FERPA:Why it MattersProduced by Montreat College Office of Records & Registration in accordance with AACRAO FERPA Guide (2010)

FERPA: Why Should I Care?

Student-FocusedThe purpose of FERPA is to protect students.

Federal LawIf an institution does not comply, the Department of Education could withhold funds administered by the Secretary of Education.

What is FERPA?Family Educational Rights & Privacy Act:Regulations that govern fair information practices to protect students

Students have 3 primary rights under FERPA:

inspect and review their education records have some control over the disclosure of

information from their education records seek to amend incorrect education records

(AACRAO FERPA, 2010, p. 13)

Need to Know…FAQ’s When do FERPA rights begin?

Which educational records can be shared… Without prior consent from student? Only with prior consent from student?

How are parents treated under FERPA?

How does FERPA affect my departmental-specific duties?

Definitions Student: Any person who attends or has attended Montreat College. School Official: A person employed by Montreat College in an

administrative, supervisory, academic, or support staff position; A person under contract to the College (i.e. attorney); A student serving on a committee or assisting another school official in fulfilling professional responsibilities; Board of Trustees.

Educational Records: Any record that is maintained by a Montreat College staff or faculty member and is directly related to the student.

Directory Information: Public information not related to academic performance. Think in terms of information that may be found in a phone book, an athletic page, or a Facebook profile.

Non-Directory Information: Personally identifiable information and records related to academic performance. Think of records you would keep private – these include student ID and SSN, grades/GPA, and finances. Demographics are also non-directory.

For comprehensive definitions set forth by Montreat College please see: http://www.montreat.edu/registrars-office/educational-rights-and-privacy/

Student Rights:Access to Education Record

Student has right to access educational record, with explanation and interpretation

Student does not have right to access the following: Financial information submitted by parents Letters of recommendation, if confidential Information about more than one student (however,

access must be permitted to that part of the education record pertaining to the inquiring student)

Admission records if the student’s application was denied or the student chose not to attend Montreat College after making application.

http://www.montreat.edu/registrars-office/educational-rights-and-privacy/

Student Rights:Authorization to Disclose Education RecordStudents are notified of their FERPA rights in the annual Montreat College catalogStudents choose one of the following FERPA authorizations:Maintain a List

Directory information can be shared Non-directory information can be shared with anyone on the

student’s list if that person can provide the Personal Identification Phrase (PIP) set by the student and the PIP can be verified

Directory Only Directory information can be shared Only the student can receive non-directory information

Decline Prevents release of directory and non-directory information.

“Decline” should only be used when student needs to protect identity for safety concerns

Student Rights:Disclosure of Directory Records

Release of Directory InformationConsent is not required to release the following records if student selects “maintain a list” or “directory only”

(Remember directory educational records in the following categories)

“Phone Book” “Facebook” “Athletic Page”

Name Name Name

Address Date of Birth Weight & Height

Telephone Academic Major Participation in officially recognized activity/sport

Dates of Attendance

Enrollment Status

Degrees Awarded

Classification

Most recent previous institution

Expected graduation date **NOTE: Demographics are NON-Directory

Job title and dates

Student Rights:How does FERPA relate to Parents?

When student begins attending a post-secondary institution, regardless of age or financial dependency, FERPA rights transfer to student.

(This is a Montreat College policy set within the guidelines provided by FERPA)

Parents may obtain information on the student’s educational record only in accordance with the student’s FERPA Authorization.The student may sign consent for parents to receive non-directory information.

Student Rights:Disclosure of Non-Directory Records

Release of Non-Directory InformationWritten consent is required before disclosing non-directory information, and must:

Specify the record to be released State the purpose of disclosure Identify the party to whom disclosure is being made Be signed and dated by the student

Verbal consent is acceptable if someone the student designates to receive non-directory information can provide the student’s PIPConsent is not required for the following requests:

Students requesting information for their own records Some representatives of state & federal educational authorities &

VA National Student Clearinghouse for enrollment &degree verification For purposes of financial aid eligibility In certain cases for health, safety, and disciplinary actions Disclosure to school officials who have a legitimate educational

interesthttp://www.montreat.edu/registrars-office/educational-rights-and-privacy/

Student Rights:Legitimate Educational Interest A school official may receive non-directory

information without student consent if the information is needed to fulfill a duty or service related to his or her professional responsibility for Montreat College. For example, performing a task related to a student’s education, discipline, financial aid, or health care.

http://www.montreat.edu/registrars-office/educational-rights-and-privacy/

FERPA by Department Staff & All School Officials………………... Faculty...……………………………………... Admissions…………………………...……… Athletics……………………………………… Financial Aid………………………………... IT………………………………………………. Student Services……………………………. Law Enforcement………………………….. Medical/Counseling Personnel…………. Public Affairs………………………………… Registrar………………………………………

