FERPAFERPAFamily Educational Rights and Privacy ActFamily Educational Rights and Privacy Act

A presentation for the Biola University A presentation for the Biola University Admissions StaffAdmissions Staff

Angela BessoloAngela Bessolo

December 2004December 2004

Purpose of WorkshopPurpose of Workshop

To be familiar with a brief history of legal issues To be familiar with a brief history of legal issues in higher educationin higher education

To understand the primary rights of students To understand the primary rights of students under FERPAunder FERPA What are they?What are they? How do they pertain to Admissions?How do they pertain to Admissions?

To be familiar with court cases dealing directly To be familiar with court cases dealing directly with FERPA issueswith FERPA issues

To identify the impact FERPA has on parent To identify the impact FERPA has on parent involvement with the institutioninvolvement with the institution

To discuss potential areas of training for new To discuss potential areas of training for new Admission staff members Admission staff members

History of law in Higher EducationHistory of law in Higher Education

University law regarding students has University law regarding students has developed and changed over time.developed and changed over time.

The Rights and Responsibilities of the The Rights and Responsibilities of the

Modern UniversityModern University –Robert Bickel and Peter –Robert Bickel and Peter LakeLake

Four eras in which the law evolved:Four eras in which the law evolved: In loco parentisIn loco parentis Civil Rights EraCivil Rights Era Bystander EraBystander Era Duty EraDuty Era

History of law in Higher Education, History of law in Higher Education, cont…cont…

In loco parentisIn loco parentis Prior to 1960Prior to 1960 Sir William Sir William

Blackstone coined Blackstone coined the phrasethe phrase

““in place of the in place of the parent”parent”

Universities were Universities were separated from the separated from the legal systemlegal system

Institutional Institutional independence and independence and freedomfreedom

Civil Rights EraCivil Rights Era 1960’s – 70’s 1960’s – 70’s Students fight for Students fight for

their civil rights on their civil rights on college campusescollege campuses

““constitutional constitutional adults”adults”

Awarded due processAwarded due process Dixon v. Alabama Dixon v. Alabama

State Board of State Board of EducationEducation

Student viewed as Student viewed as “consumer”“consumer”

History of law in Higher Education, History of law in Higher Education, cont…cont…

Bystander EraBystander Era Universities were Universities were

exempt from legal exempt from legal responsibilities for responsibilities for student safetystudent safety

Solely an educatorSolely an educator Students were Students were

perceived as perceived as “strangers”“strangers”

Tarasoff v. Board of Tarasoff v. Board of Regents of the Regents of the University of CaliforniaUniversity of California

Courts began to Courts began to consider “duty” consider “duty”

Duty EraDuty Era Since the mid-1980’sSince the mid-1980’s Era of transitionEra of transition Urgent need to become Urgent need to become

more proactive in more proactive in setting standards, rules, setting standards, rules, and guidelines for and guidelines for students students

Seeking a balance Seeking a balance between between university/student university/student relationshiprelationship

Divided responsibility Divided responsibility versus shared versus shared responsibilityresponsibility

FERPAFERPA

How did it get started?How did it get started? Proposed by former New York Senator James Proposed by former New York Senator James

Buckley on May 9, 1974 and became effective in Buckley on May 9, 1974 and became effective in November 1974. November 1974.

Buckley’s initial intentionBuckley’s initial intention The law was designed to protect the privacy of The law was designed to protect the privacy of

student education records. student education records. Who does FERPA apply to?Who does FERPA apply to?

The law applies to all schools receiving federal The law applies to all schools receiving federal funds under the U.S. Department of Education funds under the U.S. Department of Education programs. programs.

Legislative purposeLegislative purpose ““promote communication between institutions and promote communication between institutions and

the parents of students…”the parents of students…”

Primary rights under FERPAPrimary rights under FERPA

Right of AccessRight of Access A student has the right to inspect and review A student has the right to inspect and review

all education records maintained by a school.all education records maintained by a school. Right to ChallengeRight to Challenge

A student has the right to seek to amend A student has the right to seek to amend education records.education records.

Right to ConsentRight to Consent A student has a right to have some control A student has a right to have some control

over the disclosure of information from over the disclosure of information from education records. education records.

Right to ConsentRight to Consent

Disclosure of Education RecordsDisclosure of Education Records 3 main components3 main components

Disclosure provisions Disclosure provisions Exceptions to the consent requirementExceptions to the consent requirement

Redisclosure Redisclosure ““Directory information” exemptionDirectory information” exemption

FERPAFERPA

Exceptions to Exceptions to FERPA include:FERPA include:

Law Enforcement RecordsLaw Enforcement Records

Employment RecordsEmployment Records

Medical RecordsMedical Records

Alumni RecordsAlumni Records

Primary provisions Primary provisions with FERPA:with FERPA:

Withholding of fundsWithholding of funds

Problem with Problem with legislationlegislation

FERPA related court casesFERPA related court cases

Only 2 cases have been subject to the Supreme Only 2 cases have been subject to the Supreme Court:Court: Owasso Independent School District v. FalvoOwasso Independent School District v. Falvo John Doe v. Gonzaga UniversityJohn Doe v. Gonzaga University

Admissions related:Admissions related: Osborn and Center for Equal Opportunity v. Board of Osborn and Center for Equal Opportunity v. Board of

Regents of the University of Wisconsin-SystemRegents of the University of Wisconsin-System

Open records requestOpen records request Miami University (Ohio)Miami University (Ohio)

The Crime Awareness Act of 1990 (Roseiwig, Ethan)The Crime Awareness Act of 1990 (Roseiwig, Ethan)

Parents Parents

Impact on ParentsImpact on Parents ““Once a student is eighteen or enters a postsecondary Once a student is eighteen or enters a postsecondary

institution, the rights of the parents transfer to the institution, the rights of the parents transfer to the student unless the college decides to permit parents of student unless the college decides to permit parents of dependent student’s access to student records.” dependent student’s access to student records.” (Weeks, Kent)(Weeks, Kent)

Parental Communication and InvolvementParental Communication and Involvement 5 basic parental rights under FERPA5 basic parental rights under FERPA

ConclusionsConclusions

FERPA continues to serve as the defining piece of FERPA continues to serve as the defining piece of legislation for how colleges and universities legislation for how colleges and universities define the relationship between the institution define the relationship between the institution and parents.and parents.

FPCOFPCO Family Policy Compliance OfficeFamily Policy Compliance Office

Electronic recordsElectronic records

Faculty and staffFaculty and staff

Parents do not have “automatic access” Parents do not have “automatic access”

Potential areas of growthPotential areas of growth

Training and ManagementTraining and Management““Training on security awareness should include supporting Training on security awareness should include supporting

the information security program in general, as well as the information security program in general, as well as addressing the safeguarding of customer information. addressing the safeguarding of customer information.

Training should cover anyone who has access to a Training should cover anyone who has access to a system that has customer information, and also anyone system that has customer information, and also anyone

who has access to paper copies of customer who has access to paper copies of customer information.”information.”

FERPA issues in our application FERPA issues in our application

process?process?