STUDENT PRIVACY: WHAT YOU SHOULD KNOW

A FERPA Panel Discussion

Panelists: Rodney L. ParksUniversity Registrar

Jana Lynn PattersonAssociate Vice President for Student LifeDean of Student Health and Wellness

Jodean SchmiedererAssociate Dean of Students for Leadership and

Honor Code

What is FERPA?

Stands for the Family Educational Rights and Privacy Act of 1974Law applies to postsecondary institutions and K-12 schoolsGoverns

Disclosure of educational recordsAccess to records

Essence

Inspect and review educational recordsRequest the amendment of inaccurate recordsConsent to disclosure of personally identifiable information contained in the education recordFile a complaint with the U.S. Department of Education concerning alleged failures of the institution to comply with this law

Who must comply?

Any educational institution or educational agency that receives funds administered by the US Secretary of Education

Who has FERPA rights?

FERPA rights begin when a “student” enrolls at a postsecondary institution regardless of age

“Student” applies to all students – distance education students, former students, graduated students, etc.

International students who come to study at Elon University are covered by FERPA just as domestic students. That means, in general, third parties can't receive non-public or suppressed-public information without written permission or a stated need to know in order to perform assigned job duties.

How does Elon comply?

Annual notification to studentsExplain FERPA informationHow to change indicator

Maintain FERPA site

Provide training to students, staff, and parents

Maintain disclosure indicator

What is Directory Information?

Directory information is information contained in an educational record of a student which would not generally be considered harmful or an invasion of privacy if disclosed

Elon defines the following as Directory Information: Name Address Telephone Number Dates of attendance Previous institutions attended Major Awards Honors Degree (including dates) Past and present participation in officially recognized sports and activities Physical factors (height, weight of athletes) Date and place of birth Elon email address

What is Prior Consent for Release?

Students must provide a signed and dated written consent before a school official may disclose educational records or non-directory information

The consent must:Specify records that may be disclosedState the purpose of disclosureIdentify party or class of parties to whom disclosure may be made

Exceptions to Prior Consent

Directory InformationSchool officials with a legitimate educational interestFederal, state, and local authorities conducting an audit, evaluation, or enforcement of “ED” programsOrganizations conducting studies on behalf of ElonTo accrediting organizationsTo comply with judicial order or subpoenaIn connection with financial aidIn a health or safety emergencyTo parent/guardian if the student was:

responsible for violating our alcohol, drug, or academic integrity policies and put on Official Warning or higher;placed on disciplinary probation or preliminary suspension, suspended, or removed from housing.

What is allowable?

Protecting or securing confidential informationRelease student information to the student when his or her identity can be positively identified – Elon email is allowedPosting grades to MoodleHanding students graded work directly to each student (making sure that grades are not visible with identifier when returning student work)Providing student information to school officials with a legitimate education interestChecking for student restrictionUnderstanding that directory information can be shared with 3rd parties without student consent if the student does not have a restrictionShredding unneeded confidential documents (i.e. personal notes and emails about specific students)

What is NOT allowable?

Sharing directory information without a written release from a student who has a restrictionSharing information about students without consentEmailing students any confidential information using accounts other than Elon emailPosting confidential information to other websites, emails, addresses, blogs, etc.Releasing a student’s class scheduleAsking students in the class to hand back graded work to other studentsLeaving graded student work in a public areaPosting grades using identifiable dataSharing or discussing education records with colleagues unless a legitimate educational interest existsThrowing away education records

Questions?

Rodney Parks: rparks4@elon.edu – x6670Jana Lynn Patterson: patters@elon.edu – x2875Jodean Schmiederer: jschmiederer@elon.edu –

x5323

For further information about FERPA, contact the Family Policy Compliance Office

US Department of Education400 Maryland Ave. S.W.

Washington, DC 20202-5920202-260-3887