What are students rights under FERPA?

Transcription

1 FERPA: RIGHTS STUDENTS & PARENTS SHOULD KNOW FERPA (Family Educatinal Rights & Privacy Act) is a federal law enacted in 1974 t prtect the privacy f student educatin recrds. FERPA applies t all educatinal agencies and institutins, such as SSU, that receive funds under any prgram administered by the U.S. Department f Educatin. What are educatin recrds? Educatin recrds include any medium, including handwriting, print, cmputer, videtape, auditape, film, micrfilm, micrfiche r e- mail f an institutin and: Cntain infrmatin directly related t the student; and Maintained by the institutin r agency r party acting n its behalf. What is nt cnsidered an Educatin Recrd? Educatin recrds d nt include: Ntes in sle pssessin f maker nt accessible r revealed t any ther persn except a temprary substitute Medical recrds Emplyment recrds when emplyment is nt cntingent n being a student, prvided the recrd is used nly in relatin t the individual's emplyment Recrds created and maintained by a law enfrcement unit used nly fr that purpse, is revealed nly t law enfrcement agencies f the same jurisdictin, and the enfrcement unit des nt have access t educatin recrds Infrmatin n a persn that was btained when n lnger a student (i.e., alumni recrds) and des nt relate t the persn as a student What are students rights under FERPA? FERPA gives students three basic rights with respect t their educatin recrd: The right t cntrl disclsure f their educatin recrd with certain exceptins The right t review their educatin recrd The right t request prtins f their educatin recrd be crrected What are parents rights under FERPA? When a student turns 18 years ld r enters a pstsecndary institutin (SSU), at any age, these rights under FERPA transfer frm the student's parents t the student. FERPA des hwever

2 prvide ways in which an institutin can share educatin recrds n the student with his r her parents. Under FERPA, schls may release any and all infrmatin t parents, withut the cnsent f the student if the student is a dependent fr tax purpses under the IRS rules. Neither the age f the student nr the parent s status as custdial parent is relevant in this case. If the student is claimed as a dependent by either parent fr tax purpses, then either parent may be given access under this prvisin. At SSU, parents wh wish t have full access t their sn s r daughter s recrds, shuld prvide a signed cpy f the mst recently filed federal incme tax return t the Registrar s ffice. Parents als have the right t educatinal recrds withut the cnsent f the student under the fllwing circumstances: If a health r safety emergency invlves their sn r daughter; r If the student is under the age f 21 and has vilated any law r plicy cncerning the use r pssessin f alchl r a cntrlled substance. In additin t the abve, students may sign a cnsent frm granting parents the right t access their educatin recrds. The cnsent frm is distributed t students during rientatin sessins and is als available in the Registrar s Office. What is the directry, and what is cnsidered public infrmatin? The student directry cnsists f varius types f infrmatin f all students attending Shawnee State University and is subject t release upn request, unless the student ntifies the Registrar (see instructins belw). Directry infrmatin at SSU includes: Name Address (lcal, hme and university- assigned e- mail) Telephne (lcal and hme) Prgram f Study (including cllege f enrllment, majr and cncentratin) Enrllment status (e.g. full- time, part- time, withdrawn) Class rank (freshman, sphmre, etc) Dates f attendance Degrees and hnrs awarded Previus educatinal agencies r institutins attended Participatin in fficially recgnized activities and sprts Weight and height f members f intercllegiate athletic teams

3 Infrmatin that may nt be released frm the directry Nt included in the student directry is infrmatin cnsidered harmful r an invasin f privacy, such as: Scial security number Student identificatin number Race Ethnicity Natinality Gender Hw students can prevent their directry infrmatin frm being released Students wh wish their student directry infrmatin nt be released t the public must: Cmplete a Request t Prevent Disclsure f Directry Infrmatin frm (available in the Office f the Registrar). A withheld directry flag will then be placed n the student's recrds t prevent directry infrmatin frm being released in the future. Please nte the fllwing: 1. The withheld directry flag remains in effect until the student requests in writing that it be remved. 2. Any individual can request student infrmatin if the student has NOT requested that directry infrmatin be withheld. 3. If a student has requested that directry infrmatin be withheld, n infrmatin can be released except as prvided by law, r t anyne within SSU wh has a need t knw. Infrmatin may be released in certain situatins withut student cnsent Students shuld be aware there are certain situatins in which yur infrmatin can be released withut yur cnsent. These situatins include the fllwing: University emplyees wh have a legitimate educatinal interest Other schls, upn request, in which a student is seeking r intending t enrll Apprpriate parties in cnnectin with financial aid t a student t determine eligibility, amunt r cnditins f financial aid, r t enfrce the terms and cnditins f aid. Individuals wh have btained a judicial rder r subpena Apprpriate parties wh need t knw in cases f health and safety emergencies when necessary t prtect the health and safety f the student and/r thers

4 Alleged victim f a crime f vilence the results f a disciplinary prceeding with respect t that crime Parent r legal guardian f a student under the age f 21, infrmatin regarding any vilatin f university plicy r state, federal r lcal law, gverning the use r pssessin f alchl r a cntrlled substance What is a university/schl fficial? A university fficial includes: A member f the Bard f Trustees and university emplyees in an administrative, supervisry, academic, r supprt staff psitin. A persn/agency emplyed by r under cntract t perfrm a special task (i.e. auditr, cnsultant r utside attrney) What is a legitimate educatinal interest? An individual wh has a legitimate educatinal interest must have assigned tasks r duties that reflect a need t have certain student recrds. Examples include: The Dean f Students may access a student s cnduct file when reviewing a current cnduct issue; Academic Advisrs may access the student s entire academic recrd t aid in scheduling fr classes; Financial Aid Representatives may access student recrds t determine eligibility, amunt r cnditins f financial aid, r t enfrce the terms and cnditins f aid Types, Lcatins, and Custdians f Educatinal Recrds Specific recrds are kept in specific ffices. These recrds are rganized by type. Types Lcatin Custdian Admissin Recrds University Center Office f the Registrar Academic Recrds University Center Office f the Registrar

5 Financial Aid University Center Office f Financial Aid Placement Recrds Success Center University Cllege Disciplinary Recrds University Center Dean f Students Prgress Recrds Department ffice at each department Chairpersn r Faculty Yu can learn mre abut the Family Educatinal Rights and Privacy Act f 1974, as Amended (FERPA) frm the Registrar s Office r frm the U.S. Department f Educatin's Family Plicy Cmpliance Office.