FERPA 202: Presentation for Office of Records and Registration

Phone Bank and Front Desk Staffs

Family Educational Rights and Privacy Act of 1974, as Amended (FERPA)

Shannon WilliamsNovember 2010

What is FERPA?

The Family Educational Rights and Privacy Act of 1974, also known as the Buckley Amendment, is a federal law designed to protect the privacy of student education records.

FERPA requires that schools obtain written permission from students before releasing educational records, and provides standards for appropriately using education records.

In certain well-defined circumstances, some information may be released without the student’s written permission.

FERPA Privacy Standards

Privacy Standards:

Students must be permitted to inspect and review their educational records

School officials may not disclose personally identifiable information from a student’s education record without authorization

Institutions are responsible for insuring that all of its school officials comply with FERPA

BE AWARE! Ensure Privacy Compliance

Safeguard student records

Know policies and procedures

Mitigate known privacy violations

Cooperate with investigations by the Department of Education

Why?

It is federal law.

The Department of Education may issue a notice to cease non-compliance.

Universities that do not comply with FERPA may ultimately lose federal funding for programs administered by the Secretary of Education. (Tier I stuff!)Faculty research grantsFinancial aid, scholarships and grantsGraduate fellowshipsEducation grants

Who Has FERPA Rights at the Postsecondary Level?

FERPA rights belong to the student regardless of age.

A student is a person who has been admitted and is or was registered when classes are in session. This applies to all students: enrolled, former, distance education, students auditing a class, and continuing education students.

What FERPA Rights are Given to a Student?

Right to inspect and review their education records within 45 days of the request

Right to request to amend their education records

Right to limit disclosure of personally identifiable information

Right to file a complaint with the Department of Education concerning an alleged failure by the institution to comply with FERPA

What FERPA Rights are Given to a Parent?When the student turns 18 or begins attending an institution of

higher education, FERPA rights transfer to the student.

A student may choose to allow his parents access to his records

A student may submit the STUDENT RELEASE OF INFORMATION TO PARENTS/LEGAL GUARDIANS form

A parent may access the student’s record if the student is claimed as a dependent for federal income tax purposes

What FERPA Rights are Given to a Spouse?A spouse has no inherent rights under FERPA to access a

student’s record…

…UNLESS the student has given written authorization by completing a release form

What FERPA Rights are Given to a UTA Employee?Education records may be released to school officials with a

“legitimate educational interest” without the student’s permission

However, administrators, faculty, staff or anyone else with this access may not improperly disclose that information

UT Arlington uses role-based security as the means by which its staff and faculty can access needed data from student records

Annual Notification of Privacy Practices

FERPA requires that the institution provide an annual notification to students of their FERPA rights, and provide students access to their education record.

What are Education Records under FERPA?

Education records are defined as records that are directly related to the student and are maintained by an educational agency or institution, if certain conditions are met.

At UT Arlington, an education record is defined as any information recorded in any way, including but not limited to handwriting, print, tape, film, microfilm, microfiche, and digital image.

Examples of Education Records under FERPARegistration formsGradesClass assignmentsAny paper with the student’s ID on itTranscriptsStudent schedulesClass rostersStudent information displayed on your computer screen

Best Practice for Guarding Student DataTurn off the screen (or turn away from the screen) while

talking to a parent or anyone other than the student to whom you should not disclose information from the student’s record or personally-identifiable information about the student.

Education Records Do NOT Include:Education records are NOT:

Private/personal notes written by individual faculty or staff and kept in the “sole possession” of the one who made the record

Campus police recordsEmployment recordsAlumni recordsMedical treatment recordsAggregate statistical records that contain no personally-identifiable

information about any student

Education Records Which a Student Does Not Have the Right to Inspect

Medical treatment records, until they are releasedLaw enforcement recordsEmployment recordsPost-enrollment recordsSole possession recordsPeer-graded papersConfidential letters of recommendation if the student has waived his right

of accessFinancial records of the student’s parentsAdmissions records for a student who does not officially attend the

program of admissionRecords of a student that contain information on other students

Inspection and Amendment of Education Records

To inspect education records, a student should submit a written request identifying the records to be inspected to the UT Arlington Office of Records and Registration, attn: Associate Registrar.

Details are available at http://www3.uta.edu/registrar/ferpa.asp

Personally-Identifiable Information in a Student RecordPersonally identifiable information is any information that

identifies or describes a student.

It includes, but is not limited to:Student’s nameName of student’s parents or family membersAddress of student or student’s familyAny personal identifier such as UTA ID or SSNAny personal characteristic that would make a student’s identity easily

traceable

FERPA Directory Information

The personally identifiable information within the record is called directory information.

This is information about a student that is not considered harmful or an invasion of privacy if disclosed.

While FERPA protects the privacy of education records, directory information is not treated as confidential and may be disclosed by the University without student consent unless the student requests confidentiality.

FERPA Directory InformationNameAddressPhone NumberE-mail AddressDate of birthMajor field of studyParticipation in recognized activities and sportsHeight and weight of athletesDates of attendanceDegrees and awards receivedMost recent previous educational institution attended

Withholding Release of FERPA Directory InformationStudents may set their FERPA privacy settings in MyMav to indicate

that their directory information be withheld.

