State FERPA Agreements Using Data

& Protecting Privacy

SHEEO / NCES Data Conference April 2005

Changing Environment Changing TimesBad guys (really bad guys) are now out there.

Public Expectations:

Privacy & Security of Personal Data

Efficient & Effective Resource Use

Finding Balance in the Midst of Conflict

The Sources:

Survey sent to all state agencies (2001)Collected examples of documentsCombined into a comprehensive templateSent for legal reviews:

– Agency – DOE FERPA Office– Partners (institution/agencies)

Uses:– DOL data exchange / Economic Impact– Student Outcomes Studies– State Accountability Measures

Best Practices of Many

What is FERPA?

Passed by Congress in 1974 (Buckley Amendment)

Grants four basic specific rights to adult students:

1. to review information kept on the student,2. to seek amendment to those records and in

certain cases append a statement to them,3. to consent to the disclosure of records,4. to file a complaint with the FERPA Office at

the DOE in Washington.

Family Educational Rights and Privacy Act

•Student “educational records” are considered confidential and may not be released without the written consent of the student, except in specific situations.

•Institutional responsibility to protect student educational records and to allow access only for legitimate use in the completion of your responsibilities as a university employee.

Basic Guidelines

What is FERPA?

•Information provided by a student for use in the educational process such as:

- Personal information - Grades - Enrollment records- Schedules

•It can also include: Admissions Documents Computer printout

A class roster Computer display screen Advising Notes

What is a Student Educational Record ?

What is FERPA?

Exceptions to prior consent.

• Statistical Information that is not personally identifiable provided it is not possible to associate the statistical information with a particular person. Removal of name, address, SSN, and individually distinguishing information meets this requirement.

• Directory information is considered public and can be released without the student's written consent, provided the student has not elected to have this information considered confidential.

(See: 34 CFR Part 99, sections 99.31- 99.35 )

Conditions where prior consent not required:

What is Directory Information?

• “…information contained in the education records of a student that would not generally be considered harmful or an invasion of privacy if disclosed.”

• Items which are normally published in a College Directory carry an implicit consent for public disclosure, unless otherwise requested by the student.

Generally:

The following are often considered directory information:

• Name, Local address, E-mail address, phone number • Date of birth – (Age)• Major• Most recent education institution attended• Degrees and Awards• Dates of attendance • Student classification • Enrollment status (full-time or part-time)

Specifically:

What is Directory Information?

Exceptions to prior consent.

• State educational authorities

• Accrediting / University approved testing agencies

• Certain government officials in order to carry out lawful functions;

• Organizations conducting certain studies for the school;

• Accrediting organizations;(See: 34 CFR Part 99, sections 99.31- 99.35 )

Who may access student records without consent:

May disclose if it has given public notice of:

• the types of information which it has designated as "directory information”

• the right to restrict the disclosure of such information,

• the period of time a student has to notify the school in writing if they wish to opt out.

• The means of notification could include publication in various sources:

- a newsletter / newspaper - student handbook

Public Notice Requirement. (34 CFR § 99.37.)

Data Sharing Agreements.

I. PURPOSEII. DEFINITIONSIII. SCOPE OF WORKIV. DATA AVAILABILITYV. CONFIDENTIALITY OF DATAVI. GUIDELINES FOR USE OF THE

DATAVIII. DURATION OF AGREEMENTIX. LEGAL AUTHORIZATIONX. TERMINATIONXI. AMENDMENTXII. SCOPE OF AGREEMENTXIII. RECORDS RETENTIONXV. REIMBURSEMENTXIV. FUNDS ACCOUNTABILITYXV. CONTACT PERSONS

Content outline:

Data Sharing Agreements.

All agreements should address the following areas in sufficient detail to assure compliance with privacy concerns.

Purpose and Background: Descriptions of the agencies and projects involved and how their role relate to the research project.

Definitions: The types of data to be exchanged and other terms used in the agreement.

Research Purpose: The expected benefits of the project.

Guidelines for use of the data: Detailed instructions as to the use,

maintenance, and disposal of the data associated with the project.

Common Language In Data Exchange Agreements:

Applications.

Department of Labor (UI Wage data)State Required Performance MeasuresCarl Perkins Workforce PlacementAd Hoc Requests

- economic impact of education- employability of graduates

System Wide Enrollment PatternsIPEDS Graduation Rate SurveyAdult Basic Education OutcomesStudent Progression

System and Institutional Benefits:

Applications.

Impacts:

Full time employed showed an average wage increases of 68%. ($14,492 before completion to $24,276, an increase of $9,784)

Pell recipients experienced a gain of $12,738 or 117%. ($10,891 to $23,629)

Average quarters worked increased from 2.9 before program completion to 3.5 afterwards.

478 graduates went from part time or seasonal work with average annual earnings of $3,894 to four continuous quarters of work with average earnings of $20,117.

Department of Labor (UI Wage data) :

A good thing !

• Provides professional practice guidelines for legitimate research in a responsible manner.

• Assures the public that ethical standards and precautions are in place and observed by the stewards of personal information.

• Can be used to maintain and expand access to data resources by reassuring our partners of their safety in participating in joint efforts.

So…..What is FERPA?

FERPA Resources.

New Mexico Data Sharing agreement: nmche.state.nm.us/PublicationDocuments/FERPATemplate.pdf

American Association of College Registrars and Admissions Officers AACRAO.org

U.S. Dept. of Ed., Family Policy Compliance Office http://www.ed.gov/offices/OM/fpco/

For Further Information: