FERPA for faculty staff powerpoint

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					What is FERPA?
 Family Education Rights and Privacy Act of
   1974
 • Also known as Buckley Amendment.
 • Applies to all schools that receive funds
   from the Secretary of Education.
 • Protects privacy of students educational
   records and allows students to access their
   records.
Essence of FERPA:
• College students have right to:
  – Review their own records
  – Seek correction of erroneous records
  – Block disclosure of any or all directory
    information
            » Directory information- information
              whose release is generally not
              considered a violation of privacy
Essence of FERPA (cont.):
 • Colleges must not disclose personally
   identifiable educational records unless:
    – Student provides written consent
    OR
    – Records are directory information
      (unless blocked)
    OR
    – Person making request is exempt from
      written consent requirement
Why worry about FERPA?

 •   Lawsuits
 •   Loss of Federal funding
 •   Dismissal
 •   The right thing to do!
What is an educational records?
  • Any student information maintained by
    the University.
     – Examples
        • Grades
        • Enrollment records
        • Class schedules
        • Printed class lists
        • Test papers
  • Can exist in any form-handwritten note,
    computer file, or print.
Faculty guidelines regarding educational
records:
 • Educational records are confidential-except
   directory information. Do not release them
   without written student consent.
 • Refer all requests from off campus to Registrar-
   including request for directory information.
 • Protect all educational records in your possession.
 • Don’t keep any records you don’t need.
Official UWSP list of Directory Information:
     • Name
     • Home address
     • Home telephone number
     • Local address (Student should keep current address
        on file in the Registration and Records Office.)
     • Local telephone number
     • E-mail address
     • Place of birth
     • Major/minor field of study, and college
     • Participation in officially recognized university
        activities and sports
    Official UWSP list of Directory
             Information: (cont.)
• Weight and height of members of athletics teams
• Registration: (including beginning, ending,
  registration and withdrawal dates; credits carried in a
  term; current classification; and graduation dates)
• Degrees and awards received (type of degree and date
  granted)
• The most recent previous educational agency or
  institution attended
• Name of parents or guardian
• High school from which you graduated
Choosing not to release directory
information:
 • Directory information is usually released
   without student consent.
 • Exceptions:
    – Students can block disclosure of some or all
      directory information.
    – University may refuse disclosure, however WI
      open records law determines our release.
Releasing directory information off-
campus:
     • External requests are handled through Registrar.
     • University must maintain record of:
        – Names and address of requestors
        – Indicated interest
        – The date of disclosure
        – Person to whom records are released
Faculty and staff guidelines regarding
directory information:
 • Make sure it’s directory information-
   check official UWSP list.
 • Make sure student has not restricted their
   release.
 • Class lists identify students who have
   restrictions.
 • Refer off-campus request to Registration
   and Records        (regrec@uwsp.edu).
Stop and Think:
 • Is it permissible for
   instructors to post
   grades outside the
   office door using only
   the last four digits of
   the students’ Social
   Security number as
   identifiers?
Answer: No.
 • Grades linked to students by any part
   of Social Security numbers,
   University ID numbers, names, or
   any other identifying information
   must not be released or posted.
Stop and Think:
 • An instructor would like his
   class to see a listing of all the
   scores on a test. The list
   contains no names or other
   identifying information. Does
   the instructor need written
   consent from the students to
   display this information?
Answer: No.

 • A list of scores that cannot in any
   way be linked with individual
   students does not require written
   consent.
Stop and Think:
• A student named Stevie Pointer
  was ill the day the instructor
  handed out the graded quiz.
  Stevie emails his instructor asking
  for his score. The return address
  is Stevie.Pointer@hotmail.com

   •Can this instructor safely hit REPLY
   and respond with a grade?
Answer: No.
 • The instructor cannot be sure the private
   information is being mailed to the right
   person. Regardless how unique the name,
   instructors should direct email with
   protected information only to the students’
   official UWSP email address.
 • For example:
    – stevie.pointer@uwsp.edu
Stop and Think:
  • Is it lawful for an
    instructor to pass
    around an
    attendance roster
    that includes
    University ID
    numbers?
Answer: No.
 • A University ID number is not directory
   information. Neither is a class list.
   Releasing either requires written consent
   from the student.
Stop and Think:
  • A local newspaper
    requests a list of students
    who are participation in a
    study abroad program in
    the Middle East. Is the
    University required to
    disclose the names of all
    participants?
Answer: No.