Navigation in MyMav: In the student center, click on User Preferences Click on FERPA Restrictions Click on the green button “Edit FERPA/Directory Restrictions” Choose “Restrict All Fields” or “Release all Restrictions,” then scroll to the bottom of that

page and click SAVE Click the button “Release all Restrictions” (upper right corner), then scroll to the bottom

of that page and click SAVE

Withholding FERPA Directory Information at UTA: All or Nothing

Currently, when a student chooses to restrict release of any aspect of his/her directory information, none of the student record will be released to any external source.

Impact of Withholding ReleaseStudents who request restrictions to their record will not be

included in the following:Commencement program Microsoft-hosted Student Email system (address book that allows

student-to-student access) UT Arlington web site “Find People” UT Arlington printed Campus Directory “Maverick Connection” Requests from external entities seeking directory information on UTA

students whose requests are approved by the custodian of records for UT Arlington

However, restriction will not impact participation in Mav Alert

Disclosure Status Remains in Effect Until Changed

Any restriction a student makes in his MyMav record will remain in effect until s/he revokes it.

UT Arlington allows former students to make changes to the disclosure status in effect at the time of their last term of attendance.

FERPA rights cease upon death. However, it is UTA policy that no records of deceased students be released for a period of 25 years after the date of the student’s death, unless specifically authorized by the executor of the deceased’s estate or next of kin.

New Business Process Related to Commencement Program

Beginning this semester, if a student restricts all directory information, his/her name will not be included in the commencement program.

Lots of communications and calls to graduating seniors about this

Final deadline for Commencement Program inclusion: If FERPA privacy election hasn’t been changed to “Release all Restrictions“ by 11:59 pm Thur, Nov. 11, student’s name will not be included in the program.

Plans to Change for Spring TermFor students graduating in Spring 2011 and thereafter, we will

turn on functionality that will allow the student to release his/her name only for the Commencement Program but not otherwise.

Screenshot: Plans for Next Semester

To Whom and Under What Conditions Can Colleges Disclose Personally Identifiable Information?

The University of Texas at Arlington will disclose information from a student’s education record without the written consent of the student in the following circumstances:

The student

Anyone, if the University has obtained the prior written consent of the student

To Whom and Under What Conditions Can Colleges Disclose Personally Identifiable Information?

Anyone, in response to requests for directory information when the student has not indicated not to release his personally-identifiable information

Authorized representatives of the Comptroller General, Secretary of Education, US Attorney General or state and local educational authorities if the disclosure is in connection with an audit or evaluation of federal or state supported education programs

To Whom and Under What Conditions Can Colleges Disclose Personally Identifiable Information? (continued) To appropriate University administrators, faculty members,

staff members and outside service providers, such as contractors and consultants, who require access to education records in order to perform their legitimate educational duties.

This includes student workers who at any time may access student records as a part of their duties. UT Arlington restricts and tracks access to education records to enforce the “legitimate education interests” requirement in this exception.

To Whom and Under What Conditions Can Colleges Disclose Personally Identifiable Information? (continued)

In connection with a student's application for, establishing eligibility or conditions for, or receipt of financial aid. UT Arlington contracts with the National Student Clearinghouse to provide enrollment and degree data to lenders and guarantors.

To officials of other schools in which the student seeks or intends to enroll, upon request

Agents acting on behalf of the institution (contractors, etc

To Whom and Under What Conditions Can Colleges Disclose Personally Identifiable Information? (continued)

Parents of a dependent student, as defined by the IRS code

Parents when their student (under 21) is found to have violated the alcohol or drug policy of the institution

An alleged victim of a crime of violence when the disclosure is the result of a disciplinary hearing regarding the alleged perpetrator of that crime with respect to that crime

To Whom and Under What Conditions Can Colleges Disclose Personally Identifiable Information? (continued)

Anyone requesting the final results of a disciplinary hearing against an alleged perpetrator who has been found in violation of the campus code relating to a crime of violence or non-forcible sex offense

Anyone, when the disclosure concerns information provided by sex offenders required to register under state or federal law

To Whom and Under What Conditions Can Colleges Disclose Personally Identifiable Information? (continued)

Appropriate parties, such as law enforcement or the student’s parents, if a health or safety emergency exists, and the institution believes the student presents a serious danger to himself or others.

Golden Rule in making this decision: Will this information assist in resolving the emergency?

Golden Rule:When in doubt, don’t give it out.

But do so nicely.

Reverse ArticulationAs a benefit to its graduates, UT Arlington provides complimentary

transcripts to Dallas County Community College District and Tarrant County College District

Student must have earned 16 or more for-credit hours at that institution

Permission to send the transcript back to the community college is part of the Application for Graduation.

The community college notifies these students that they should apply for conferral of their associate degree.

Contacts for FERPA Policies and Procedures

Office of Admissions, Records and Registration, UTA Box 19088, Arlington, TX 76019

Shannon Williams, Associate Registrar; direct 817/272-6105; swilliams@uta.edu

http://www3.uta.edu/registrar/ferpa.asp

Enforcement AgencyFamily Policy Compliance Office, US Department of

Education, Washington, DC