FERPA: What you FERPA: What you Need to KnowNeed to Know

The Family Educational Rights The Family Educational Rights and Privacy Act & SEIand Privacy Act & SEI

FERPA at SEIFERPA at SEI

As an employee or contracted As an employee or contracted service provider, you may be service provider, you may be working with sensitive and working with sensitive and restricted student data. In addition restricted student data. In addition to being knowledgeable about how to being knowledgeable about how to protect data at SEI, you will need to protect data at SEI, you will need to be aware of federal regulations to be aware of federal regulations governing the data. governing the data.

The Family Educational Rights and Privacy Act, known as FERPA (aka the “Buckley Amendment”), is a Federal law enacted by the United States Congress in 1974.

The Act, sets forth requirements regarding the privacy of student records. FERPA governs the release of records maintained by schools and their research partners (SEI) and access to these records.

What is FERPA?What is FERPA?

What is the purpose of FERPA?What is the purpose of FERPA?

Protect the privacy of student education records.

Establish guidelines for the release of student records.

Establish the right of students to inspect and review their education records.

Provide guidelines for the correction of inaccurate and misleading data.

• Execute Data Sharing Agreements with schools/districts which clearly define responsibilities regarding PII

• Assure schools and districts that SEI employees and contracted providers understand FERPA responsibilities

• Make certain employees with access to the student information system protect student’s privacy.

SEI must…SEI must…

What are Educational Records?What are Educational Records?

• Records that directly relate to a student (personally identifiable to a student).

• Records that are maintained by an educational agency or institution or by a party acting for (SEI) the agency or institution.

Examples are:Examples are: Student Grade RecordsTesting RecordsAttendance RecordsSocio Economic Records

What is Personally Identifiable Information?What is Personally Identifiable Information?

Personally identifiable information includes Personally identifiable information includes information that would allow a reasonable person in information that would allow a reasonable person in the school or its community, who does not have the school or its community, who does not have personal knowledge of the relevant circumstances, to personal knowledge of the relevant circumstances, to be able to identify the student with reasonable be able to identify the student with reasonable certainty. Information includes: biometric records, certainty. Information includes: biometric records, SSN, Student ID, date and place of birth, mother’s SSN, Student ID, date and place of birth, mother’s maiden name.maiden name.

Who is allowed to view a student record?Who is allowed to view a student record?

School Officials and employees may review student records as long as they have a (need to know) “legitimate educational interest” to review these records.

Faculty and staff members may inspect student records as long as they have an academic or administrative reason, such as to fulfill a responsibility as part of their job.

A “school official” can be a A “school official” can be a person:person: Employed by the school in an Employed by the school in an

administrative, supervisory, academic, administrative, supervisory, academic, research or support staff position research or support staff position (including law enforcement and health (including law enforcement and health staff personnel).staff personnel).

Note: Amended regulations (Jan ‘09) expand the school official exception to include contractors, consultants, volunteers, and other parties to whom a school has outsourced services or functions under certain circumstances. This is SEI’s relationship with the schools/dictricts.

A “legitimate education interest” is A “legitimate education interest” is generally defined as:generally defined as:

The demonstrated need to know by those The demonstrated need to know by those officials who act in the student’s officials who act in the student’s educational interest, including: faculty, educational interest, including: faculty, administration, clerical and professional administration, clerical and professional employees, and other persons who employees, and other persons who manage student record information.manage student record information.

Such access is considered a violation of FERPA and if allowed, SEI is subject to fines from the Department of Education and legal challenges from the schools.

It is not legal for school officials, faculty, staff, student worker, contractor (SEI) or any other member of a campus community to access student records for non-educational purposes.

FERPA regulations allow the release ofFERPA regulations allow the release of““Directory Information”, without the written Directory Information”, without the written consent of the student.consent of the student.

FERPA also gives students the right to restrict this information from the general public ..

Except ……Except ……

Directory Information is generally considered to be:

student namestudent name

addressaddress

Email AddressEmail Address College/school and curriculumCollege/school and curriculum

dates of attendancedates of attendanceClassClass standing

standing

Current enrollment

Current enrollment statusstatus

Participation in officially recognizedParticipation in officially recognizedstudent activities, sports and information relatedstudent activities, sports and information related

to participation on athletic teamsto participation on athletic teams

Degrees & Degrees & AwardsAwards

honors & awards receivedhonors & awards received

telephone telephone ##

Directory Information is Directory Information is NOTNOT::

RaceRace GenderGenderSocial Security

Social Security NumberNumber

ReligionReligion

GradeGradess

Grade Point Average Grade Point Average (GPA)(GPA)

Country of CitizenshipCountry of Citizenship

Test Scores

Always Protect Sensitive Information Always Protect Sensitive Information

Schools and SEI expect data in to be secure from corruption and Schools and SEI expect data in to be secure from corruption and inappropriate disclosure.inappropriate disclosure.

Password protect your computer.Password protect your computer.

Store sensitive student information on the network drive, or password Store sensitive student information on the network drive, or password protect and encrypt information on computers.protect and encrypt information on computers.

Dispose of documents, CD’s or USB drives properly.Dispose of documents, CD’s or USB drives properly.

Secure your computer, mobile devices each day before leaving.Secure your computer, mobile devices each day before leaving.

Do not send FERPA protected (non-directory) information through e-Do not send FERPA protected (non-directory) information through e-mail unless password encrypted.mail unless password encrypted.

Thank you for your attention Thank you for your attention and cooperation in and cooperation in

protecting the privacy of the protecting the privacy of the students!students!

If you have further questions, please contactIf you have further questions, please contact

the SEI Executive Director.the SEI Executive Director.

You should sign the FERPA Awareness form You should sign the FERPA Awareness form and submit it to the Operations Manager at and submit it to the Operations Manager at

SEI.SEI.