Staff & All School OfficialsSharing Education Records Between Montreat College OfficialsAny school official who has a legitimate educational interest may access student education records. School officials must demonstrate legitimate educational interest (as opposed to a personal/private interest) before obtaining access to student education records.Sharing Education Records With StudentsStudents have the right to access their own education record; validate student identity with student ID # in person or over the phone.Sharing Information With People Other Than Student & College OfficialsBefore disclosing directory or non-directory information, check to see if student has “Do Not Release” block.DO NOT release any directory OR non-directory information on a student whose authorization is “Do Not Release”Provide directory information if student’s release is “Directory only” or “Auth List in WEB Rpt”.

Staff & All School Officials

Do not provide non-directory information unless the student has signed a proper consent, or the person requesting disclosure can provide the

student’s Personal Identification Phrase and the PIP can be verified

the person has a legitimate educational interest another exception such as state and federal

education authorities, for purposes of financial aid, accrediting bodies, subpoenas, National Student Clearinghouse (all of whom are covered by FERPA)

When you are authorized to release non-directory information, you must forward the record to the Registrar’s office.

Check FERPA Authorization

Check FERPA Authorization

Check FERPA Authorization

Check FERPA Authorization

FacultyLetters of Recommendation

Free to write based on personal observation of student Must obtain student consent to include non-directory info

(i.e. grades)

Grading Cannot post grades publically, even for public discussion Cannot leave grades assignments where others can see

them

Communication with Parents Cannot provide non-directory information unless student

has officially authorized parent per PIP or signed consent Cannot provide directory information if student’s

authorization is “Do Not Release”

Publishing Theses Students should be informed if thesis will be published (i.e.

through syllabus)

Grants or contracts must follow FERPA

AdmissionsWhen FERPA Rights Begin

FERPA rights begin when student attends first classMontreat College’s interpretation of FERPA states that persons are considered applicants until they attend class, at which point they become students.

Applicants are not protected under FERPA, except:All transcripts are protected if received from other institutionsInformation can be exchanged with previous institution if student is trying to enroll at Montreat College

Athletics

Athletics records are subject to FERPAAthletic records are considered part of the student’s education record because team sport participation is contingent on being a student

State “open record” laws are trumped by FERPANCAA investigations: cannot disclose results unless have signed consent

Financial Aid

Financial Aid records are protected under FERPA as non-directory information

If student signs an agreement to release information to third parties in reviewing financial aid opportunities, etc., this consent document determines what may be disclosed.

IT

To prevent contracts or vendors from mining student data at any point, students cannot have an end period.

Student data should be secured via appropriate passwords and record access monitoring.

Student Services

Disciplinary records are considered part of the student’s education record, and are therefore under FERPA.Exceptions to release information regarding disciplinary actions:Substance Abuse: Parents may be notified of substance abuse violation if their student is under age 21, regardless of whether the student is dependent. (Foley Amendment)Emergency Situation: Professional judgment decision in cases of health or safetyDisciplinary Actions:

results of hearing shared with alleged victim of a crime of violence;

final results of a hearing concerning a student who is an alleged perpetrator of a crime of violence who is found guilty

Law Enforcement

Records created for investigation must be maintained as a separate record with law enforcement and apart from education record so not under FERPA

Law Enforcement and the College Can designate law enforcement officers as “school officials” so

they can see and use educational records Cannot allow “law enforcement school official” to include

education records in investigative report Cannot share education record with outside source unless there

is corroboration for information going into investigative report Can have law enforcement maintain surveillance video records so

not under FERPA

Discipline Apart from Law Enforcement Institutional disciplinary records are under FERPA and part of the

student’s education record

Medical/Counseling Personnel

Medical/counseling records are not education records as long as not shared with outside departments

FERPA trumps HIPPA, so medical/counseling records can be shared internally with school officials who have a legitimate education interest

Medical/counseling records become education records under FERPA once shared inter-departmentally

Public Affairs

Normal disclosure rules apply. Cannot release non-directory information without consent. Always check for “Do Not Release.”

RegistrarThe Academic Record

The Office of Records & Registration at Montreat College is tasked with housing the institutional FERPA policies.

Normal disclosure rules apply. Deceased students are no longer subject to FERPA.

Alumni records are not subject to FERPA.

TIPSDo not leave personally identifiable information where others can see it.“When in doubt, don’t give it out.” Even when it is permissible to provide information, we are rarely required to do so.

Questions? Contact the Office of Records & Registration

at registrar@montreat.edu or ext. 3735 Come by the Records Office and see us!

The Official FERPA Guide lives in the Registrar Office

If you come by to ask questions or review the manual, you can get a piece of candy.