Family Educational Rights and Privacy Act (FERPA)

Prior to the 1974 FERPA included other items in the definition of "educational records" since then four categories have been excluded from the list of defining items

The Four categories of records that were excluded: 1) records in the sole possession of instructional, supervisory, and administrative personnel; 2) 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 2 to persons other than law enforcement officials of the same jurisdiction, provided that personnel of a law enforcement unit do not have access to "education records"; 3) records of employees who are not also in attendance; and 4) physician, psychiatrist, or psychologist treatment records for eligible students.

The following is a list of items FERPA does not consider educational records; therefore are not subject to a student's request for review:

• Law-enforcement records • Records maintained exclusively for individuals in their capacity as employees. Records of those who are employed as a result of their status as students (e.g., work-study, student workers, etc.), however, are considered educational records. • Medical treatment records • Alumni records • Sole source notes (notes created and maintained by you, meant for your personal use exclusively) • Doctor-patient privileged records

To whom can the University disclose without written consent?

• Personnel within the University/institution that have a legitimate educational interest. • School officials at other institutions where the student is seeking to enroll. • Personnel or organizations determining financial aid decisions or providing financial aid to the student. • Parents of students where the student status is determined as a dependent under IRS code of 1986, section 152. • Accrediting organizations in the performance of their accrediting duties. • Persons in compliance with a judicial order or lawfully issued subpoena. The institution shall first make reasonable attempt to notify the student, unless the subpoena is issued from a federal grand jury, or issued for a law-enforcement purpose, and orders the University not to notify the student. • Persons in an emergency, if the knowledge or information is necessary to protect the health or safety of the student or person. • This is not a comprehensive list

Define Educational Records as it pertains to the 1974 FERPA amendment,

"those records, files, documents, and other materials which contain information directly related to a student; and are maintained by an educational agency or institution or by a person acting for such agency or institution."

Right to Consent to the Disclosure of Education Records

As originally enacted, covered institutions could not have a policy of permitting the release of personally identifiable records or files or personal information contained therein)or a policy or practice of furnishing, in any form, any personally identifiable information contained in personal school records unless there is written consent from parents specifying records to be released, reasons for release, and parties to whom records may be released.

How does FERPA define "Educational Record?

Educational records include, but are not limited to: • Grades/GPA • Student's Class Schedule • Test Scores • Academic Standing • Academic Transcripts

A student's FERPA rights to inspect, amend, or prevent distribution of their records begin at the age of 18. True or False

False, their rights begin as soon as they begin taking classes/enrolled at an institution of higher education/secondary education

Under FERPA, Faculty members can discuss the progress, status or grade of any student with anyone (including parents) without the written and signed consent of the student True or False?

False- A student's academic standing or grades is information contained within the student's "Educational record" and is protected by FERPA. Examples of educational records Grades/GPA, Student's Class Schedule, Test Scores, Academic Standing, Academic Transcripts

A student who has requested non-disclosure of all directory information makes the Dean's List and her name appears on the UCF website. Since this is an academic honor, there has been no FERPA violation. True or False

False- releasing the student's information on the Dean's list is a FERPA violation because the student requested a Non-disclosure of directory information. Directory information is data or information,in which its disclosure is generally not considered to be harmful or an invasion of privacy. Examples of Directory Information include: Name Mailing Address Phone Number Date of Birth Major Dates of Attendance Enrollment Status (Full/Part-time) Degrees/Honors/Awards Received Participation in officially-recognized activities and sports Athletes' Weight/Height FERPA does allow students to "hold" the release of Directory information; students can contact the necessary department within their institution for more information

Directory information

Information which may be released without prior consent, FERPA requires that student's be notified annually of the types of information included in this category & be given an appropriate period in which to express in writing the preference for such information not to be released.

How did the 1990 Campus Security Act impact the rule of prior written consent?

Post-secondary institutions may disclose to an alleged victim of any crime of violence (as defined in U.S. Code Title 18, § 16) the results of any disciplinary proceeding conducted by the institution against the alleged perpetrator of the crime, regardless of the outcome of the proceeding. Congress amended this provision in the Higher Education Amendments of 1998 by including "non-forcible sex offenses" and clarifying that only "final results" may be disclosed (i.e., name of student perpetrator, violation committed, and sanction imposed. Written consent is still required to disclose the name of any other student).

