FERPA

RVCC FACULTY FERPA WORKSHOP

OCTOBER 2011

DAN PALUBNIAKREGISTRAR

FERPA

• This presentation is designed to give you a base level of knowledge of the rules governing the release of student information.

• FERPA defines two categories of information: Directory and Non- Directory

WHAT IS FERPA?• FERPA- Family Educational Rights & Privacy Act

(aka Buckley Amendment)• Passed by Congress in 1974 - The Act grants the

following four specific rights to the college student:

1) Right to see the information that the institution is keeping on the student

2) Right to seek an amendment to those records and in certain cases append a statement to the record

3) Right to privacy and to consent to disclosure of the record

4) Right to file a complaint with the FERPA office in Washington

Said simply…

• FERPA is a Federal Law that protects the privacy of students’ educational records and aids in the decision making that school officials need to make every day.

WHY IS UNDERSTANDING & COMPLIANCE WITH FERPA

IMPORTANT?

• Protect our students• Protect ourselves - Federal funding

depends on the protection. The DoE can withhold funding in cases of serious non-compliance.

• Maintaining confidentiality of student records is everyone’s responsibility including faculty, staff or student worker.

WHAT IS A STUDENT EDUCATIONAL RECORD?

• Just about any information provided by a student to RVCC for use in educational processes is considered a student educational record including:

• Personal information• Enrollment records• Grades & grade assignments• Schedules and bills

• The storage media in which you find this information does not matter! A student’s educational record may be:

• A document in the Registrar’s Office• A computer printout in your office• A class list on your desktop• Notes you have taken during an advising session

When can educational information be shared?

Educational information can be shared with third parties, including parents, so long as the student has given written permission. Written permission must be given for each disclosure event and must state the record to be disclosed, the purpose for the disclosure and the person to whom it will be disclosed.

THE QUIZ

• NOW LETS TEST YOUR BASIC FERPA KNOWLEDGE

• CLUE: When in doubt - don’t give out!

Question 1

Your department assistant prints a class roster for you. On the first day of class, you pass the roster around the room asking the students to sign beside their names.

Any problems here?

Answer 1

Yes! You have just circulated every student’s SSN or ID Number. Also depending upon the type of roster, there may have been a phone number, address, birth date, major, email address or other personal information.

Question 2

In an effort to get grades to students quickly, you post a list of them on your office door. The list identifies students by the last four digits of their SSN or RVCC ID Number. Is this okay?

Answer 2

No! Not only have you posted information that could be identified, but you’ve probably just posted the PIN numbers for the ATM cards of many of the students in your class.

Question 3

A student comes to your office to ask for her grade. While you turn your head to sneeze, she looks at your computer screen and sees the grades of her classmates. Have you violated FERPA?

Answer 3

Yes. Education records that are personally identifiable are protected by FERPA, regardless of the medium in which they are maintained. You are responsible for protecting the privacy of those records. Information on a computer should be treated with the same confidentiality as a paper copy.

Question 4

Is it acceptable to place completed exams/assignments on the table in the front of the room and have the students find their own as they enter the classroom?

Answer 4

No. Even if you don’t have the grade written on the exam, it is still an educational record belonging to each student, and thus protected by FERPA.

Question 5

A student comes to your office andinsists that you let him see notes that you have written in your files about him. Must you let him see the notes?

Answer 5

No. Education records are only those that are identifiable and maintained by the institution.

As long as you never share them with anyone else, these are considered your personal notes and are not covered by FERPA.

Question 6

A man identifying himself as the father of one of your students shows up at your office. He says that it is an emergency, and he must find his daughter. Is it okay for you to tell him where she is?

Answer 6

• No. For the safety of the student, never tell anyone the location of a student. In this situation, the correct action is to refer the person to RVCC Security.

Question 7

Since you refuse to give the student’s location, he asks for the student’s current phone number. You remember that directory information is NOT considered a confidential education record, so can you give him the number?

Answer 7

No. Students have the right to prevent the disclosure of this information. If they have done this, it will be on file in Enrollment Services. For that reason, all requests for student information should be directed there.

Question 8

A police officer, showing identification, says he is conducting an investigation and must know if a certain student was in attendance on a specific day. Is it okay to give him this information?

Answer 8

No. He should be referred to

Enrollment Services.

Question 9

What if he has a subpoena- is it now okay to give him the information?

Answer 9

No. There are specific procedures required by FERPA that must be followed. Refer the officer to the Enrollment Services Office.

Question 10

A mother calls to see how her son is doing in your class. What should you tell her?

Answer 10

Nothing. Even by letting her know that he is still enrolled, you could be violating FERPA. The student may have requested the College to withhold his directory information.

Question 11

In the discussion with the mother, you are reminded that the student is only 16 years old. Is it okay to discuss his progress with the parent, since he is still a minor?

Answer 11

No. FERPA transfers all rights from the parent to the student when the student reaches the age of 18 or attends a school beyond the high school level.

Question 12

One of your students emails you and asks for his grade on last week’s exam. Can you send it to him?

Answer 12

The only way to verify that the person to whom you are sending the grade is truly the student is to send it using the student’s official RVCC email address (obtained thru the Lion’s Den. All email communication with students should be conducted using the RVCC addresses of the faculty member and student.

Question 13

You receive a call from an agency with special job opportunities for good students in your field. They ask for the names of all the students who received an A in your course last semester. Can you fulfill their request?

Answer 13

Grades are educational records, so you cannot give them a list of students with A grades; however, you can recommend students based upon your personal observations. Before you do this, please verify with the Enrolment Services Office that none of the students made a request to keep their educational records confidential.

AN EXCEPTION

FERPA allows the release of information from education records to appropriate officials in case of health and safety emergencies.

FERPA CLASS IS OVER

• THANK YOU

• If you have any questions, please contact:

Dan Palubniak - Registrar

Pat Richmond - Assistant Registrar