3.6 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. FERPA applies to a student who is, or has been, in attendance at Alamo Colleges. The student’s age is not a consideration. Whether under 18 years of age, older than 18, or older than 21, the student has the same FERPA protections provided the student is (or was) enrolled in a college course. Physical presence in class is not required. Therefore, a student who receives instruction through distance learning and other contemporary modalities will be covered by FERPA. Education records pertaining to high school students enrolled in and attending dual credit courses with Alamo Colleges will be protected by FERPA. More information located at the following links: http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html http://www.alamo.edu/district/legal/ 3.6.1 General Records Information Directory information is information that would not generally be considered harmful or an invasion of privacy if disclosed. Directory information may be disclosed without consent from the student. Students have the opportunity to opt out of directory information disclosures during registration by completing and submitting Request for Nondisclosure Form (found on the FERPA section of each campus website) to the campus Admissions office. Each individual college of the Alamo Colleges has agreed that Directory Information shall be considered the following: Name Dates of Attendance Major Classification Enrollment status (full-time or part-time) Previous institutions(s) attended Degrees awarded Academic honors/awards If a student has restricted directory information a flag will be set on SPAPERS. When a student is pulled up in the Banner, those that are utilizing the option to withhold certain information will also have the word “Confidential” displayed at the top left side of each Banner form. 3.6.2 Financial Aid Information SFA has an additional policy in regards to discussing financial aid account information. Under FERPA, the access rights that parents and legal guardians had in the elementary and secondary school setting is transferred to students once a student has turned eighteen, or is attending any post-secondary educational institution. This means the parents no longer have the rights to student information, except in certain cases regarding FAFSA information. For a dependent student, financial aid information may be discussed with the parent whose information is included on the FAFSA. For an independent student, information should be released to the student only. No financial aid data may be given to anyone else (exceptions are provided below under ‘Release without Consent’) without the written consent of the student, and if dependent, the parent that is listed on the FAFSA (custodial parent). Also, parent data on the FAFSA may not be discussed with the student without the parent’s consent. 3.6.3 Verification of Identity The Scholarships & Financial Aid will verify the identity of each student or parent before releasing financial aid information. The measures by which to do so may include, but are not limited to: In Person Photo identification of student is required before releasing any account specific information. Photo identification would also be required for parents who meet the criteria described above. Identity must be verified for all in person visits, if account specific information is to be released. Via phone Student verification Verify date of student’s birth, SPAIDEN Parent verification (if listed on FAFSA) Verify name and last four digits of Social Security Number listed on the FAFSA, RNANAxx Determine which parent has their information on the FAFSA in the cases of divorce or separation 3.6.4 Release of Information Student information may not be released without a signed "FERPA Consent Form" from the student. In the case that a parent’s documents/information is part of the request, the parent must also sign the form. 3.6.5 Release Without Consent FERPA allows schools to disclose a student’s educational records, without consent, to the following parties or under the following conditions (34 CFR § 99.31): School officials with legitimate educational interest; A school official is a person or entity: (a) employed by the university or the university system in an administrative, supervisory, academic or research, or support staff position; (b) serving on a university governing body or duly authorized panel or committee; or (c) employed by or under contract to the university to perform a special task, function, or service for the university. A school official has 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 in the performance of regularly assigned duties by a lawful supervisor; (b) fulfill the terms of a contractual agreement; (c) perform a task related to a student's education; (d) perform a task related to the discipline of a student; or (e) provide a service or benefit relating to the student or student's family, such as health care, financial aid, job placement, or former student-related activities. Other schools to which a student is transferring; Specified officials for audit or evaluation purposes; Appropriate parties in connection with financial aid to a student, such as a scholarship donor Students give consent to share their educational records with scholarship donors through the university-wide scholarship applications. Organizations conducting certain studies for or on behalf of the school; Accrediting organizations; To comply with a judicial order or lawfully issued subpoena; (Information will be shared with General Counsel before release) Appropriate officials in cases of health and safety emergencies; and State and local authorities, within a juvenile justice system, pursuant to specific State law. Requests for aggregate data where the individual student is not identified are not covered under FERPA and may be released.