  • Although participation in a study
    abroad program could be directory
    information, the location of the
    program and the list of student
    participants is not. Requests like this
    should be referred to Registration
    and Records.
What form must a student consent
take?
 • Must be written or typed (preferably
   on form provided by Registration
   and Records)
 • Example: Letter of
   Recommendation release
Who does not require a written
student consent?
 • University of Wisconsin Stevens Point
   officials who have “legitimate educational
   need”:
    – Demonstrated need to know by school officials acting
      in student’s educational interest.


 • Curiosity is not a legitimate educational
   need.
Records school officials may not access:
 • Educational need to know is not justification for
   inspecting:
    – Personal notes of faculty and staff
    – Employment records in jobs not obtained as
      result of student status
    – Medical and counseling records used solely for
      treatment
    – Records in the Department of Public Safety
    – Financial records of parent or spouse
Who are school officials?
•   Faculty
•   Administrators
•   Researchers
•   Clerical and professional employees who manage student
    records
•   Support units, staff-security officers, health care providers,
    clergy
•   Members of Board of Trustees
•   Students serving on official University committees or assisting
    qualified officials
•   Consultants and Volunteers working on behalf of the
    University
Stop and Think

 • Do faculty have
   unlimited access to
   educational
   records without
   student consent?
Answer: No.
 • Faculty many access records without
   written consent only if they are
   acting in a student’s educational
   interest and have a demonstrated
   need to know.
Stop and Think:
 • A female colleague
   had one of your
   students in class last
   semester and wonders
   how the student is
   doing this term. Is it
   lawful to share the
   student’s grades with
   her?
Answer: No.
 • The colleague does not need this
   information to carry out her
   educational responsibilities.
   Curiosity is not a legitimate need.
The University may disclose records
without written consent to:
 • School officials with legitimate educational need
   to know
 • Students requesting to view their own records
 • Persons in an emergency, if the information is
   necessary to protect health or safety
    – Refer all requests to Student Affairs, Protective Services,
      or Registration and Records
 • Persons complying with judicial order or subpoena
    – Refer all requests to Registration and Records
The University may disclose records
without written consent to:
 • Persons under contract with University
   (attorneys, auditors, collection agents)
 • Persons or organizations providing financial aid
   or involved in related duties or decisions
 • Organizations conducting studies to develop,
   validate, and administer predictive tests or
   improve instruction
 • Accrediting organization carrying out accrediting
   functions
The University may disclose records
without written consent to:
   • Authorized representatives of government
     agencies for audit, evaluation, and enforcement of
     programs:
      –   U.S. Comptroller General
      –   Department of Education
      –   Attorney General (law enforcement only)
      –   State educational institutions
   • School officials of other institutions in which
     student seeks enrollment:
      – Inform students of disclosure
The University may disclose records
without written consent to:
 • Court officials, if student has initiated legal action against
   school or vice versa
 • Alleged victims of violent crimes requesting results of
   school disciplinary proceedings regarding perpetrators.
 • Public requesting findings of campus disciplinary body.
 • Veterans Administration officials requesting information
   related to VA programs
 • Representatives of Immigration and Naturalization Service
   requesting information related to SEVIS.
Stop and Think:
 • American College Testing
   (ACT) is conducting a study
   on the advantages and
   disadvantages of selective
   admission.
 • Is the University required to
   obtain written student
   consent before disclosing
   these educational records?
Answer: No.
 • The University does not need to obtain written
   student consent when groups requesting records
   are working to further the educational process by:
    –   Conducting effectiveness studies
    –   Approving accreditation
    –   Developing predictive tests
    –   Providing or making decisions about financial aid
    –   Auditing, evaluating, and enforcing governmental
        programs
Stop and Think:
 • A police officer phones
   and asks you to send him
   a class list to aid him in
   carrying out his
   investigation of one of
   your students. Is it lawful
   to comply with his
   request?
Answer: No.
 • A class list is not directory information. It
   cannot be released unless the police officer
   has a subpoena. In that case, the request
   should be handled through Registration and
   Records.
 Reminder: Refer all non-UWSP requests for student
   information, including directory information, to
   Registration and Records.
Stop and Think:
 • A student asked her
   instructor to write a letter of
   recommendation. She gave
   the instructor a copy of her
   resume, with included her
   GPA.
 • May the faculty member
   include her GPA in the letter
   without the student’s written
   consent?
Answer: No.
 • The student’s grades and GPA are not directly
   information. The instructor must not release this
   information unless:
    – The student provides written consent
    OR
    – The request is made by a UWSP official or other
      authorized person with legitimate educational need
    Reminder: Be sure to check with Registration
      and Records before releasing records to
      anyone off campus.
Stop and Think:
 • Do student representatives
   on official University
   committees (e.g., honors,
   curriculum) have the right to
   see other students’
   educational records during
   deliberations of that
   committee?
Answer: Yes.

