FERPA (Family Educational Rights and Privacy Act of 1974) protects the privacy of student education records and grants students certain rights regarding their records. It requires universities to obtain student consent before disclosing personally identifiable information from educational records, except in specific circumstances. Records maintained by university employees regarding students are considered educational records under FERPA. FERPA affords students rights to access and request amendment of their records, and control disclosure of information except in certain situations outlined in the law.

1. FERPA THE F AMILY E DUCATIONAL R IGHTS AND P RIVACY A CT of 1974

2. FERPA This presentation provides an overview of those sections of FERPA deemed most applicable to Rider’s faculty and staff. It is not intended to provide a comprehensive overview of the law. Questions related to student records should be referred to: the Dean of Students office Mike Spicer, University Counsel Jim Castagnera, Associate University Counsel

3. FERPA

4. FERPA-Educational Records Defined: The term ''educational records'' means, with some exceptions (which will be identified later), any : record, file, document audio/video record, film, microfilm computer record, academic/financial record personal notes in student file, etc. of a student currently or previously in attendance at Rider that… 34 CFR 99.3

5. FERPA-Educational Records Defined: …contains information directly related to a student, and is maintained by the university.

6. FERPA-Educational Records Defined: NOTE: Records in your possession as employees of Rider are considered “maintained” by the university and cannot be removed from a file once requested by a student or subpoena. Best Practice : be aware of what you have placed in student files because they could be subject to a subpoena clean out records no longer needed

7. FERPA-Student Rights Under FERPA, Rider must afford the following four major rights to students in attendance, regardless of their age: the right to inspect and review their educational records an opportunity to have their records amended when appropriate some control over the disclosure of information from the records the right to file a complaint with the Secretary of Education’s Family Policy Compliance Office (FPCO) if Rider fails to comply with FERPA Family Policy Compliance Office (FPCO) Home Page

8. FERPA: Inspection and Review of Records: FERPA requires: that Rider provide students with an opportunity to inspect and review their educational records; that Rider not destroy records after a request or subpoena to review or access records; that names or other personally identifiable information about other students included in a particular student’s educational records be redacted . 34 CFR 99.10

9. FERPA: Amendment of Education Records FERPA does not require consideration of requests for amendment that: seek to change a grade or disciplinary decision; seek to change the opinions or reflections of a school official or other person contained in an education record Family Policy Compliance Office (FPCO) Home Page (For Parents) NOTE : These rights to amend apply to the permanent records of students and not to records subject to change as a result of their use in daily operational procedures such as: Personal notes Grade calculations “ Scratch sheets”

10. FERPA-Disclosure of Educational Records: Rider is required by FERPA (with some exceptions discussed below) to obtain a student's consent prior to the disclosure of educational records; and ensure that the consent is signed, dated and states the purpose of the disclosure. 34 CFR 99.30

11. FERPA: Disclosure of Educational Records: Impermissible disclosure of educational records without student consent includes: publicizing private information from a student’s file verbally. i.e. through discussion with others by leaving information visible in offices, printers or computer screens publicizing information obtained from other computers or reports Best Practice : Destroy records by shredding or placing in incineration bins when no longer needed.

12. FERPA: Disclosure of Educational Records: What is permitted: emailing information from a student’s educational records to the student at her Rider email address Student workers’ access (assuming that they have been trained and a signed confidentiality agreement is in place)

13. FERPA: Exceptions to Consent Requirement: Rider may , without a student’s consent , disclose educational records to other school officials with verifiable legitimate interests, such as: administrators teachers support staff contracted personnel or volunteers under Rider’s direct control BEST PRACTICE: In the wake of Virginia Tech, Rider and other colleges and universities are encouraging the sharing, among University personnel, of information that generates concerns about the behavior of students. 34 CFR 99.31

14. FERPA-Exceptions to Consent Requirement: Rider may , without a student’s consent , disclose educational records to Federal and State officials who are conducting audits at Rider in compliance with court orders such as subpoenas BEST PRACTICE: Questions related to compliance with court orders or subpoenas should be directed to Mike Spicer, University Counsel.

15. FERPA: “Directory Information” Rider may , without a student’s consent , disclose educational records that are identified as “directory information” ( i.e. information not generally considered to be harmful or an invasion of privacy if disclosed) unless the student requests in writing that the information not be released. fact of enrollment status dates of enrollment degree candidacy degree awarded major field name, home and local address and telephone numbers email address participation in organizations and team 34 CFR 99.31

16. FERPA: “Personally Identifiable Information” Disclosure, Without Consent, of Student Records- Harmful Information: social security number (disclosed internally at Rider or used to verify student information from outside source) age ethnicity or race marital status gender academic measures such as GPA, SAT scores financial information disciplinary record, etc.

17. FERPA: “Directory Information vs. Personally Identifiable Information: Directory information”, not otherwise considered harmful, should not be released if it could be reasonably linked to “personally identifiable information”. i.e. nickname, physical characteristics, behavioral characteristics.

18. FERPA-Privacy Alert “Privacy Alert” will appear at the top right hand corner of a student information system computer screen for students who have requested restrictions on the release of their information. (Contact the Dean of Students Office before releasing any information). Restrictions placed on the release of information by students while in attendance apply when they are no longer in attendance. If other databases containing student information are being used, FERPA requirements still apply.

19. FERPA: What Are Not Considered Educational Records: The term ''educational record'' does not include: desk notes that are not revealed to any other person and are destroyed when no longer needed employment records of individuals employed by Rider but who happen to be taking classes verbal reports related to students that are not contained in a record reports created, maintained, and released by Public Safety to external authorities for law enforcement purposes 34 CFR 99.3

20. FERPA: Helpful hints DO NOT leave your computer unattended when logged in and turn your computer screen away from public view. When emailing groups of students it is best to copy them in the “BCC” field. DO NOT circulate or make available printouts containing student names, identification numbers, social security numbers or grades.

21. Questions about FERPA: Questions about the handling or release of student records should be directed to: Your academic dean’s office the Dean of Students on either campus; Mike Spicer, University Counsel; or Jim Castagnera, Associate University Counsel.