FERPA Training

1. FERPA Training

2. What is FERPA? • FERPA stands for the Family Educational Rights and Privacy Act of 1974. • “A federal law designed to protect the privacy of education records, to establish the right of students to inspect and review their education records, and to provide guidelines for the correction of inaccurate and misleading data through informal and formal hearings.”

3. The Essence of the Act • College students must be permitted to inspect their own educational records. • School officials may not disclose personally identifiable information about students nor permit inspection of their records without their written permission, unless such action is covered by certain exceptions permitted by the Act.

4. Why Comply with FERPA? • It’s the Law. • Failure to comply could result in the withholding of Federal Funds, including Student Financial Aid. • Lawsuits caused by violations cost time and money.

5. Who is and is not covered under FERPA? • Students who are or have been in attendance at a postsecondary institution are covered under FERPA. • Applicants who are denied admission or who never attend are not covered under FERPA.

6. When do FERPA rights begin and end for a Student? • Rights begin on the day the student begins attending class. • FERPA rights continue after the student leaves the institution and are only terminated upon the death of the student.

7. Student (and former student) Rights under FERPA • To inspect their education records. • To request an amendment to their record and a hearing if the request for amendment is unsatisfactory. • To file a complaint with the U.S. Department of Education if they feel their rights are being violated

8. Student (and former student) Rights under FERPA (cont.) • To expect that their education records are kept confidential except where special provisions are made. • To suppress the disclosure of directory information.

9. What are Education Records? • Any record, with certain exceptions, maintained by an institution that is directly related to a student or students. This record can contain a student’s name, or students’ names from which an individual student, or students, can be personally identified. • These records can be in any media form: handwritten, print, type, film, electronic, microfiche, etc.

10. What information might need to be handled in a secure way? • Any personally identifiable piece of information, other than strictly directory information. Items such as those listed below fall into this category. • Registration Forms • Transcripts • Student information displayed on a computer screen • Grades • Student schedules • Class assignments • Class rosters • Any paper with the student’s SSN on it

11. Personally Identifiable • Personally identifiable means data or information which includes: • The name of the student, the student’s parent, or other family members. • The student’s campus or home address. • A personal identifier (such as a social security number or student ID number) • A list of personal characteristics or other information which would make the student’s identity easily traceable.

12. What are not considered to be Education Records? • Law Enforcement Unit Records – maintained solely for law enforcement purposes & revealed only to law enforcement agencies • Employment Records – of those whose employment is not contingent upon being a student • Records created as a result of being a student (work study, graduate assistant, etc.) are education records

13. What are not considered to be Education Records? (cont.) • Medical Records – created by a health care professional used only for the medical/health treatment of the student • Alumni Records – created after the student has left the institution • Sole Possession Notes

14. Sole Possession Notes • Are made by one person as an individual observation or recollection, are kept in the possession of the maker, and are only shared with a temporary substitute. • Notes taken in conjunction with any other person are not sole possession notes (counselor’s notes, interview notes, etc.) • Sharing these notes with another person, or placing them in an area where they can be viewed by others makes them “education records” and are subject to FERPA • Best Advice: If you don’t want it reviewed, don’t write it down.

15. What information can be released? • Directory Information • Information that the student has given written consent to release. • Information needed by University officials who have a legitimate educational interest. • Information needed by certain government agencies.

16. University Officials • A person employed by the University in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff). Also considered university officials are temporary employees, student employees, and graduate assistants employed by the university.

17. Legitimate Educational Interest • Defined as the need to know in order to: • Perform an administrative task outlined in persons official job duties • Perform a supervisory or instructional task directly related to the student’s education. • Perform a service or benefit for the student such as health care, job placement, financial aid, etc.

18. What is Directory Information? • It is information that can be released without the student’s written consent. • At Montana Tech, the following is considered directory information: • Student Name • Address (including campus email address) • Telephone number • Major field of study • Participation in officially recognized activities and sports • Weight & height of members of athletic teams • Dates of attendance • Degrees and awards received • Most recent previous school attended • Photograph • Class rosters for electronically mediated (Blackboard) classes will NOT be released, except to students enrolled in that specific class.

19. Student’s Right to Restrict Release of Directory Information • Students have the right to restrict release of directory information. They must complete the Request to Restrict Release of Directory Information form located on the Montana Tech website. • Students who have completed this form will have their record flagged as confidential. This flag will appear in Banner and on OrediggerWeb. • If a student’s file is flagged as confidential, we cannot release any information regarding that student.

20. Parent’s Rights • Parents may obtain directory information. • Parents may obtain non-directory information only if they have signed consent from their child. • Students must complete the Authorization for Disclosure of Confidential Information form if they want their parents to be able to access their education records. This form is available on the Montana Tech website.

21. Letters of Recommedation • If non-directory information is included in a letter of recommendation, you must have a signed consent from the student. • The signed consent should include the following: • Who has permission to write the letter • Where the letter should be sent to • What non-directory information should be included

22. Helpful Hints for Faculty • Do not use the SSN/Student ID to post grades. • Do not leave graded tests in a stack for students to sort through. • Do not circulate a printed class list with the Student Name and SSN/Student ID. • Do not provide anyone with student schedules. • Do not provide anyone with lists of students enrolled in your classes.

23. Important Info • Access to student information via computer software does not authorize unrestricted use of that information. • Curiosity is not a valid reason to view student information. • Records should only be accessed in the context of official business. • When in doubt – don’t give it out. • Information on a computer should be treated with the same confidentiality as a paper copy. • Do not leave confidential information displayed on an unattended computer. • Cover or put away papers that contain confidential information if you are going to step away from your desk.