erik dahler, j.d., general counsel retha e. karnes, j.d., associate general counsel tel: 485-0050

Office of Legal Services

Erik Dahler, J.D., General CounselRetha E. Karnes, J.D., Associate General Counsel

Tel: 485-0050

FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (“FERPA”)

20 U.S.C. § 1232g; 34 CFR Part 99

DEFINITIONS

FERPA, Family Educational Rights and Privacy Act of 1974, also known as the Buckley Amendment, is a federal law that governs the release of and access to education records. FERPA applies to all schools that receive funds under an applicable program of the U.S. Department of Education. If you would like more information, go to http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html

WHAT IS FERPA?

- any student - present or former- in attendance at Alamo Colleges

The student’s age is not a consideration.Physical presence in class is not required.

FERPA APPLIES TO:

- all records - directly related to a student andmaintained by an educationalagency or institution or by a partyacting for the agency or institution

EDUCATION RECORDS:

- Information that would not generally be considered harmful or an invasion of privacy if disclosed.

DIRECTORY INFORMATION

• Student’s Name• Dates of Attendance• Major• Classification• Enrollment status (full-time or part-time)• Previous institution(s) attended• Degree(s) awarded• Academic honors/awards.

Alamo Colleges has determined that Directory Information shall be:

Information derived from a student’s education records may be disclosed only if:

(1) It is “directory information”;

(2) The student has consented to the disclosure; or

(3) The law provides an exception that permits disclosure without the student’s consent.

GENERAL RULE

WHO MAY ACCESS EDUCATION RECORDS WITHOUT THE STUDENT’S CONSENT?

1. Parents or Guardians who claimed student as dependent on most recent Federal tax return (Obtain Copy)

2. Parents or guardians may receive information on a student who is not a dependent, but has violated the law or District Policy or College Rules governing the use or possession of alcohol or a controlled substance.

The student must be under 21 years of age at the time of the violation AND at the time of disclosure of information.

3. To protect the health or safety of the student or other individuals.

A reasonable basis must be present for a rational person to conclude that a threat to health or safety is present.

Make a record of (1) the “articulable and significant threat” that formed the basis for the disclosure and (2)

the appropriate parties to whom the information was disclosed.

“Appropriate parties” include, but are not limited to, parents of the student, law enforcement, potential victims and their families, friends, and the Alamo Colleges’ SOBI Team and other school officials trained to evaluate and handle such emergencies. (Consult OLS before disclosing information under this option.)

Totality Of The Circumstances

The College may notify parents about a 19-year old student’s underage drinking violation even if the student is not their tax dependent.

The College may notify parents of a 22-year old student’s drug violations if the student is their tax dependent.

A situation need not be deemed a health or safety threat for option 1 or 2 to apply.

Options 1, 2 and 3 are independent of one another.

4. In Response To A Properly Served Subpoena And Court Order

5. Release Any Record If All Personally Identifiable Information Has Been Removed.

Instructors and other school officials may discuss or access a student’s education records based upon a “legitimate educational interest.”

“A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the Alamo Colleges.”

6. “Legitimate Educational Interest”

7. Transferring Students

8. Military Recruiters

Specific information must be disclosed to military recruiters, including name, address, and telephone number.

Direct all requests from the military to the Office of Legal Services.

PROCESSING REQUESTS FOR EDUCATION RECORDS AND

STUDENT INFORMATION

The College must use reasonable methods to identify and authenticate the identity of parents, students, school officials, and any other parties to whom they disclose education records.

OLS recommends obtaining a copy of a picture ID or a properly notarized statement from the requestor. Form is available on OLS webpage at

http://www.alamo.edu/district/legal/contracts.htm

1. Consent Form

The College must maintain a record of each request for access and each disclosure.

  These records must be kept with the

education records of the student as long as the education records are maintained by the College.

2. Record Keeping

SAFEGUARDING EDUCATION RECORDS

Physical controls such as locks on cabinets Technological controls such as software

programs with passwords

Reasonable Methods

•Policy F.4.1 Student Records http://www.alamo.edu/district/ethics/searchfiles/F.4.1%20Policy.pdf

 •Procedure F.4.1.1 Access to Student Recordshttp://www.alamo.edu/district/ethics/searchfiles/F.4.1.1%20Procedure.pdf

• Procedure F.4.1.2 Amendments to Student Records

http://www.alamo.edu/district/ethics/searchfiles/F.4.1.2%20Procedure.pdf

District Policies and Procedures

FERPA FAQ

OLS webpage:

http://www.alamo.edu/district/legal/

QUESTIONS?