FE FERP RPA A for or Coll College ges & Univ s & - PowerPoint PPT Presentation

Famil amily y Edu Educa cation tional al Right Rights s an and d Pr Privac ivacy y Ac Act (FE t (FERP RPA) A) FE FERP RPA A for or Coll College ges & Univ s & Univer ersiti sities es Ellen Campbell, Acting Director, FPCO Bernie Cieplak, Program Analyst, FPCO February 9, 2012 Baron Rodriguez, Director, PTAC

Poll: Who’s in the Audience? Question: Which answer best describes your connection to the postsecondary community?  I am a registrar/admissions officer  I am a professor or dean  I am a campus law enforcement official  I don’t work in the education field 2

Today’s Presentation  One hour  Questions  Presentation available after the webinar: – PTAC: www.ed.gov/ptac – FPCO: www.ed.gov/fpco 3

Poll: Prior FERP oll: Prior FERPA A Ex Experienc perience Question: Which answer best characterizes your prior experience with FERPA?  I’m a pro! I work with the statute and regs all the time  I work with FERPA, but find it confusing  I know what FERPA is, but don’t work with it often  FERPA? What’s FERPA? 4

Famil amily y Edu Educa cation tional al Right Rights s an and d Priva Privacy y Act Act (FERP (FERPA) A) Statute: 20 U.S.C. § 1232g Regulations: 34 CFR Part 99 5

Wha hat is F t is FERP ERPA? A? The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to consent to the disclosure of personally identifiable information from education records, except as provided by law. When a student turns 18 years old, or enters a postsecondary institution at any age, the rights under FERPA transfer from the parents to the student (“eligible student”). 6

Rece ecent Amendmen nt Amendments to ts to the the FE FERP RPA A Regula gulations tions http://www.gpo.gov/fdsys/pkg/FR-2011-12-02/pdf/2011-30683.pdf § 99.3 – Defines “Authorized representative” and “Education program”  § 99.31(a)(6)(ii)-(iv) – Amends the studies exception  § 99.35(a)(2) – Amends the audit or evaluation exception  § 99.3 & § 99.37(c) - (d) – Modifies definition of and requirements  relating to “directory information” §§ 99.60 - 99.67 – Strengthens the enforcement provisions of FERPA  Changes effective January 3, 2012  7

§ 99.3 99.3 Wha hat definitions a t definitions appl pply y to these to these r regula gulations? tions? (P (Par artial) tial) “Education records” are records that are – 1) directly related to a student; and 2) maintained by an educational agency or institution or by a party acting for the agency or institution. 8

Ed Educa ucation tion Reco ecords ds Exceptions to “education records” include –  sole possession records used as a personal memory aid;  law enforcement unit records;  student employment records; and,  “treatment records.” 9

“Treatment Reco ecords ds ”  Records on an eligible student that are: – made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity; – made, maintained, or used only in connection with treatment of the student; and, – disclosed only to individual providing the treatment. § 99.3 “Exceptions to “Education records.” 10

Poll: oll: Whic hich of h of the f the follo ollowin wing is g is NO NOT cons consider idered P ed Per ersona sonall lly I y Identifia dentifiable ble Infor Inf orma mation (PII tion (PII)? )? 1. The student’s name 2. The address of a student’s parent or other family member 3. Participation in officially recognized activities and sports 4. A student’s ID number 5. All of the above could be considered PII 11

Per erson sonall ally Identifia y Identifiable ble Inf Infor orma mation (PII) tion (PII) “Personally identifiable information” (PII) includes, but is not limited to:  the student’s name;  name of the student’s parent or other family members;  address of the student or student’s family;  a personal identifier, such as a social security number, student number, or biometric record; and,  other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name. 12

Per erson sonall ally Identifia y Identifiable ble Inf Infor orma mation (PII) tion (PII) (co (cont.) nt.)  Other 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 relevant circumstances, to identify the student with reasonable certainty; or  Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates. 13

Di Directo ectory y Inf Infor orma mation tion “Directory information” is –  Personally identifiable information that is not generally considered harmful or an invasion of privacy if disclosed includes but is not limited to: – name, address, telephone listing, electronic mail address; – date and place of birth; – photographs; – participation in officially recognized activities and sports; – field of study; – weight and height of athletes; – enrollment status (full-, part-time, undergraduate, graduate); – degrees & awards received; – dates of attendance; – most recent previous school attended; and – grade level. 14

Di Directo ectory y Inf Infor orma mation tion (co (cont.) nt.)  “Directory information” cannot include a student’s social security number and generally may not include a student’s ID number.  However, a student’s ID number, user ID, or other unique personal identifier used by the student for purposes of accessing or communicating in electronic systems may be treated as “directory information” but only if the identifier cannot be used to access education records, except when used in conjunction with one or more factors that authenticate the user’s identity, such as a personal ID, password, or other factor known or possessed only by the authorized user. 15

Di Directo ectory y Inf Infor orma mation tion (co (cont.) nt.)  New! “Directory information” may include a student ID number or other unique personal identifier that is displayed on a student ID badge, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identity, such as a PIN, password, or other factor known or possessed only by the authorized user. 16

Ri Rights ghts o of Stude Students nts § 99.5 What are the rights of students? When a student becomes an eligible student, the rights accorded to,  and consent required of, parents under FERPA transfer from the parents to the student. Nothing in FERPA prevents an educational agency or institution from  disclosing education records, or PII from education records, to a parent without the prior written consent of an eligible student if the disclosure meets the conditions in § 99.31(a)(8), § 99.31(a)(10), § 99.31(a)(15), or any other provision in § 99.31(a). 17

Ri Rights ghts o of Stu Studen dents ts (co (cont.) nt.)  §99.31(a)(8) – The disclosure is to parents of a dependent student, as defined in section 152 of the IRS Code.  §99.31(a)(10) – The disclosure is in connection with a health or safety emergency.  §99.31(a)(15) – The disclosure is to a parent of a student at a postsecondary institution regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance, if the school determines that a student under the age of 21 has committed a disciplinary violation with respect to that use or possession.  Any other provision in § 99.31(a) that might apply. 18

Pop Quiz: W op Quiz: Whic hich h of of the f the follo ollowin wing is g is NO NOT requir equired ed as par as part t of of the annual the annual notifica notification? tion? 1. The right to inspect and review education records 2. The right to amend education records 3. The right to consent to disclosures, with certain exceptions 4. The right to file a complaint with U.S. Department of Education 19

§ 99.7 W 99.7 Wha hat t mus must an ed t an educa ucational tional agenc gency or ins y or institution titution inc include in its lude in its annual notifica annual notification? tion? Colleges & universities must annually notify students in attendance of their rights under FERPA, including:  right to inspect and review education records;  right to request amendment of education records;  right to consent to disclosures, with certain exceptions; and,  right to file a complaint with U.S. Department of Education. 20