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OASFAA 2008 Conference FERPA

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OASFAA 2008 Conference FERPA OASFAA 2008 Conference FERPA Presentation Transcript

  • OASFAA Spring 2008 Conference FERPA© Copyright 2008, United Student Aid Funds, Inc. All Rights Reserved.
  • The Family Educational Rights and Privacy Act Background• Signed into law August 21, 1974.• Became effective November 19, 1974.• Commonly called the “Buckley Amendment.”• 34 CFR Part 99. 1
  • The Family Educational Rights and Privacy Act Background FERPA applies to “an educational agency or institution to which funds have been made available under any program administered by the Secretary (of education)” (34 CFR 99.1).• Family Policy Compliance Office. – (202) 260-3887 – www.ed.gov/policy/gen/guid/fpco/ferpa/index.html 2
  • Rights of Parents and Eligible Students• Rights transfer to students: – At age 18. – “Eligible students.” • Currently or formerly enrolled. • Not: – Deceased students. – Prospective students. 3
  • Rights of Parents and Eligible Students Parent: A naturalparent, a guardian, oran individual acting as a parent in the absence of a parent or guardian. 3
  • Rights of Parents and Eligible Students• Two parties have access to student’s education record. – The student. – Parents of dependent student. • Defined in IRS Code, Section 152. • School’s release of parents’ financial information to student is not required.• Parent/student FAFSA completion. – Potential conflict. 3
  • Written Consent Not Needed• Legitimate educational • A judicial order or lawfully interests. issued subpoena.• Other schools to which a • Health and safety student is transferring. emergencies.• Audit/evaluation purposes. • State and local authorities in• Appropriate parties with juvenile-justice system. students’ financial aid. • Under age 21 and violated• Organizations conducting alcohol and drug laws or studies for schools. policies.• Accrediting organizations. • Alleged victim of a crime. 4
  • Written Consent Standards• Written: • Electronic: – Specify the records to be – Identifies and authenticates disclosed. a particular person as the – State the purpose of the source of the electronic disclosure. consent. – Identify the party or class of – Identifies that person’s parties to whom the approval of the information information will be contained in the electronic disclosed. consent. – Be signed and dated. 5
  • Directory Information• Student’s name.• Address. Directory information refers• Telephone listing.• E-mail address. to information contained in• Photograph. students’ education records,• Date and place of birth. not generally considered• Major field of study. harmful or an invasion of• Dates of attendance. privacy, if disclosed.• Grade level.• Enrollment status.• Participation in officially- recognized activities and sports.• Athlete weight and height.• Degrees, honors and awards.• Most recent institution attended. 6
  • Annual Notification• Annual notification to students required. – Must be made by means likely to inform students. • College catalogue. • College handbook. • School Web site.• Student may request that information not be released. – Request must be in writing. 7
  • Education Record• Records, files, documents or other materials containing student-related information.• Maintained by educational agency or institution. – Includes records accessible to another individual. – Handwritten, print, electronic, CD-ROM or other media. – FERPA does not mandate time frame for retaining. • Time frame varies based on the type of record. • Federal, state and/or institutional policies specify archiving needs. 7
  • Education Record Exceptions• Sole-possession records or private notes.• Law enforcement or campus-security records.• Personnel records. – Unless for student employees.• Professional-treatment records.• Information obtained on a former student. – Alumni records. 8
  • Education Records Requirements• School must maintain: – List of all education records. – Location of records. – Procedures by which student can review records. 8
  • Record of Disclosures• Disclosure must • Exceptions: include: – Eligible student or parent. – School official with legitimate – Names of parties who educational interest. requested or received – Seeking directory information. the information. – A subpoena with orders that the subpoena not be – Parties who requested disclosed. or received information – U.S. Attorney General and any legitimate investigating or prosecuting interest. terrorism crimes. 8-9
  • Access to Student Records Subpoenas• A command from a court requiring a person’s appearance to provide testimony or evidence.• Student notification required. – Send via certified mail with return receipt. – Exceptions: • Subpoena specifies not to notify student.• Submitting records. – Certified copies sent to issuer or agency collecting documents. – May charge fees for copying and mailing.• Consult with legal counsel before responding. 9-10
  • Access to Student Records Student Employees’ Use of Records Office is responsible for the privacy and confidentiality of student records that student employees use.• Recommended use of code of responsibility. – New-employee training tool. – Violations and sanctions explained. 10-11
  • Access to Student Records Parental Access to Records• Parents have no inherent rights to inspect eligible student’s records.• Rights can be modified. – Written consent of student. – In compliance with subpoena. – In connection with health or safety issue. – Parent(s) claim student on taxes. 11-12
  • FERPA Violation Penalties • Family Policy Compliance Office. – If FPCO finds a violation, school is notified to correct its actions. – If school still fails to comply with FERPA, Secretary can direct no further federal funding. 13
  • FERPA Violation Penalties Gonzaga v. John Doe (June 20, 2002)• Students cannot sue schools that release grades and other personal information improperly. – 7-2 Vote.• Found that FERPA gives “no specific, individually enforceable rights.”• Leaves enforcement to ED. 13
  • Ensuring Compliance• Compliance, customer service and conflict require the financial-aid office to act responsibly. – Develop and share a student-record privacy and confidentiality statement for your office. – Provide staff training and require a signed statement or code of responsibility from all employees. – Attend FERPA conferences/training sessions. – NASFAA Self-Evaluation Guide on FERPA. – AACRAO’s FERPA Guide. 14-15
  • Federal Legislative Amendments• The Jeanne Clery Disclosure of Campus Security and Campus Crime Statistics Act.• The Gramm-Leach-Bliley Act.• The Campus Sex Crime Prevention Act.• The USA Patriot Act.• The Student and Exchange Visitor Information System. 16-19
  • Notice of Proposed Rulemaking Federal Register March 24, 2008• Proposed changes to FERPA include: – Implementing provisions of amendments: • USA Patriot Act. • Campus Sex Crimes Prevention Act. – Implementing Supreme Court decisions: • Owasso Independent School District vs Falvo. • Gonzaga University vs Doe. – Clarifying and updating provisions based on ED’s experience administering FERPA. – Clarifying issues resulting from tragic events at Virginia Tech.
  • Federal UpdateCase Studies 20-25
  • Questions?© Copyright 2008, United Student Aid Funds, Inc. All Rights Reserved.