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Starting with E.F. & P
All about the student
All about the institution
The fine print
Scenarios
100
This act protects the privacy and accuracy of student's educational records
What is FERPA The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
100
In order to release a student's educational records, institutions must first have on file.
What is the written consent from the student. FERPA release forms are available in the Student Affairs Office, they must be filled out and signed by the student. The student has the right to revoke this privilege at any time.
100
May an educational agency or institution disclose identifiable information from student education records for the purpose of a specified audit, evaluation, or compliance?
What is YES. FERPA permits schools to disclose Personal Identifiable Information from students’ education records, without consent, to authorized representatives of State and local educational authorities, the Secretary of Education, the Comptroller General of the United States, and the Attorney General of the United States for specified purposes. Disclosures may be made under this exception as necessary in connection with the audit or evaluation of Federal or State supported education programs, or in connection with the enforcement of Federal legal requirements that relate to those program. 34 CFR §§ 99.31(a)(3) and 99.35.
100
This can be revoked by the Federal Government if FERPA laws are violated.
What are Federal Funds
100
Instructor Smith, who teaches MATH 1320, requests for the MATH 1310 grades and cumulative GPA's and cumulative GPAs for three of his current students (Note: MATH 1310 is pre-requisite to MATH 1320). Can you provide the information?
What is yes: Instructor Smith has a legitimate educational “need to know” what grades his students received in a pre-requisite course. However, he does not have a "need to know" the students' GPA
200
PII
What is Personal Identifiable Information is any data that could potentially identify a specific individual. Any information that can be used to distinguish one person from another and can be used for de-anonymizing anonymous data can be considered PII.
200
T/F A student has the right to review their educational record
What is TRUE See page 8 of the MCC Catalog Under FERPA, a school must provide an eligible student with an opportunity to inspect and review his or her education records within 45 days following its receipt of a request. A school is required to provide an eligible student with copies of education records. Once a student reaches 18 years of age or attends a postsecondary institution, he or she becomes an "eligible student," and all rights formerly given to parents under FERPA transfer to the student. ... FERPA generally prohibits the improper disclosure of personally identifiable information derived from education records.
200
Any program principally engaged in the provision of education
What is an Education Program “Education program” is defined as any program principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education, and any program that is administered by an educational agency or institution. 34 CFR § 99.3 “education program.
200
Information obtained in various formats (written or electronic) about a student.
What is the Student Record A student record is one that: is maintained by the College or parties acting on its behalf contains information directly related to a student can be maintained in multiple formats and media Student records may be: presented by the student submitted on behalf of the student created by the University The majority of student records fall into one of the categories below: Admission Records Academic Records Financial Aid Records College Advising Records Financial Records Disciplinary Records Medical Records Psychological/Counseling Records Student Employment Records
200
You receive a phone call from the local police department asking if you can verify that one of your students was scheduled for a class on a specific date and time. The police officer indicates he is involved in an investigation concerning the student. Are you permitted to provide the requested information?
What is No, not without a subpoena or official court order. Any subpoenas or court orders should be brought to the Registrar's Office for processing. NOTE: MCC complies with law enforcement. Contact the VP of Student Affairs in this situation.
300
In what year was FERPA created?
What is 1974 The FERPA statute is found at 20 U.S.C. § 1232g and the FERPA regulations are found at 34 CFR Part 99.
300
Students may do what that changes their record if it appears misleading or inaccurate?
What is Amend the educational record A student may request a correction or amendment to an education record that he or she believes is incorrect, misleading, or violates his or her right of privacy.
300
This person is under the direct control of the agency or institution with respect to the use and maintenance of education records. See 34 CFR § 99.31(a)(1)(i)(B).
Who is a School Official The School FERPA Official on the MCC campus is the Director of Enrollment Management. A “school official” includes a teacher, school principal, president, chancellor, board member, trustee, registrar, counselor, admissions officer, attorney, accountant, human resources professional, information systems specialist, and support or clerical personnel. A contractor, consultant, volunteer, or other party to whom a school or institution has outsourced institutional services or functions may also be considered a “school official” provided that they are performing an institutional service or function for which the agency would otherwise use employees and is under the direct control of the agency or institution with respect to the use and maintenance of education records. See 34 CFR § 99.31(a)(1)(i)(B).
300
This must take place each year.
