An Overview of the An Overview of the Family Educational Family Educational Rights and Privacy Rights and Privacy

Act (FERPA)Act (FERPA)

University of North Florida

Office of the General Counsel

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Scope of PresentationScope of Presentation

This is an overview of FERPA This is an overview of FERPA (also known as the “Buckley (also known as the “Buckley Amendment”) and its legal Amendment”) and its legal requirements. UNF’s Office of requirements. UNF’s Office of the Registrar should be the the Registrar should be the primary contact regarding FERPA primary contact regarding FERPA issues. The Registrar’s Office can issues. The Registrar’s Office can be reached at (904) 620-5555be reached at (904) 620-5555

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Maintaining confidential student Maintaining confidential student educational records in an educational records in an appropriate mannerappropriate manner

Limiting access to student Limiting access to student educational records to those with a educational records to those with a “legitimate educational interest”.“legitimate educational interest”.

Annual notification to students via Annual notification to students via printed material and the web printed material and the web through the Office of the Registrar.through the Office of the Registrar.

FERPA RequirementsFERPA Requirements

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Are You Bound by FERPA?Are You Bound by FERPA? Short answer – YES. All UNF personnel Short answer – YES. All UNF personnel

have an obligation and have an obligation and a responsibility a responsibility to protect the confidentiality of student to protect the confidentiality of student educational records. educational records.

Even if you have “legitimate educational Even if you have “legitimate educational interest” to access a student’s records, interest” to access a student’s records, you are not authorized to share that you are not authorized to share that information with a third party without information with a third party without the the student’s written permission.student’s written permission.

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A “Legitimate Educational A “Legitimate Educational Interest” in Student Interest” in Student Educational RecordsEducational Records

Who Who hashas a legitimate interest? a legitimate interest? A school official that has a need to A school official that has a need to

review the educational record to fulfill review the educational record to fulfill his/her job duties.his/her job duties.

Who Who does notdoes not have a legitimate have a legitimate interest?interest?

Parents, spouses, siblings, girlfriends, Parents, spouses, siblings, girlfriends, boyfriends, roommates, etc. boyfriends, roommates, etc.

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What “Educational What “Educational Records” Must Be Kept Records” Must Be Kept

Confidential?Confidential? Any “personally identifiable’ information Any “personally identifiable’ information

that would make a student’s identity that would make a student’s identity easily traceable including:easily traceable including: Social Security NumberSocial Security Number Grades and GPAGrades and GPA Class schedulesClass schedules TranscriptsTranscripts

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What Educational Information What Educational Information May Be Released to the May Be Released to the

Public?Public?

Directory informationDirectory information FERPA defines “Directory information” FERPA defines “Directory information” Directory information is not considered to Directory information is not considered to

violate a student’s privacy. violate a student’s privacy. NOTENOTE:: Requests for Directory Requests for Directory

Information should be referred to the Information should be referred to the Registrar’s Office. Registrar’s Office.

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Directory InformationDirectory Information

Directory information is information which UNF Directory information is information which UNF will make available to the public unless a student will make available to the public unless a student has specifically requested its restriction by has specifically requested its restriction by completing a Non-Disclosure Requestcompleting a Non-Disclosure Request..

(Continued on next slide.)(Continued on next slide.)

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Directory Information is:Directory Information is: The student’s name / address / phone The student’s name / address / phone

numbersnumbers Dates of AttendanceDates of Attendance Admitted College / MajorsAdmitted College / Majors Degrees AwardedDegrees Awarded Full-time or part-time statusFull-time or part-time status Classification (freshman, sophomore)Classification (freshman, sophomore) Participation in officially recognized Participation in officially recognized

activities and sportsactivities and sports HonorsHonors Weight / Height of athletesWeight / Height of athletes

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Students May “Opt Out” of Students May “Opt Out” of Disclosure Disclosure

of Their Directory Informationof Their Directory Information Students may opt out of having all or Students may opt out of having all or

part of their Directory Information part of their Directory Information disclosed without their express disclosed without their express permission by completing a Non-permission by completing a Non-Disclosure Request.Disclosure Request.

The Non-Disclosure Request form is The Non-Disclosure Request form is available online and in the available online and in the Registrar’s Office.Registrar’s Office.