 • Students on official University
   committees are University officials
   with a legitimate educational need to
   know.
Stop and Think:
 • What about students who
   are hired by the
   University for work in
   department offices?
 • Can these students view
   other student records?


             Show this Slide to Dan
Answer: Yes.
 • Student employees assisting
   University officials with legitimate
   educational needs can view records.
 • These students must first sign a
   confidentiality statement.
Stop and Think:
 • Which one of the following student
   records can a faculty member inspect
   based on legitimate educational need?
    A. Student University ID numbers
    B. Medical and counseling records
       used for solely for treatment
    C. Financial records of student’s
       parents or spouse
    D. Records in Dept. of Public Safety
Answer: A
 • Faculty may have a legitimate educational need
   to view student University ID number. For
   example, University ID’s may be used as
   identifiers on tests scored by Exam Services.

 • The other choices (medical, financial, and
   University security information) may not be
   educational records.
Our FERPA obligation to Students:
 • Must provide annual notification of FERPA
   rights, including definitions of key terms:
    –   Educational record
    –   School official
    –   Legitimate educational interest
    –   Directory information
 • Must provide annual opportunity to refuse
   disclosure of directory information.
    – Students must have reasonable time to submit request.
    – Request must be in writing.
What about parental rights?
 • Parental FERPA rights transfer to the
   student when the child:
    – Turns 18
    OR
    – Enrolls in a post-secondary institution as a
      degree-seeking student
Parental rights ( cont.):
  • According to FERPA, college students are considered
    responsible adults and are allowed to determine who will
    receive information about them.
  • We at UWSP believe that this communication between parent
    and student will foster long term growth in relationships.
  • The quickest, easiest way for parents to receive student
    information such as grades, schedules, financial statements, is
    for the student to provide this to their parents. Students can
    look information up online and e-mail a copy to their parents.
    Student records are available through their myPoint account.
Stop and Think:

 • Do students have
   the right to inspect
   their educational
   records?
Answer: Yes.

 • Students have the right to review
   their own records
Technology uses impacting FERPA:
   •   Faculty/student email
   •   Posting grades
   •   Distance learning
   •   E-signatures
   •   PINs
   •   E-mail transcript requests
   •   Tracking/logging
   •   Annual notification of FERPA rights via
       web
Summing up:
 • IF information
    – Is maintained by University and
    – Can be linked to individual student, and
    – Is not directory information
 • THEN it must not be released unless:
    – Student provides written consent or
    – Person making request is a UWSP official with a
      legitimate educational need to know
    – Person making request is authorized non-University
      official (e.g., working to monitor or improve educational
      process.)
Summing up (cont.):
 • External requests for student records-
   including directory information-should be
   referred to Registration and Records.
 • Certain records are not educational in
   nature-must not be released.
Summing up (cont.):
 • Students rights:
    – To review their own educational records
    – To refuse disclosure of directory information
      to non-UWSP officials
    – To receive annual notification of their FERPA
      rights
Remember…
• When in doubt, don’t give it out.
  Call Registration and Records.

				
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