TUS POLICY REGARDING CONFIDENTIALITY OF STUDENT RECORDS

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TUS POLICY REGARDING CONFIDENTIALITY OF STUDENT
RECORDS

• Susan B. Smith, Esq.
• Assoc. University Counsel
• May 18, 2004

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AGENDA

• Discuss FERPA and TU policy
• What is FERPA
• How FERPA works
• TUs obligations
• General discussion

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F E R P A

• Family Educational Rights and Privacy Act
• 1974
• Buckley Amendment
• Located at
• 20 U.S.C. 1232g
• 34 CFR part 99 . . .
• http//policies.temple.edu/ferpa

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FERPAS OBJECTIVES

• Student access and
• Confidentiality re third parties.

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RECORDS EXCLUDED FROM FERPA

• Personal records
• Law enforcement records
• Personnel records of employee-student
• Medical / mental health treatment records and
• Info. about student after
• s/he is no longer a student.

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FIRST OBJECTIVE PROVIDE ACCESS TO STUDENTS

• RULE Students have a right to review education
  records containing info. about them.
• Exceptions
• education records re another student
• evaluations to which student waived access and
• financial records of students' parents.

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WHO IS A STUDENT?

• Eligible students
• Active attendance
• Alumni / alumnae and
• Deceased present or former students.

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PROCEDURE FOR STUDENT REVIEW

• Access within reasonable period.
• 45 days.
• Explain / interpret records.
• Work w/student to make sure right to review is
  effective.

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RIGHT TO HAVE INFO. AMENDED

• Inaccurate,
• Misleading, or
• Would violate their privacy or other rights.
• If TU does not agree to correct record, student
  has right to a hearing.

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PROCEDURE FOR AMENDING EDUCATION RECORDS

• Request by student.
• Response by college w/in reasonable time.
• Notification of hearing rights.

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SECOND OBJECTIVE PROTECTING DISCLOSURE TO
OTHERS

• Directory information v. education records
• RULE 1 May release directory info. w/o
  students consent
• Stu. may opt out
• RULE 2 Must have students written consent to
  release info. from education record.
• One-time waiver
• FERPA policy, Appx. D

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DIRECTORY INFO. AT TEMPLE

• Name
• Street address
• Email address
• Enrollment status (ft/pt)
• Dates of attendance
• Degree received
• Awards (e.g., Deans List)
• Major field of study
• Partic. in officially recogd
• activities sports
• Weight/height of athletes.

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EXCEPTIONS TO GENERAL RULE 2

• Student consent not required for release to
• One authorized by student
• Univ. officials w/ a legit. educl. interest
• Other insts. in which student seeks to enroll
• Officials evaluating educl programs
• Those processing financial aid applications
• Agencies studying predictive tests
• Accrediting organizations
• Parents of a tax dependent student
• Those necessary in a health/safety emergency
• Those who have subpoenaed information
• Court, when College sued student
• Alleged victim of violent crime and
• Certain others for disciplinary violations.

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EXCEPTIONS TO GENERAL RULE -- DISCIPLINARY
RECORDS

• May release disciplinary info. to
• alleged victim of crime of violence, or
• officials w/legit. interest in disciplinary
  history
• May release disciplinary info. about student who
• committed violent crime, or
• committed nonforcible sex offense under UDC.
• May disclose info. about violation of law or
  Univ. rule re use / possession of alcohol or
  controlled substance.
• UDC / Student Affairs

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ANOTHER EXCEPTION USA PATRIOT ACT

• Terrorist investigation
• Ex parte court order
• No notification required
• No record-keeping required
• health/safety exception?
• I-20 consent to deter. non-immigrant status

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RECORDING RELEASE OF PROTECTED INFORMATION

• Must keep records containing
• Who requested/received info
• To whom info will be redisclosed
• Legit. interest of third party.
• Exceptions
• student himself or herself
• school official with legit. educl interest
• party with written consent from student
• party seeking directory info.
• per a subpoena if court orders non-disclosure.

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NOTIFICATION OBLIGATIONS

• TU must notify students of FERPA rights.
• Notice must be
• effective
• at least annual and
• by means likely to reach students.

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HIGHLIGHTS

• Directory v. education records
• Granting students access to their info.
• Safeguarding against unconsented disclosures to
  third parties
• Exercise of rights must be effective
• Annual notice
• TU confidentiality policy on web
• Office of University Counsel
• Student Affairs