NOTENOTE – Another reason to refer – Another reason to refer directory requests to the Registrar’s directory requests to the Registrar’s Office.Office.

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When Does FERPA Not Apply When Does FERPA Not Apply to to

Student Records?Student Records? When the record is When the record is notnot an educational an educational

record. record. Examples include: medical records, Examples include: medical records, counseling records, police reports, and counseling records, police reports, and employment recordsemployment records when the student is not when the student is not employed as a result of his or her status as a employed as a result of his or her status as a studentstudent. However, these records may be . However, these records may be covered by other privacy laws and may be covered by other privacy laws and may be maintained by other UNF areas. maintained by other UNF areas.

When the student is deceased – UNF When the student is deceased – UNF continues to respect the rights of the continues to respect the rights of the student. These situations are handled on a student. These situations are handled on a case by case basis.case by case basis.

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Students May Review all Their Students May Review all Their

Educational Records EXCEPT:Educational Records EXCEPT: The portions of their educational The portions of their educational

records mentioning other records mentioning other students.students.

The financial records of their The financial records of their parents.parents.

Letters of recommendation Letters of recommendation (where they waive access).(where they waive access).

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Prior Consent of the Student Is Prior Consent of the Student Is Not Not

Required When Disclosing Required When Disclosing Records to:Records to:

A UNF school official for an A UNF school official for an “educational interest” “educational interest”

Another institution where the Another institution where the student is seeking to be enrolledstudent is seeking to be enrolled

To a necessary party for health or To a necessary party for health or safety emergencysafety emergency

A requestor of “Directory A requestor of “Directory Information” and the student has Information” and the student has not restricted access to this not restricted access to this informationinformation

(Continued on next slide.)(Continued on next slide.)

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Additional Examples of When Additional Examples of When Prior Consent is Not RequiredPrior Consent is Not Required

The DOE or state/local educational The DOE or state/local educational authorities (to meet legal requirements).authorities (to meet legal requirements).

Parents of dependent students (as defined Parents of dependent students (as defined by IRS). UNF, through the Registrar, will by IRS). UNF, through the Registrar, will generally notify students of any records generally notify students of any records we have made available to parents.we have made available to parents.

An attorney or court to comply with a An attorney or court to comply with a judicial order or lawfully issued subpoena.judicial order or lawfully issued subpoena.

NOTENOTE – You will want to refer these types – You will want to refer these types of requests to the Registrar’s Office or of requests to the Registrar’s Office or Office of the General Counsel.Office of the General Counsel.

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When releasing records containing When releasing records containing confidential student information to anyone confidential student information to anyone other than a “school official”, in response to other than a “school official”, in response to a public records request or otherwise, you a public records request or otherwise, you must redact (“mark through” or “white must redact (“mark through” or “white out”) the educational material of out”) the educational material of confidential student identifiable information confidential student identifiable information before releasing the requested records.before releasing the requested records.

(Continued on next slide.)(Continued on next slide.)

When Releasing Student When Releasing Student Educational Records:Educational Records:

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Final FERPA ThoughtsFinal FERPA Thoughts

AlwaysAlways be very careful to protect be very careful to protect the confidentiality of student the confidentiality of student information.information.

When in doubt about your When in doubt about your responsibilities, call the responsibilities, call the Registrar’s Office at 620-5555 or Registrar’s Office at 620-5555 or the Office of the General Counsel the Office of the General Counsel at 620-2828.at 620-2828.

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More Legal Questions More Legal Questions Regarding FERPA?Regarding FERPA?

Contact UNF’s Office of the General Counsel:Contact UNF’s Office of the General Counsel:

1 UNF Drive1 UNF Drive

Building 1, Room 2100Building 1, Room 2100

Jacksonville, Florida 32224Jacksonville, Florida 32224

904-620-2828904-620-2828

Karen J. Stone, General Counsel, Karen J. Stone, General Counsel, kstone@unf.edu

Marc Snow, Associate G.C., Marc Snow, Associate G.C., msnow@unf.edu

Chris Wrenn, Associate G.C., Chris Wrenn, Associate G.C., cwrenn@unf.edu