Family Educational Rights Family Educational Rights and Privacy Actand Privacy Act

(FERPA)(FERPA)

UNION COLLEGE

IntroductionIntroduction

A federal law, the Family Educational Rights and Privacy Act of 1974 as amended, affords students certain rights concerning their student education records. The law is also known as FERPA and the Buckley Amendment.

Who has rights under FERPAWho has rights under FERPA??

Eligible StudentEligible Student: :

A student who is or has been in attendance at Union College; and

About whom Union College has maintained education records.

Primary Rights of Students Under Primary Rights of Students Under FERPA FERPA

Students have a right to know the purpose and content of their education records, and which Union College maintain their education records;

Primary Rights of Students Under Primary Rights of Students Under FERPA (con’t)FERPA (con’t)

Students have the right to request changes be made to education records;

Students have the right to appeal a decision of a college faculty or staff member not to make the changes requested.

To appeal, students should contact the Union College Director of Records.

Primary Rights of Students Under Primary Rights of Students Under FERPA (con’t)FERPA (con’t)

When a student reaches the age of 18, or begins attending a postsecondary institution, regardless of age, FERPA rights transfer from the parent to the student

Primary Rights of Students Under Primary Rights of Students Under FERPA (con’t)FERPA (con’t)

Students have the right to have some control over the disclosure of information from education records.

Students have a right to expect that information in their education records will be kept confidential and disclosed only with their permission or under provisions of the law.

Other Student Rights under Other Student Rights under FERPAFERPA

Students have a right to direct concerns of a FERPA violation to the college administration.

Students also have a right to file a complaint with the U.S. Department of Education concerning alleged failures by the college to comply with the requirements of FERPA.

Complaints are filed at:Family Policy Compliance OfficeFamily Policy Compliance OfficeU.S. Department of EducationU.S. Department of Education400 Maryland Avenue, SW400 Maryland Avenue, SWWashington, D.C. 20202-5901Washington, D.C. 20202-5901

Parental Rights Relating to Parental Rights Relating to Educational RecordsEducational Records

For purposes of FERPA, the College considers all students independent. Therefore, education records will not be provided to parents without the prior consent of the student.

Parental Rights Relating to Parental Rights Relating to Educational RecordsEducational Records

However, parents have the right to expect confidentiality of certain information about them in student education records, such as income tax returns.

What is an “Education Record?” What is an “Education Record?”

““Education recordsEducation records”” are defined as:

1. records, files, documents, and other materials which contain information directly related to a student

[KEY concept: Does the education record contain personally identifiable personally identifiable informationinformation?]

Exceptions to the Definition of Exceptions to the Definition of “Educational Records”:“Educational Records”:

Sole Possession NotesSole Possession Notes:: Notes of a professor or staff member are not considered education records (even if the notes contain information about a student) if the maker of the notes does not share the records with anyone, except a substitute. Once shared, they become education records.

Exceptions to the Definition of Exceptions to the Definition of “Educational Records”:“Educational Records”:

Law Enforcement RecordsLaw Enforcement Records: : Records of a law enforcement unit which are kept apart from education records, are maintained solely for law enforcement purposes, and are not made available to persons other than law enforcement officials of the same jurisdiction.

Exceptions to the Definition of Exceptions to the Definition of “Educational Records”:“Educational Records”:

Medical RecordsMedical Records: : Physician, psychiatrist, or psychologist except treatment records of students.

Exceptions to the Definition of Exceptions to the Definition of “Educational Records”:“Educational Records”:

Alumni RecordsAlumni Records:: Records that only contain information about a student after he or she is no longer a student at the College.

Exceptions to the Definition of Exceptions to the Definition of “Educational Records” (con’t): “Educational Records” (con’t):

Employee recordsEmployee records: :

Records relating to an individual who is employed by the College not as a result of his or her status as a student are excluded.

However, employment records relating to college students who are employed as a result of their status as students, such as graduate assistants or student workers, are considered educational records.

Directory InformationDirectory Information

FERPA identifies a category of information as “directory information,directory information,” which institutions may release without student permission.

Directory InformationDirectory Information

“Directory informationDirectory information” is the only information that may be released without specific written permission from the student, except in certain conditions specified by the regulations.

