Family Educational Rights and Privacy Act

FERPA

FERPA

• The Family Educational Rights and Privacy Act of 1974, as amended, sets forth requirements regarding the privacy of student records and affords students certain rights with respect to their education records.

Student Rights

1. Inspect & review education records

2. Seek to amend education records

3. Consent to the disclosure of records

4. File a complaint

Who is a Student?

• A student is any individual who is or has registered for classes at UNLV

-and-

• Regarding whom UNLV maintains education records

Who is a Student?

• Applies to records of all students regardless if they are non-degree seeking, taking non-credit courses, etc.

Education Records

• Records that contain information directly related to a student

-and-

• Are maintained by an educational agency or by a party acting for the agency

Education Records

• Records can exist in any medium, including handwriting, film, e-mail, etc.

• Examples:– Admissions information for enrolled students– Biographical info including place of birth, gender, and

nationality– Courses taken, grades, written exams, academic

activities– Disciplinary records– Student account and financial aid records

Education Record

• FERPA deals with records, not information!!

• However, FERPA does not regulate how long a record is maintained.

Education Records

• Does not include:

– Sole possession records such as memory aids

– UNLV law enforcement records made for law enforcement purposes

– Medical and counseling records maintained in course of treatment and disclosed only to those providing treatment

– Alumni records that do not contain information about the person as a student

Student Rights

1. Inspect & review education records

2. Seek to amend education records

3. Consent to the disclosure of records

4. File a complaint

1) Right to Inspect & Review Records

• Students can submit a written request to the appropriate custodian of record to review their education records.

– The Custodian of record is the officer: 1. authorized to speak for UNLV concerning the specific kind

of record

2. responsible for maintenance of the specific kind of record

3. determines whether information in a file may be released

Type of Record: Custodian of Record:

Application for Admission Director of Admission

Official Academic Record Registrar

Advising Records Academic Deans and Departmental Administrators

Discipline Records Vice President for Student Life

Athlete Records Director of Intercollegiate Athletics

Financial-assistance Records Director of Student Financial Aid Services

Records related to on-campus housing Assistant Vice President of Student Life

1) Right to Inspect & Review Records

• Records containing confidential information should only be released by the office having primary responsibility for maintaining that information.

1) Right to Inspect & Review Records

• UNLV must display the record within 45 days of receiving the request.

– Copies of records are only necessary if failure to do so would effectively deny access

• (e.g., student is not in commuting distance)

1) Right to Inspect & Review Records

• Limitations:

– Financial Records of a parent

– Confidential letters and recommendations if the student has waived their right to inspection.

– Records with information about more than one student. Only information about the student may be inspected.

2) Right to Seek to Amend Education Records

• Student may ask the Custodian of Record to amend records they believe are– inaccurate– misleading– in violation of their rights of privacy

2) Right to Seek to Amend Education Records

• The custodian of record shall decide whether to amend the record in a reasonable amount of time– Student should be informed of their right to a

hearing if the custodian decides not to amend.

3) Right to Consent to the Disclosure of Records

Directory vs. Non-directory Information

• Directory Information: – Not considered harmful or an invasion of

privacy if disclosed.• May be disclosed without student consent

Directory vs. Non-directory Information

• Directory Information: • Name, address, and telephone number• Academic major, class & college• Full or part-time status• Academic and other honors received• Participation in officially recognized activities/sports• Heights/weights of members of athletic teams• Name of other academic institutions most recently attended• Dates of attendance• Leadership positions in UNLV organizations• Photographs• Email address

Directory vs. Non-directory Information

• Students may restrict the release of Directory Information by completing a form.

Directory vs. Non-directory Information

• DIR-RELEASE: Y– Allow release of directory information.

• DIR-RELEASE: E– Removed for commercial purposes.

• DIR-RELEASE: C– Removed for non-commercial purposes.

• DIR-RELEASE: N – Removed for com and non-commercial purposes

Directory vs. Non-directory Information

• Non-Directory Information– Place and Date of birth– Social Security Number– Financial records– Residence status– Marital status– Academic records (such as grades, GPA, class rank)– Academic and Disciplinary actions– Race/ethnicity– Country of citizenship

3) Right to Consent to the Disclosure of Records

• Non-Directory Information can only be released in the following circumstances:– Student provides a signed and dated written

consent that includes:• Records that may be disclosed• Purpose of disclosure• Parties or class of parties to whom disclosure may

be made

Release of non-directory information continued…

– To a school official with a legitimate educational interest

– To schools in which a student seeks or intends to enroll

– In connection with financial aid

Release of non-directory information continued…

– To parents of a dependent student• Must submit evidence that parents declare student

as a dependent on their most recent Federal Income Tax form

Parents

• Parents have no inherent rights

• Records may only be released if:– Student has given written consent– To comply with a subpoena– Parent has demonstrated that their child is a

dependent student

Release of non-directory information continued…

– To comply with judicial order or subpoena

– To Federal, State, and local authorities conducting an audit, evaluation, or enforcement of education programs

– To accrediting organizations

– To organizations conducting studies on behalf of educational institutions

Release of non-directory information continued…

– Results of a disciplinary hearing to an alleged victim of a crime of violence

– Final results of disciplinary hearing concerning a student who is an alleged perpetrator of a crime of violence and who is found to have committed a violation under the institution’s rules

– Disclosure to a parent of student under 21 if the institution determines that the student has committed a violation of its drug or alcohol rules or policies

Release of non-directory information continued…

– In a health or safety emergency• If it is determined that the information “is necessary

to protect the health or safety of the student or other individuals” (34 C.F.R. 99.36)

Recordkeeping

• A record of each request for non-directory information must be made unless made by:

• The student• A school official with legitimate education interest• A party with written consent from the student• A party with a law enforcement subpoena or court

order which specifies non-disclosure

Recordkeeping

• Record of request and disclosure should be maintained as long as record is maintained and should include:

• Parties who have requested or received information

• Legitimate interest parties had in receiving info

4) Right to File a Complaint

• Students may file a complaint with the FERPA Office in Washington, D.C. – Students may contact the Office of the

Registrar & Admissions for information related to filing a complaint.

Resources

• The Office of the Registrar & Admissions

• AACRAO – www.aacrao.org

• Family Compliance Office of the Department of Education – www.ed.gov/policy/gen/guid/fpco/index.html

True/False Quiz

• A student’s degree can be confirmed to someone outside your college without first obtaining the permission of the student so long as the institution identifies “degree” as directory information.

True

True/False Quiz

• An advisor does not have to allow a student to inspect and review her personal notes about the student that are held in a file in the desk of the adviser’s office.

True

True/False Quiz

• Admissions records are “education records,” therefore covered under FERPA.

True

True/False Quiz

• Health records, maintained at the Student Health Center, are education records, subject to FERPA.

False

True/False Quiz

• Faculty have a right to inspect education records of any student attending your college without giving a reason.

False

True/False Quiz

• Parents may obtain confidential information from their student’s academic record if the student is financially dependent under IRS standards.

True

True/False Quiz

• An institution must release any information identified as directory information by the institution to anyone upon request.

False

True/False Quiz

• A student has a right to inspect information in his or her file in the registrar’s office and in his or her major department.

True

True/False Quiz

• Sally Student has just been found in violation of the university’s residence halls’ alcohol policies. Her hall could contact her parent about the issue without her permission.

True

True/False Quiz

• Currently attending students of an institution of higher education have the right under FERPA to request that all of their education records not be disclosed and the institution must comply.

False