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Family Educational Rights and Privacy Act of 1974 (FERPA)
What do you need to know?
For Faculty and Department Staff of The University of New Mexico
Registrar’s Office
What Is FERPA?
• A set of requirements regarding the privacy of student records, including:– Release of educational
records.– Access to educational
records.
Why Comply?
• To protect the student
• It’s the right thing to do
• It’s the law!
How Does UNM Comply
• Notify students annually.• Protect students’ rights to:
– Inspect and review.– Request to amend.– Limit disclosure of personally identifiable
information.
• Ensure that third parties do not re-disclose personally identifiable information.
• Keep records of requests for and disclosures of student education records.
UNM Student Records Policy
• Published annually in the Pathfinder.
• Lists directory information.
• Defines important terms.
What Is UNM’s Liability? For Not Complying With FERPA
• FERPA legislation does allow for the revocation of ALL federal funds to the college for proven violations!– Yes
• Can UNM lose all federal funding?
What percentage of your funding comes from federal sources?
What You Need to Know to Comply With FERPA
• Who is or is not a student?• What is or is not an education record?• What is directory information?• Who is a school official?• What is a legitimate educational interest?
Definition: Student
• Current students• Former students• Does NOT Include:
– Applicants to a program– Spouse or domestic
partner– Parents
Definition: Education Record
• What it is:– Any form directly related to the student,– “Maintained” by the institution,– In whatever media.
• What it is not:– School officials’ personal papers– Certain police papers– Certain employment records– Medical records
Definition: Directory Information
• This varies from school to school.• At UNM, directory information is limited to:
– Degrees and awards received
– Most recent educational agency or institution attended
– Participation in officially recognized activities and sports
– Name– Address– Telephone listing– Electronic mail address– Date of birth– Major– Dates of attendance
Releasable information can be found online at: http://www.unm.edu/phone.html
The Confidential Indicator
• Students may request to have their directory information withheld.
• They should be advised about the ramifications:– NO information whatsoever
will be released by phone to the student or anyone else.
– All transactions MUST be done in person with a photo ID or by signed request.
Where is the Confidential Indicator?INB – First Student Screen
Where is the Confidential Indicator?INB – All Student Screens
Where is the Confidential Indicator?LoboWeb – Student Information
Where is the Confidential Indicator?LoboWeb – Class List
Definition: School Official• An employee of UNM who needs the information
to fulfill job responsibilities.• Agents collecting debts owed to UNM.• Legal counsel advising or representing UNM.• NCAA and MWC for conforming to eligibility
rules for athletic competition.• Contractors only for the purpose of performing
under contract.• Honorary Societies/Chartered Student Orgs.• University researchers.• Officials of cooperating universities in which the
student is enrolled.
Definition: Legitimate Educational Interest
• A school official who needs the information to fulfill job responsibilities.
What Is Your Liability?For Not Complying With FERPA
• Will you pay a fine?
• FERPA legislation as established by the U.S. Congress has NO power to take punitive actions against any individual.
• However, there are other legal claims that can be brought against someone who violates a student’s right to privacy of educational records.
– No
• Will you go to jail?
– No
Can You Lose Your Job?
Violating FERPA is a violation of the following UNM policies:
• BPPM Policy #2200: Reporting Misconduct and Retaliation
• BPPM Policy #2520: Computer Security Controls and Guidelines
• BPPM Policy #3215: Performance Management (Proper Cause)
• Faculty Handbook Section D180: Student Educational Records
Is Consent Required to Release…
• …to a school official with a legitimate educational interest?
• …directory information?• …to agents acting on behalf of UNM?
– Collections, clearinghouse, degree/enrollment verifiers?
• …to comply with a court order or subpoena?
Is Consent Required to Release…
• …relative to a lawsuit or in defense of UNM?
• …to accrediting organizations?• …to anyone if a health or safety emergency
exists?• …to the alleged victim of a crime of
violence?• …to military recruiters?
Is Consent Required to Release…
• …to parents of an independent student?
• …to parents of a dependent student?
• …to the media?• …to police?
Special Information for Faculty
To avoid violations of FERPA rules, DO NOT:• At any time use students’ identification/social security
number in a public posting of grades.
• Link student information (name, grade, etc.) with that students’ identification/social security number in any
public manner. • Leave graded tests in a stack for students to pick up by
sorting through the papers of all students.
Special Information for Faculty
To avoid violations of FERPA rules, DO NOT:• Discuss the progress of any student with anyone (including
parents) other than the student without the consent of the student.
• Provide anyone with lists of students enrolled in your classes for any commercial purpose.
• Provide anyone with student schedules or assist anyone other than University employees in finding a student on campus. Refer requests or inquiries to the Dean of Students Office.
Your Desk: Private or Public?
• As an employee of UNM you have a responsibility to protect all educational records in your possession. This includes any documents in the Registrar’s Office, computer printouts in your office, class lists on paper or on a computer desktop, computer display screens, and notes taken during any kind of advising session with a identification number while in your workspace.
How Does UNM Comply (Review)
• Notify students annually.• Protect students’ rights to:
– Inspect and review.– Request to amend.– Limit disclosure of personally identifiable
information.
• Ensure that third parties do not re-disclose personally identifiable information.
• Keep records of requests for and disclosures of student education records.
What You Need to Know to Comply With FERPA
(Review)• Who is or is not a student?• What is or is not an education record?• What is directory information?• Who is a school official?• What is a legitimate educational interest?
Two Things to Remember!
1. When in doubt, don’t give it out!
2. DO NOT link student information (name, grade, etc.) with that students’ identification/social security number in any public manner!
Thank You for Your Time and Attention!
Any questions?
Alec ReberAssociate Registrar,
The University of New Mexico
Student Support & Services Center
MSC11 6300
Albuquerque, NM 87131
505-277-6331
Elizabeth BartonAssociate Registrar,
The University of New Mexico
Mesa Vista Hall - North
MSC11 6300
Albuquerque, NM 87131
505-277-4022
Other Resources on FERPA• Family Policy Compliance Office, U.S.
Department of Education– E-mail: [email protected]– Web: www.ed.gov/offices/OM/fpco
• AACRAO– Web: www.aacrao.org/compliance/ferpa
• UNM Student Handbook (Pathfinder)– Web: www.unm.edu/~sac/policies.html#srp
• UNM Faculty Handbook– Web: www.unm.edu/~handbook/
• University Catalog
BibliographyRainsberger R. (2000). The AACRAO 2001 FERPA
Guide. Washington, DC: American Association of Collegiate Registrars and Admissions Officers.
Pathfinder. (2002). University of New Mexico: Student Activities Center.
UNM Faculty Handbook. (2003). University of New Mexico: Office of the University Secretary.
BibliographyBaise, Melanie (Associate University Counsel).
(2002). Student Records and the Law [Presentation]. University of New Mexico: Employee Development.
Hicks, Dennis J. (Registrar, Indiana University East). (2000). Training Faculty, Staff, and Administrators FERPA: “It can be done!” [Presentation]. Great Lakes 2000, Session 7.5.