Directory Information at Directory Information at Union CollegeUnion College

(subject to change) Student's name Home and local addresses E-mail address Date of birth (month and day) Home and local telephone numbers Dates of attendance at UC Degrees and awards received at UC Academic recognition Photo Institutions attended prior to admission to UC

Directory Information at Union Directory Information at Union College (con’t):College (con’t):

Participation in officially recognized activities and sports at UC

Directory InformationDirectory Information

A student must inform the Director of Records in writing if they do not want their directory information disclosed to third parties.

(The Registrar may still provide directory information to school officials with legitimate educational interests and certain others as specified in the regulations.)

FERPAFERPA

Under the FERPA law, we are not required to give out directory information on our students, even though FERPA allows the College to do so – we may do so.

“Opt-out” Request

Once filed, the “opt-out” request becomes a permanent part of the student’s record until the student instructs the college, in writing, to have the request removed.

School Officials and Legitimate School Officials and Legitimate Educational InterestsEducational Interests

FERPA permits the College to disclose education records to “School OfficialsSchool Officials” who have a “Legitimate Educational InterestLegitimate Educational Interest.”.”

School OfficialsSchool Officials

People employed by the College in administrative, supervisory, academic or research, or support staff positions, including College Security and Health Services staff.

School Officials (con’t)School Officials (con’t)

People or companies, such as attorneys, auditors, collection agencies, or the National Student Clearinghouse, with whom the College has contracted

Students serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks

Legitimate Educational InterestLegitimate Educational Interest

A school official has a “legitimate legitimate educational interesteducational interest” if the official needs to review an education record in order to fulfill his or her professional responsibilities.

Exceptions to the General Exceptions to the General Prohibition on Nonconsensual Prohibition on Nonconsensual

Disclosure:Disclosure: To officials to comply with a judicial order

or lawfully issued subpoena.

These requests should always go to the Director of Records.

Solomon AmendmentSolomon Amendment

Colleges and Universities may not deny military recruiters (including ROTC) access to students.

However, colleges are not required to give out the directory information of those students who have “opted-out” of having their directory information disclosed to third parties.

Solomon AmendmentSolomon Amendment

Refer all requests received from military recruiters to the Director of Records.

Guidelines for Faculty and StaffGuidelines for Faculty and Staff

DODO refer requests for information from the education record of a student to the proper education record/data custodian.

When in doubt about the proper custodian, DODO contact the Office of the Director of Records

DO NOTDO NOT release information for which you are not the record/data custodian.

Guidelines for Faculty and Staff Guidelines for Faculty and Staff (con’t)(con’t)

DODO keep only those individual student records necessary for the fulfillment of your job responsibilities.

DODO make sure to properly dispose of education records that do not need to be maintained.

Guidelines for Faculty and Staff Guidelines for Faculty and Staff (con’t)(con’t)

DO NOTDO NOT display student scores or grades publicly in association with names, Social Security Numbers (or any portion thereof) or other personal identifiers.

Guidelines for Faculty and Staff Guidelines for Faculty and Staff (con’t)(con’t)

DO NOTDO NOT put papers, graded exam books, or lab reports containing student names and grades in publicly accessible places. Students are not to have access to the scores and grades of others in class in ways that allow other students to be identified.

Guidelines for Faculty and Staff Guidelines for Faculty and Staff (con’t)(con’t)

DO NOTDO NOT access or request information from the student education record without a legitimate educational interest and the appropriate authority to do so.

Guidelines for Faculty and Staff Guidelines for Faculty and Staff (con’t)(con’t)

DO NOTDO NOT share student education record information, including grades or grade point averages, with other faculty or staff members unless their official responsibilities identify their legitimate educational interest in that information for that student.

Guidelines for Faculty and Staff Guidelines for Faculty and Staff (con’t)(con’t)

DO NOTDO NOT share student education record information, including grades or grade point averages, with parents or others outside the College, including in letters of recommendation, without prior written permission from the student.

Guidelines for Faculty and Staff Guidelines for Faculty and Staff (con’t)(con’t)

When in doubt, don’t give any When in doubt, don’t give any information out.information out.

Instead, refer the caller/situation to:

The Director of Records

For Further InformationFor Further Information

Institutional FERPA Policy Office of the Director of Records

FERPA web site: http://www.ucollege.edu/Academic Services/Records Office

Send FERPA questions to:

osberg@ucollege.edu