Rooker, Leroy and Falkner, Tina. AACRAO 2012 FERPA Guide
FERPA
Family Educational
Rights and Privacy
Act Training for
Employees
What is FERPA?
 Enacted by the United States Congress in 1974
 Sets forth requirements regarding the privacy of
student records
 Governs disclosure of education records and access
to those records
Who must comply with FERPA?
Any educational institution
that receives funds under any
program administered by the
U.S. Secretary of Education.
Who is protected by
FERPA?
All students
enrolled in college
courses, including
those students who
are classified as
high school special,
concurrent, or dual
enrolled students.
What Rights does FERPA Grant to Students?
Access to their education records for review and inspection
Ability to seek amendment to their educational record
Consent to the disclosure of their education record
Authorization Form for Release of FERPA Protected Student
Information
http://www.indycc.edu/storage/admissions/Updated%20FER
PA3.pdf
What Rights does FERPA Grant to Students?
Annual notification of their FERPA rights
Ability to file a complaint with the Family Policy Compliance Office at
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-5920
Phone: 1-800-872-5327)
Important Definitions
Student – any person who is attending or has attended ICC and for whom ICC maintains a
record.
Education Record – any record that is related to the student and maintained by ICC.
• Directory information and non-directory information.
• Student Information System, the AS400, email, files maintained in shared areas,
photographs, and videos.
Directory Information – information contained in an education record of a student that
generally would not be considered harmful or an invasion of privacy if disclosed.
What is Directory
Information?
The following information is considered public or directory information:
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Awards and honors (Dean’s List)
Campus e-mail addresses
Class standing (e.g. sophomore)
College of enrollment
Current enrollment
Date and place of birth
Dates of attendance
Degree(s) conferred (including dates)
Full- or part-time status, withdrawn
Home telephone number
Local address
Local telephone number
Major field(s) of study
Name
Permanent address
Picture of student
Student Class Schedules
Directory Information Released by
Independence Community College
Name, Permanent address, Honor Rolls, Graduation Lists, Athletic Press Release
information
The College may, but is not required to disclose this information, according to the
guidelines contained in FERPA. The College’s Registrar and its Administration will take
into account the necessary precautions to protect the privacy of current and former
students prior to disclosing any directory information.
Students currently enrolled at ICC may withhold disclosure of directory information. To
withhold disclosure, written notification must be received on a semester basis at:
Office of the Registrar
Independence Community College
P.O. Box 708
Independence, KS 67301
What is Legitimate Educational Interest?
Legitimate educational interest means that the official has a need to access student
education records for the purpose of performing an appropriate educational, research or
administrative function for the institution. ICC utilizes the following criteria to determine
legitimate educational interest:
School Official is defined as:
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A person employed by the College in an administrative, supervisory, academic or support staff
position.
A person serving on an institutional governing body
A person employed by, or under contract to, the institution to perform a special task, such as an
attorney or an auditor
A person or organization acting as an official agent of the institution, and performing a business
function or service on behalf of the institution
A member of the law enforcement unit or health staff
A school official is deemed to have a legitimate educational interest if the information requested is
necessary for that official to (a) perform appropriate tasks that are specified in his/her position description
or by a contract agreement; (b) perform a task related to a student’s education; (c) perform a task related
to the discipline of a student; or (d) provide a service or benefit relating to the student or student’s family
such as health care, counseling, job placement or financial aid.
What is Legitimate Educational Interest?
Feedback regarding Student Privacy from the Higher Learning Commission:
O 7P4: Given the small nature of the institution, there appear to be limited restrictions on employee
access to internal data; thus it is unclear how data of a confidential nature are managed, particularly
with regard to FERPA. Defining and implementing relevant restrictions could serve to ensure
appropriate data access and use.
Kansas Senate Bill 367
Defines how and to whom K-12 individual student data will be shared.
“The authorized personnel of the department or a school district who require such disclosures to perform
their assigned duties”
Institutional Research Data Request Form
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What data do you need?
When do you need the data?
What are you going to use the data for?
Available on the Personnel page of the ICC Website.
Exceptions include, but are not limited to:
• Subpoena or court order
• School official with legitimate educational interest
• Health or safety emergency
• Any branch of the United States Armed Forces
Federal and State Data Collection and Use
Federal
• Access to individual student records and personally identifiable information
(PII)
• Access to individual student records and PII for researchers performing
certain types of studies
State
• Kansas Board of Regents (KBOR) collects, compiles, permanently retains,
and shares student records
• KBOR tracks individual student participation in education and other
programs. This information is commonly used as part of the Kansas Higher
Education Data System (KHEDS).
What about the rest of the
information?
Disclosure – non-directory or private information can only be disclosed if the
student has given written permission before releasing the information.
Important Forms
• Transcript Request
• Verification of Education
• Authorization for Release of FERPA Protected
Student Information
• IR Data Request Form
Protecting the
Rights of Students
Their Rights, Our Responsibility
Email
From Saavedra, Matt, FERPA: The law you think you know, until you don’t
http://depts.washington.edu/registra/blog/2013/02/05/ferpa/
Grades
Casual talk and beyond…
Parents, Spouses, and
Other Interested
Parties
How to navigate tricky conversations…
Questions
Office of the Registrar
Institutional Research
Sonja Conley, Registrar
Extension 5430
Debbie Phelps, Director
Extension 5419