What is notify students of their FERPA rights. Educational agencies and institutions must annually notify eligible students of their rights under FERPA. Specifically, schools eligible students of the right: to inspect and review education records and the procedures to do so; to seek amendment of records the parent or eligible student believes are inaccurate and the procedures to so do.
300
You receive a frantic phone call from someone stating to be a student’s mother who must get in touch with her daughter immediately due to a family emergency. Can you provide information pertaining to the student's class schedule?
What is No. You can offer to send someone to the student’s class to ask her to call home. You can contact Student Affairs to locate the student if necessary.
400
T/F FERPA statues for students under who are in High School are the same for students who are in Post Secondary Education?
What is FALSE FERPA generally prohibits the nonconsensual disclosure of information derived from education records, except in certain specified circumstances. One of these exceptions permits the nonconsensual disclosure of information derived from education records to that student's parent if the student is a dependent student. Further, neither the age of the student nor the parent's status as custodial parent is relevant to determining whether disclosure of information from the education records of eligible students to a parent without written consent is permissible under FERPA. If a student is claimed as a dependent by either parent for tax purposes, then either parent may have access under this provision.
400
Name, street address, and phone number
What is Directory Information MCC does not publish directory information. Students have the legal right to opt out of publishing their information in the directory. Directory information is information contained in a student's education record that would not generally be considered harmful or an invasion of privacy if disclosed. FERPA requires each institution to define its directory items.
400
T/F Under FERPA, may an educational agency or institution disclose education records to any of its employees without consent?
What is FALSE No. FERPA permits an educational agency or institution to disclose, without consent, personally identifiable information from students’ education records only to school officials within the educational agency or institution that the educational agency or institution has determined to have legitimate educational interests in the information. 34 CFR § 99.31(a)(1). Generally, a school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
400
FERPA Laws and Regulations applies to whom?
What is All schools that receive federal aid. FERPA is a Federal law that is administered by the Family Policy Compliance Office (Office) in the U.S. Department of Education (Department). 20 U.S.C. § 1232g; 34 CFR Part 99. FERPA applies to educational agencies and institutions (e.g., schools) that receive funding under any program administered by the Department
400
A parent calls to talk about why her son received a poor grade in your class. Can you talk with her?
What is no. Unless the student has given written consent allowing his mother access to his records you cannot discuss specifies of her son's situation. You can, however, discuss your grading philosophy in general terms, as presented on the course syllabus.
500
Grade reports, transcripts, and disciplinary files are all examples of what
What is Educational Record The term “education records” is defined as those records that are: (1) directly related to a student; and (2) maintained by an educational agency or institution, or by a party acting for the agency or institution.
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This must be in place in order to disclose information about a student record.
What is a FERPA release. This form is available in Student Affairs and can be revoked by the student at anytime.
500
Can instructors, staff, or other employees of the college discuss information (grades, financial information, academic eligibility, etc.) in front of other students?
What is NO! Student information must be kept private. Be aware of your surroundings when discussing anything about students. Remember, when discussing student information, there must be a legitimate "educational need to know" as the foundation of the conversation.
500
This must be in place to ensure school officials may only obtain access to educational records in which they have legitimate educational interest.
What is a policy for physical and technological controls that will ensure access is protected? See pages 7 & 8 of the 2017-18 course catalog for more information. An educational agency or institution must use reasonable methods to ensure that school officials obtain access to only those education records in which they have legitimate educational interests. An educational agency or institution that does not use physical or technological access controls must ensure that its administrative policy for controlling access to education records is effective and that it remains in compliance with the legitimate educational interest requirement.
500
You receive a call from the parents of one of you former students. Their son was dismissed over a year ago. The parents live in Florida and have been paying for their son to attend MCC for every term during the last two years. They called to see how things were going since they didn't hear much from their son. Can you discuss student information?
What is no. Contact the VP of Student Affairs FERPA permits disclosure of information from educational records to parents of student in a few different circumstance: A health or safety emergency situation When the student has been found in violation of conduct related to a controlled substance or alcohol and is under the age of 21 When the student is dependent based on the IRS definition of “dependency” When you have written permission of the student In this case, prior consent is required to release anything but directory information. However, if the student has not opted out of directory information, the school official could inform the parent that the student is not a student at the institution. You cannot tell the parents he was dismissed. Also, consider practical tips for talking with the parents. Find out what they already know and build from it. If appropriate, discuss use of the IRS dependency exception for providing access to their son's record.