ferpa the family educational rights and privacy act

FERPA

The Family Educational Rights and Privacy Act

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proprietary and confidential information ▪ all rights reserved

FERPA And Students FERPA gives students the right to privacy of their educational records. FERPA gives students the right to inspect and review their education records. FERPA gives students the right to seek amendments to their educational

record. FERPA gives students the right to control the disclosure of information

contained in their educational records.

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Topics To Be Covered Educational Records Directory Information Non-directory Information Responsibilities of all Employees

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Educational Records Academic records which contain information from which a student can be

individually identified Academic records maintained by TCS personnel Academic records maintained by an agency acting on behalf of TCS Academic records in any medium (computer files, email, documents)

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Educational Records

Database Records Academic Files Transcripts Training Records Advisement File if shared with others Admission Files of Matriculated students Committee Files on Individual Students Any part of a larger document that identifies an individual student

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Educational Records ARE NOT

Records created and maintained by one person, kept in sole possession of that one person, and not accessible to others Includes “sole possession” records created by

instructional, supervisory, and administrative personnel

Therefore, if you share documented information with another employee, it becomes an educational record

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Educational Records And All Employees

Every employee has access to educational records. Every employee has the responsibility to protect the privacy of

educational records. Every employee may one day be placed in a “disclose or not-to-disclose”

situation. TCS must comply with FERPA, therefore all of its employees must

comply. Employees cannot comply if they do not know the rules of FERPA.

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Directory Information Certain information within the educational record can be made public

automatically. This information is called directory information.

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Directory Information Name Date and Place of Birth Address (includes e-mail) Phone Number Dates of Attendance Program of Study Degree Completion Date Degree Earned

Student Enrollment Status Previous Institutions Attended and

Degree Earned. Participation in Official TCS

Activities and Organizations. Class Schedule Class Roster Photographs

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Directory Information

You can give a caller directory information. You can send a letter that includes directory information. You can give any coworker directory information.

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Directory Information And Exceptions TCS directory information may be disclosed however the student has the right to

request that information not be made public. The Office of Student Services maintains a list of students who have requested

that their directory information not be released.

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Non-Directory Information Certain information within the educational record may not be made public. This information is called non-directory information.

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Non-Directory Information Social Security Number Grade Point Average Race/Ethnicity Gender Employment Information Academic Probation Status Academic Dismissal Status Other Disciplinary Issues Admission Information such as test

scores and entering grade point averages

Anything else not listed as directory information.

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Non-Directory Information And Grades Posting grades by name, social security number, student id number, or in

alphabetical order is in violation of FERPA. Posting grades by any method that may individually identify a student is in

violation of FERPA. TCS personnel should never publicly post grades in any fashion.

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Non-Directory Information And School Officials Non-directory information may be released to school officials with legitimate

educational interest provided he/she needs to review the record in order to fulfill his or her professional responsibilities.

School officials can be: administrators; supervisors; instructors; support staff; person serving on the board; person or company with whom the institution has contracted to perform a special task; or a student serving on an official committee or assisting another school official in performing his/her tasks.

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Non-Directory Information And Parents

FERPA regulations protect adult students and prevent us from releasing

non-directory information to parents without the student’s written consent.

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Non-Directory Information May Be ReleasedWritten releases from a student will allow TCS to release non-directory information. Release must be: signed, dated, specify the information to be released, the

reason the information will be released, and contact information about the party to whom disclosure should be made.

Facilitation of release is handled through the Office of Student Services. Email or faxed requests for release are not acceptable because we cannot

confirm sender and the student cannot sign email. A record of the release is retained in the student’s academic file.

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Non-Directory Information May Be Released

When writing letters of recommendation, remember the following: Statements made by a recommender which contain personally

identifiable information from the student’s education record DO require a written release.

Statements made by a recommender which are made from personal observation or knowledge DO NOT need a written release.

In the case of emergencies or judicial orders/subpoenas, know that: TCS must make a reasonable effort to notify the student in advance

that information will be disclosed. A record of the disclosure is maintained by the Student Services

Office.

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If you remember anything about FERPA,remember the following!

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RULE OF THUMB: ONEFERPA decides what information from the educational record TCS is permitted to disclose, not what TCS is required to disclose. You don’t have to disclose information simply because someone

requests it. You don’t have to disclose information immediately.

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RULE OF THUMB: TWOThe Office of Student Services will place an alert in CampusVue if students don’t

want directory information disclosed. At the moment no one has asked that information be withheld.

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RULE OF THUMB: THREEJust because someone works for TCS, it doesn’t mean he or she automatically has access to educational records. Remember, the school official must have a legitimate educational

interest Legitimate educational interest means the review of the record is

necessary to fulfill professional responsibilities. If you maintain educational records in your office, it is your responsibility

to ensure compliance.

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RULE OF THUMB: FOURAlways protect the privacy rights of students. No educational records sitting unattended on top of your desk No educational records left in photocopy machine No educational records in plain view on the fax machine No educational records shared with a coworker who doesn’t have a

legitimate educational interest No disclosure unless you know it is permissible No emails, lists or notes with social security numbers

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RULE OF THUMB: FIVE

Consult the Director of Student Services

if you have questions.

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Congratulations!

You have completed the FERPA Orientation.

Thank you for your time!

ferpa the family educational rights and privacy act

Documents

confidential information

disclosure of information

documented information

privacy of educational

caller directory information

coworker directory information

education records

educational record slide