FERPA Family Educational Rights and Privacy Act

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FERPAFamily Educational Rights and Privacy Act

• Presented by
• Bridget Blanshan
• Interim AVP for Student Affairs
• Dean of Students
• Ext. 4935

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FERPA Defined

• FERPA is a Federal Law that applies to all
  educational agencies and institutions that
  receive Department of Education funds
• FERPA delineates rights and responsibilities to
  students and universities regarding student
  records

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FERPA Student Rights

• Students have the right to access their
  educational records
• Students have the right to request their records
  be amended
• Students have the right to some control over the
  disclosure of their records to third parties

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Transition Time!

• Rights assigned to parents in K-12 education
  transition to the student once the student
  enrolls in higher education

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Pop Quiz

• Question 1What about college students who arent
  18 yet?
• Question 2
• Who holds the rights delineated by FERPA when a
  high school student is also enrolled in a
  community college?

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Little Words Mean a LOT

• When reviewing FERPA, or any law, pay close
  attention to the little words like
• Shall
• Must
• May

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FERPA Vocabulary Words

• Student
• Any student enrolled in an institution of higher
  education
• Parent
• Legally recognized parents and guardians or
  someone authorized to act in place of a parent

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FERPA Vocabulary Words

• Educational Record
• Any record (handwriting, print, tapes, film or
  other medium) maintained by a CSUSM staff member
  or agent of the university which is directly
  related to a student.
• Campus policy recognizes 4 types of exceptions

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FERPA Vocabulary Words

• CSUSM Student Records Custodians
• Record Custodian
• Academic Record Director, Registration Records
• Discipline Record Dean of Students Office
• Financial Aid Director, Financial Aid
  Scholarships
• Placement Director, Career Center
• Student Payroll Director, Human Resources
• Public Safety Chief of Police
• Not listed? Contact the Director, R R

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FERPA Vocabulary Words

• Legitimate educational interest
• Conditions when faculty or staff members have a
  legal right to know the contents of a students
  record
• Conditions relate to student education,
  discipline and necessary student service OR
  health and safety issues

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FERPA Student Rights

• Student Right 1
• The right to access their educational records
• We must
• Provide a student with an opportunity to inspect
  and review his or her education records within 45
  days of receipt of a written request
• Provide a student copies if they are unable to
  come to campus due to health issues or extended
  distances
• Remove names of other students from information
  included in the students record

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FERPA Student Rights

• Student Right 2
• The right to seek to have records amended
• We must
• Consider a request from a student to amend
  information in his or her records
• Hold a hearing on the matter if the informal
  request is not granted
• If the hearing does not find for the student,
  offer the student the opportunity to place a
  statement to be kept in the record (and disclosed
  if that portion of the record is released)

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FERPA Student Rights

• Student Right 3
• The right to have some control over the
  disclosure of personally identifiable information
  from their educational record.
• We must
• Have a students request prior to disclosing
  their record (except to university personnel with
  a legitimate educational interest)
• Ensure the students consent is signed and dated
  and includes the purpose of disclosure.
• Annually notify students (collectively) of their
  rights (1-4 here)
• Record certain requests for records disclosure
• Include a students right to direct us not to
  release directory information otherwise it is
  OK for public dissemination

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FERPA Student Rights

• Student Right 3
• We MAY (per policy), but (in practice) likely
  WILL disclose education records without consent
  when
• The student is seeking to enroll in another
  school
• It is related to financial aid
• To certain authorized government authorities
• To organizations conducting studies on behalf of
  the campus or to accrediting agencies
• Disclosure is related to a court order or
  subpoena AND the campus has made an attempt to
  notify the student
• To appropriate parties in the event of a health
  and safety emergency
• To a parent when the parent shows proof of the
  students dependent status (per IRS) this is
  not related to custodial parent status

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FERPA Student Rights

• Student Right 3
• We WILL disclose education records without
  consent when
• One of US has a legitimate educational interest
• A student has been found responsible for a
  specific type of violent crime the outcome of
  campus discipline proceedings will be shared with
  the victim
• Information is considered directory information
  AND the student has not exercised the right to
  restrict it

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FERPA Student Rights

• Student Right 4
• The right to make a complaint to
• The Family Policy Compliance Office
• US Department of Education
• 400 Maryland Avenue, SW
• Washington, DC, 20202-5920

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Directory Information

• Directory information at CSUSM
• Considered public unless a student indicates
  otherwise
• Student name
• CSUSM email
• Major field of study
• Dates of attendance
• F/T or P/T status
• Degrees, awards and honors received
• Dates degrees conferred
• Additional information is considered Directory
  Information for Unit 11

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FERPA A Word to the Wise

• Use caution with electronic records and
  communication
• Discuss FERPA with colleagues to ensure internal
  consistency
• ASK! If youre ever in doubt or concerned about
  something

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Resources

• CSUSM Policy Procedures
• Family Educational Rights and Privacy Act
• US Department of Education http//www.ed.gov/poli
  cy/gen/guid/fpco/index.html

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FERPA

• TEST