Dennis Becker, Registrar

FERPA Presentation

Faculty Senate

February 8, 2002

1) Background

a) Family Education Rights and Privacy Act of 1974 (as amended). Current (Patriot act, supreme court, current privacy concerns.)

b) Deals with the release of student education record, and affords students certain rights regarding those records

c) Institutions may not disclose information in education records without a student's written consent (with few exceptions)

2) Primary Rights of Students under FERPA

a) To inspect and review their education records.

b) To seek to amend their education records.

c) To have some control lover the disclosure of information derived from their education records.

3) Definitions

a) Educational Records are all records that:

i) Contain information that is directly related to a student and

ii) Are maintained by an educational agency or institution or by a party acting on the behalf of the agency or institution

b) Educational Records are not:

i) Sole Possession Records

ii) Employment Records (except contingent on attendance)

iii) Law Enforcement Records

iv) Medical/Health Records

v) Alumni Records-that contain only information about a student after she is no longer a student

c) Personally Identifiable Information

i) Is anything that identifies a student: address, parents' names, Banner ID, social security number

d) Directory Information is personally identifiable information that would not normally be considered harmful to release. We have to specifically identify directory information (See brochure). Students may request that it not be released through the Banner system.

e) Student is anyone who has been in attendance at the institution (i.e., FERPA does not cover application materials for students who do not matriculate).

f) University Official has a legitimate education interest to access a student's records in order to fulfill his or her professional responsibility. Faculty responsibilities re: Banner.

4) Annual Notification-FERPA requires institutions to annual notify students in attendance of their FERPA Rights. This has been in the schedule of classes; we will need to replace it.

5) Right to inspect-must comply within 45 days; new form; coordinate in Registrar's Office.

6) Prior Consent-Must be written request; to release with some exceptions identified in brochure, such as:

a) School officials and others in brochure; faculty access in Banner

b) Subpoenas and law enforcement.