“Right Track
Wrong Train”
by Cyndi Lauper
Don’t Get Derailed
Overview
 What
is FERPA?
 What is Legitimate Educational Interest?
 Why is it important for me?
 Case Studies
 Questions
What is FERPA?
 Family
Educational Rights and Privacy Act
of 1974 as amended
 Also known as the Buckley amendment
Legislation was enacted because Congress
was concerned about the amassing of data
that the subjects could not contest
Protections and Rights Under
FERPA
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Prohibits release of non-directory information
to a third party without written consent
 Student Rights
Allows student to inspect education record
Allows student to request an amendment to
education record to correct information
Gives student the right to file a complaint with
the US Department of Education
(Students do not have a right to an
expectation of anonymity in the classroom)
When Does the
Clock Start and
Stop Ticking???
When a student is admitted
and registers – first day of the
first term
Stops when a student leaves
but you cannot disclose
information from when they
were a student – so alumni
records are not protected by
FERPA
What is Directory Information?

Information contained in an education record
that would not generally be considered
harmful if disclosed
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Name
Address
Email
Major
Enrollment
Honors
Photo if that is listed in your policy
What is NOT Directory
Information?
Social Security Number or Student
ID
Class schedule
Grades
Transcripts
Financial Aid information
Legitimate Educational Interest
What is it?

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Access to
information to do
your job
Limited only to those
students over which
you have DIRECT
responsibility
What it is NOT

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Do not have access
to satisfy curiosity
Should not be
accessing your own
information, that of
your spouse or
children (or other
family members)
What is an Educational
Record?
 An
educational record - maintained by
an educational agency or institution or by
a party acting for the education agency
or institution
 So, it is not just us. New regulation
requires a written agreement with the
“authority acting on your behalf” and
reasonable assurance that they follow
FERPA
What Might It Include?
 Including
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but not limited to:
Grades
Financial aid information
Transcript information
Bills/charges
Advising notes
Examples of Educational Records
in the Financial Aid Office
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Eligibility
Account
Work Study Payroll*
Applications
ISIR
PJ Documentation
Loan Certification
Entrance/Exit
Counseling
 History
used for
Transfer Students
 Cost of Attendance
including
Adjustments
 SAP
 Verification
Documents
What is NOT an Education
Record?

Sole possession
notes

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Personal memory
joggers
Cannot include
something that is
protected as an
educational record
Not accessible or
revealed to any
other person
 Law
enforcement
records
 Employment
records
 Physician records –
treatment records
 Counseling records
Re-disclosure
The big issue is disclosure (really re-disclosure) of
Personally Identifiable Information (PII) – both direct
or indirect (examples – SSN or rank in class)
Remember – re-disclosure must be logged
Parent’s Are Confused
(such a nice way to put it)
Elementary/Secondary

A parent has the
right under FERPA to
their child’s
educational records
and to provide
written consent for
release of PII until the
child is 18
College/University
 When
a student
enters a college or
university at any
age, they own the
record and
consent privileges
become theirs
Always an Exception
Outside Agencies
Dependent Students
 You
can release
information to
parents, if your
school allows –
Must be tax return
dependent – you
do not have to
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Agencies doing
educational
research
3rd party vendors need to have an
agreement
Some subpoena
requests*
More Exceptions
On Your Campus
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Can share with those who
have an educational need
to know – be careful
(Alumni Office)
Must share with the student
(redact before you do) but
you do not have to provide
copies
Make sure scholarship
awards are part of your
directory information
Off Campus
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Share when a
student provides
written consent
Alleged victim of a
crime
Parent of a student
under 21 – if
drugs/alcohol laws
are violated
More Legitimate Re-Disclosure
Off Campus
 U.S.
Comptroller
General
 U.S. Attorney
General
 U.S. Department of
Education
Still More…
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Accrediting
Agencies
State and Local
Officials
In Cases of Health or
Safety Threats
Patriot Act has 16
FERPA exceptions
Do You Ever Get a Visit From
the FBI or the Military?
A badge or rank does not necessarily give the
requester access. Look carefully at paperwork from
law enforcement before you disclose.
Solomon Act does not apply to Financial Aid Records.
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Do not share tax
information in
cases of divorce
or separation
Freedom of
Information Act
Does Not Apply
Alumni Office
does not get
FAFSA information
Careful which oncampus offices
have access to
financial aid
records (must
agree not to redisclose)
Risky ReDisclosure
No Educational Need to Know
What Constitutes Consent From
A Student?
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It’s easier if you develop a consent form that is
used by your institution for non-directory items
To be valid it must contain 5 elements
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What information is to be disclosed
To whom it will be disclosed
For what purpose will the information be used
It must be signed
It must be dated
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(It is revocable)
Best Practices – Caution Here is
That You Do not Give the
Appearance of Violating FERPA
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Develop a way to
identify parents
when student has
signed a FERPA
waiver –
authentication
questions can help
Develop a policy –
and educate staff
about the policy
Have staff sign
privacy statements
 Practice
clear desk
and screen
 Get written consent
before writing a
recommendation
 Not all verification
forms contain a
consent statement
– be sure to check
It Never Ends and Can Be
Overlapping – Other Regulations
That Might Impact Disclosure
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If you get a request for information from the
“outside” you might fall under the your state’s
open records act. Someone should be in charge
on your campus.
If your school is considered a financial institution it
must follow Gramm Leach Bliley (Does your
institution make emergency loans?)
And then there are the Red Flag rules under the
FTC and PCI compliance (folks believe we are the
Business Office – so be aware of these rules)
If you have health records for a PJ or SAP you fall
under HIPAA…
Don’t Even Get Me Started on
Hipaa
 If
you process professional judgments
based on excessive medical expense,
you need to think about Hipaa, so here is
a link http://www.hhs.gov/ocr/privacy/
 Hipaa is enforced by the Office of Civil
Rights
Why is FERPA Important to
YOU?
 Did
you sign a confidentiality form when
you were given access to your institutions
student information system?
 If you violate FERPA you could have your
access to student records removed or you
could lose your job.
 Do you have any idea of the $ amount it
might cost your institution in federal and
state aid?
Case Studies
To quote a former professor
“ Talk amongst yourselves”

Better Yet Let’s Go with Cyndi
“And as the train pulls away I can hear the
conductor say
Right track wrong train
Right track wrong train
I'm not to blame
Right track wrong train... Train”

Contact Information
 Elaine
Henrie
Director Financial Aid & Scholarships
& Registrar – [email protected]