & AQ & AQ:Q: If I make notes regarding disciplinary If I make notes regarding disciplinary

action with a student, does the student have action with a student, does the student have a right to see my notes?a right to see my notes?

A:A: If you share the notes with another college If you share the notes with another college person or office, then they become part of person or office, then they become part of their educational record and the student can their educational record and the student can request to view the notes. As long as they request to view the notes. As long as they are just “your” notes, they are not viewable.are just “your” notes, they are not viewable.

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Q & AQ & AQ:Q: How do I know if a student has requested to How do I know if a student has requested to

be on the “Do Not Release Information” be on the “Do Not Release Information” list?list?

A:A: I In PowerCampus, the student screen will n PowerCampus, the student screen will indicate FERPA notification. All student indicate FERPA notification. All student lists given to other offices should have some lists given to other offices should have some notation of those students who have notation of those students who have requested FERPA protection. All lists for requested FERPA protection. All lists for public view MUST have FERPA students public view MUST have FERPA students names removed.names removed.

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Q & AQ & AQ:Q: What should I do if someone requests information What should I do if someone requests information

of a FERPA protected student?of a FERPA protected student?

A:A: “I do not have information on any such student. “I do not have information on any such student. May I have your phone number/address and I will May I have your phone number/address and I will check further.” check further.” Then contact the FERPA student for directions. If Then contact the FERPA student for directions. If they want information released, you must receive they want information released, you must receive their explicit permission on their explicit permission on whatwhat to release and to release and to to whomwhom IN WRITING with their SIGNATURE. IN WRITING with their SIGNATURE.

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Q & AQ & AQ:Q: What do students What do students notnot have the right to view? have the right to view?

A:A:• Financial information submitted by parentsFinancial information submitted by parents • Confidential letters, etc., associated with Confidential letters, etc., associated with

admissions, employment, job placement or admissions, employment, job placement or honors to which a student has waived rights of honors to which a student has waived rights of inspection and reviewinspection and review

• Educational records containing information Educational records containing information about other students such asabout other students such as – GradesGrades – Test scores, etc.Test scores, etc.

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Q & AQ & AQ:Q: How can a parent access student How can a parent access student

information if the student is not being information if the student is not being claimed by either parent for Federal income claimed by either parent for Federal income tax purposes?tax purposes?

A:A: The pThe parent can have access only if the arent can have access only if the student is willing to release information.student is willing to release information. The sThe student must authorize the release of tudent must authorize the release of information each time information is to be information each time information is to be released.released.

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Q & AQ & AQ:Q: Are we required to make copies of a Are we required to make copies of a

student’s file if they request to view it?student’s file if they request to view it?

A:A: No, unless refusing to do so would No, unless refusing to do so would constitute refusal to allow viewing. If the constitute refusal to allow viewing. If the student cannot reasonably travel to view the student cannot reasonably travel to view the file, the University can charge a reasonable file, the University can charge a reasonable copying and mailing fee and send a copy of copying and mailing fee and send a copy of the information to the student.the information to the student.

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Q & AQ & AQ:Q: What is the best setting to allow a student to What is the best setting to allow a student to

view their information? view their information?

A:A: The information should be maintained The information should be maintained under control of the office to insure that under control of the office to insure that nothing is removed or altered. Record nothing is removed or altered. Record should be kept of the viewing. Any should be kept of the viewing. Any information referring to other students must information referring to other students must be removed or masked. Any comments or be removed or masked. Any comments or corrections should be recorded and signed corrections should be recorded and signed by the student.by the student.

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A Few HighlightsA Few Highlights

In general, do not release any address information to off-campus In general, do not release any address information to off-campus inquiries.inquiries.

Check a student’s directory restriction before you answer any questions.Check a student’s directory restriction before you answer any questions. Students may authorize the release of any information by providing a Students may authorize the release of any information by providing a

signed release.signed release. Remember the NU Student Records Policy can be found on the shared Remember the NU Student Records Policy can be found on the shared

drive (drive (n:\shared\registrar\FERPA Manual.docn:\shared\registrar\FERPA Manual.doc)) Information viewed on a computer screen should be treated with the Information viewed on a computer screen should be treated with the

same confidentiality as paper records. Be sure to clear your computer same confidentiality as paper records. Be sure to clear your computer screen when it will be unattended.screen when it will be unattended.

Offices must be locked when no one is physically present - even for Offices must be locked when no one is physically present - even for short breaks.short breaks.

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FERPA SummaryFERPA Summary As you can see, educational records are all around us. As you can see, educational records are all around us.

Each of us needs to do our part to keep this information Each of us needs to do our part to keep this information

secure, and protect students’ rights. secure, and protect students’ rights.

If there is any question in your mind regarding any request If there is any question in your mind regarding any request

for education record information, it is always better to err for education record information, it is always better to err

on the conservative side and call the office that maintains on the conservative side and call the office that maintains

that portion of the education record and ask for guidance.that portion of the education record and ask for guidance.

Should you ever have any questions, please contact the Should you ever have any questions, please contact the

Registrar’s Office immediately.Registrar’s Office immediately.

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REMEMBER . . .REMEMBER . . .

When in doubt, don't give it out!

Contact your supervisor or the Registrar’s Office for instructions

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Certification of UnderstandingCertification of Understanding

Please certify that you have read and understand Please certify that you have read and understand

the FERPA instructions presented in this tutorial the FERPA instructions presented in this tutorial

by completing the FERPA Understanding form by completing the FERPA Understanding form

available from the Human Resources Office.available from the Human Resources Office.