What you should know aboutWhat you should know about

FERPAFERPA

Office of the RegistrarOffice of the Registrar

Georgia Southwestern State UniversityGeorgia Southwestern State UniversityLast updated 01-AUG-2004Last updated 01-AUG-2004

A Disclaimer….A Disclaimer….• This presentation is designed to give a brief

overview of FERPA as it relates to the records of students.

• Any questions regarding specific matters should be forwarded to the Registrar’s Office for clarification. The Board of Regents will be consulted when necessary.

• FERPA should not be confused with the Open Records Act or Solomon Amendment.

What is FERPA and for what What is FERPA and for what purpose does it exist?purpose does it exist?

The Family Educational Rights andPrivacy Act of 1974, as Amended(FERPA) is a federal law. Thepurpose of this law is to afford studentscertain rights pertaining to theireducational records.

Does FERPA apply to Does FERPA apply to applicants?applicants?

FERPA does not apply to applicants

who are denied admission or to those

applicants who were accepted but did

not attend.

Does FERPA apply to all Does FERPA apply to all students?students?

FERPA applies to allstudents who attend post-secondary institutions.

Briefly, what does FERPA Briefly, what does FERPA guarantee?guarantee?

• FERPA gives students the right to inspect and review their own records

• to request amendments to their record

• to have some control over the release of personally identifiable information from their records

Who is responsible for seeing Who is responsible for seeing that FERPA is upheld?that FERPA is upheld?

• Generally speaking, all GSW employees who have access to records are responsible for guarding the confidentiality of student records.

• Specifically, requests for access to records, requests for amendment of records and complaints regarding any violation of FERPA are to be filed with the Office of the Registrar.

What is meant by “Disclosure” What is meant by “Disclosure” of Information?of Information?

• Permitting access to or the release of personally identifiable information to any party. This includes any communication by oral, written, electronic or any other means.

• Schools are not allowed to disclose information (other than “Directory Information”) without the student’s written consent except under very limited conditions.

How are students made aware How are students made aware of FERPA?of FERPA?

• Although we are required to notify students annually regarding their FERPA rights, the methods used to communicate this information are left up to the school.

• Notification at GSW is done via annual mailings, publication in the University Bulletin, the Weathervane, and the Registrar’s Office web page (http://www.gsw.edu/academics/registrar.html).

What is Directory What is Directory Information?Information?

• "Directory Information" is information not generally considered harmful or an invasion of privacy if disclosed. GSW considers the following information to be "Directory Information":

• Name, e-mail address and telephone listing• Level (graduate or undergraduate)• Field of study (major)• Dates of attendance• Degrees, date awarded, associated honors /designations• Enrollment status (full-time or part-time)

WHAT IS NOT CONSIDERED DIRECTORY INFORMATION?• Social Security Numbers

• Student I.D. Numbers

• Student Birthdate

• Student Address----even an on-campus address.

• These items must NEVER be released!

Can a student prohibit release Can a student prohibit release of “Directory Information”?of “Directory Information”?

• Yes. Students who wish to prohibit the release of "Directory Information" should complete the annual notification and return it to the Registrar’s Office. This notification is mailed August 1st every year.

• Consulting the University Bulletin and/or the Registrar’s home page will provide additional guidelines.

How can I know if a student has asked How can I know if a student has asked that no information be released?that no information be released?

• Students who have asked that no information be released have the word “CONFIDENTIAL” displayed at the top of every form in BANNER/RAIN.

• WHEN IN DOUBT, consult the Registrar’s Office!

CONFIDENTIAL

Are parents exempt from Are parents exempt from FERPA restrictions?FERPA restrictions?

• No. Parents do not have the right to access records of students at the post-secondary level. Not even if they are paying all tuition…not even if they cry…except in these three cases:

• They have the written consent of the student.• In response to a subpoena (the student must be

notified that records were released).• They can prove that they claimed the student as a

dependent on their most recent Federal Income Tax form.

Can Information Be Released if a Student’s Can Information Be Released if a Student’s Record is Marked “Confidential”?Record is Marked “Confidential”?

* Yes, if you have one of the following:* Student’s Written Request* Subpoena* Copy of Federal Tax Form Claiming the

Student as a Dependent

HOWEVER, no information should be released without one of the items listed above!!

What should you do if you are What should you do if you are not sure if you can release not sure if you can release

information?information?

• When in doubt, saying nothing is your best option

•Don’t play the “Guessing Game”

•It is far better to NOT release information than to

release information incorrectly

Which requests should you Which requests should you forward to the Registrar’s forward to the Registrar’s

Office?Office?• All requests for transcripts - only the

Registrar’s Office can generate an official transcript

• Certification requests - verification of enrollment for lenders, health insurance, good student car insurance discount forms

• Questions regarding the academic record of any student

Let’s See How FERPA Smart Let’s See How FERPA Smart You AreYou Are

A father calls and asks

for his son’s grades. He

can fax a copy of his

tax return proving that

the student is his

dependent. Can you

release the grades?

Only if you can know with

certainty that you are

speaking to the father

(which cannot be verified over the phone).

Suggest that his son order

a transcript to be mailed to

the father’s address.

How Would You Respond To...How Would You Respond To...

An author requests

academic information

on Jimmy Carter. Since

all of President

Carter’s records are

already a matter of

public record, can you

release the information?

No, FERPA rights

continue even after a

student is no longer

enrolled.

FERPA rights do end

upon the death of a

student.

OK, What About…OK, What About…

A student asks to see

his records. You notice

that he has a hold for

parking fines. Can you

make him pay the fine

before viewing his

record?

No, students have theright to view theirrecord even if they owemoney. Can he have acopy of his transcript? No, GSW is notrequired to release acopy if the student owesmoney.

But It’s An Emergency...But It’s An Emergency...

A Sumter County policeofficer comes to your officebecause she needs to find a student.She has been looking forthe student for a week, but can’t catch him at thedorm. Can you give her thestudent’s schedule?

If she’s been looking for

a week, it’s not an

emergency! The release of

non-directory information is

appropriate only if

“necessary to protect the

health or safety of the

student or other individuals”.

One Last ExampleOne Last Example

The local Baptist church affiliated with our

community asks for a list of all new international

students and their

country of origin so that

they can invite them to a

dinner during the

holidays. OK?

Although the thought is anice one, country oforigin is not considered“Directory Information”.The Baptist church members

are not considered to be“school officials” andshould be treated like any

outside party.

Know Everything Now???Know Everything Now???• No one can possibly know every detail of

FERPA and how it is to be applied, not even the Registrar (me).

• When in doubt, DON’T release information! It is better to take a message and return a phone call rather than release information by accident.

• Failure to comply with FERPA can not only cause legal difficulty for GSW, but can cost you your job.