How did the 2000 Campus Sex Crimes Prevention Act impact FERPA?

The statute is intended to ensure that an educational institution may disclose information concerning registered sex offenders provided to it under State sex offender registration and community notification programs.

Florida state law gives the student the right to inspect and review their educational record within 45 days, True or false?

True Florida state law gives the student the right to inspect and review their educational record within 45 days.

Students can request that their directory information not be disclosed, and according to FERPA, the university must comply? True or False

True students can request that their directory information not be disclosed, and according to FERPA, the university must comply

FERPA stands for the "Family Educational Rights and Privacy Act"- True or False?

True- FERPA is the acronym for Family Educational Rights and Privacy Act.

10) To release educational records (non-directory information), the student must submit a Written Consent True or False?

True- The student must submit a written and signed consent listing: the specific record(s) to be released, the purpose of the disclosure,identify to whom it is to be released.

University Personnel/College faculty/Staff with Legitimate Educational Interest may access a student's Educational Records without the student's prior written consent True or False?

True- University Personnel/College faculty/Staff with legitimate educational interest may access a student's educational record(s) without the student's prior written consent.

Non-directory information can be released if it is needed to resolve an emergency situation True or False?

True-Non-directory information can be released if it is needed to resolve an emergency situation.

FERPA, Minor Students & Parents?

FERPA rights to privacy transfer to the student at age 18 or once he or she attends a post-secondary institution, regardless of age. Parents (including legal guardians) may obtain educational record information, at the discretion of the University, if they can provide the Registrar's Office with copies of tax return documents establishing the student as a financial dependent or by obtaining the student's written and signed consent. FERPA has given colleges/universities the option to notify parents/guardians about specific types of information from a student's judicial record

Educational records consist of GPA, class schedule, Academic Standing and grades True or False ?

rue- Educational records include, but are not limited to: Grades/GPA, Student's Class Schedule, Test Scores, Academic Standing, Academic Transcripts

Directory information is defined to include?

the student's name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student.

A student's "Educational record" cannot be shared with Parents of students where the student status is determined as a dependent under IRS code of 1986, section 152 without written consent true or false?

False To whom can the University disclose without written consent? Personnel within the University that have a legitimate educational interest. School officials at other institutions where the student is seeking to enroll. Personnel or organizations determining financial aid decisions or providing financial aid to the student. Parents of students where the student status is determined as a dependent under IRS code of 1986, section 152. Accrediting organizations in the performance of their accrediting duties. Persons in compliance with a judicial order or lawfully issued subpoena. The institution shall first make reasonable attempt to notify the student, unless the subpoena is issued from a federal grand jury, or issued for a law-enforcement purpose, and orders the University not to notify the student. Persons in an emergency, if the knowledge or information is necessary to protect the health or safety of the student or person. This is not a comprehensive list

A student's "Educational record" cannot be shared with Personnel or organizations determining financial aid decisions or providing financial aid to the student without written consent true or false?

False -FERPA allows for the disclosure of the following without written consent? Personnel within the University that have a legitimate educational interest. School officials at other institutions where the student is seeking to enroll. Personnel or organizations determining financial aid decisions or providing financial aid to the student. Parents of students where the student status is determined as a dependent under IRS code of 1986, section 152. Accrediting organizations in the performance of their accrediting duties. Persons in compliance with a judicial order or lawfully issued subpoena. The institution shall first make reasonable attempt to notify the student, unless the subpoena is issued from a federal grand jury, or issued for a law-enforcement purpose, and orders the University not to notify the student. Persons in an emergency, if the knowledge or information is necessary to protect the health or safety of the student or person. This is not a comprehensive list

The following is considered directory information: Gender, Email, mailing address and Race True or False?

False- Gender, email, and race are classified as personally identifiable information. Mailing address is considered directory information.

Faculty and staff may not provide grades or other personally identifiable information over the phone. True or False?

True: Faculty and staff may not provide grades or other personally identifiable information over the phone