Family Educational Rights and
Privacy Act of 1974 (FERPA)
What do you need to know?
For Faculty and Department Staff of
The University of New Mexico
Registrar’s Office
What Is FERPA?
• A set of requirements
regarding the privacy
of student records,
including:
– Release of educational
records.
– Access to educational
records.
Why Comply?
• To protect the
student
• It’s the right
thing to do
• It’s the law!
How Does UNM Comply
• Notify students
• Ensure that third parties
annually.
do not re-disclose
personally identifiable
• Protect students’ rights
information.
to:
• Keep records of
– Inspect and review.
requests for and
– Request to amend.
disclosures of student
– Limit disclosure of
personally identifiable
education records.
information.
UNM Student Records Policy
• Published annually in the
Pathfinder.
• Lists directory information.
• Defines important terms.
What Is UNM’s Liability?
For Not Complying With FERPA
• Can UNM lose all
federal funding?
– Yes
• FERPA legislation
does allow for the
revocation of ALL
federal funds to the
college for proven
violations!
What percentage of your funding
comes from federal sources?
What You Need to Know to
Comply With FERPA
•
•
•
•
•
Who is or is not a student?
What is or is not an education record?
What is directory information?
Who is a school official?
What is a legitimate educational interest?
Definition: Student
• Current students
• Former students
• Does NOT Include:
– Applicants to a program
– Spouse or domestic
partner
– Parents
Definition: Education Record
• What it is:
– Any form directly related to the student,
– “Maintained” by the institution,
– In whatever media.
• What it is not:
–
–
–
–
School officials’ personal papers
Certain police papers
Certain employment records
Medical records
Definition: Directory Information
• This varies from school to school.
• At UNM, directory information is limited to:
–
–
–
–
–
–
–
Name
Address
Telephone listing
Electronic mail address
Date of birth
Major
Dates of attendance
– Degrees and awards
received
– Most recent
educational agency or
institution attended
– Participation in
officially recognized
activities and sports
Releasable information can be found online at: http://www.unm.edu/phone.html
The Confidential Indicator
• Students may request to
have their directory
information withheld.
• They should be advised
about the ramifications:
– NO information whatsoever
will be released by phone to
the student or anyone else.
– All transactions MUST be
done in person with a photo
ID or by signed request.
Where is the Confidential Indicator?
INB – First Student Screen
Where is the Confidential Indicator?
INB – All Student Screens
Where is the Confidential Indicator?
LoboWeb – Student Information
Where is the Confidential Indicator?
LoboWeb – Class List
Definition: School Official
• An employee of UNM who needs the information
to fulfill job responsibilities.
• Agents collecting debts owed to UNM.
• Legal counsel advising or representing UNM.
• NCAA and MWC for conforming to eligibility
rules for athletic competition.
• Contractors only for the purpose of performing
under contract.
• Honorary Societies/Chartered Student Orgs.
• University researchers.
• Officials of cooperating universities in which the
student is enrolled.
Definition: Legitimate
Educational Interest
• A school official who
needs the information
to fulfill job
responsibilities.
What Is Your Liability?
For Not Complying With FERPA
• Will you go to jail?
– No
• Will you pay a fine?
– No
• FERPA legislation as
established by the U.S.
Congress has NO power to take
punitive actions against any
individual.
• However, there are other legal
claims that can be brought
against someone who violates a
student’s right to privacy of
educational records.
Can You Lose Your Job?
•
•
•
•
Violating FERPA is a violation of the
following UNM policies:
BPPM Policy #2200: Reporting Misconduct
and Retaliation
BPPM Policy #2520: Computer Security
Controls and Guidelines
BPPM Policy #3215: Performance
Management (Proper Cause)
Faculty Handbook Section D180: Student
Educational Records
Is Consent Required to Release…
• …to a school official with a legitimate
educational interest?
• …directory information?
• …to agents acting on behalf of UNM?
– Collections, clearinghouse, degree/enrollment
verifiers?
• …to comply with a court order or
subpoena?
Is Consent Required to Release…
• …relative to a lawsuit or in defense of
UNM?
• …to accrediting organizations?
• …to anyone if a health or safety emergency
exists?
• …to the alleged victim of a crime of
violence?
• …to military recruiters?
Is Consent Required to Release…
• …to parents of an
independent student?
• …to parents of a
dependent student?
• …to the media?
• …to police?
Special Information for Faculty
To avoid violations of FERPA rules, DO NOT:
• At any time use students’ identification/social security
number in a public posting of grades.
• Link student information (name, grade, etc.) with that
students’ identification/social security number in any
public manner.
• Leave graded tests in a stack for students to pick up by
sorting through the papers of all students.
Special Information for Faculty
To avoid violations of FERPA rules, DO NOT:
• Discuss the progress of any student with anyone (including
parents) other than the student without the consent of the
student.
• Provide anyone with lists of students enrolled in your
classes for any commercial purpose.
• Provide anyone with student schedules or assist anyone
other than University employees in finding a student on
campus. Refer requests or inquiries to the Dean of
Students Office.
Your Desk: Private or Public?
• As an employee of UNM you have a
responsibility to protect all educational
records in your possession. This includes
any documents in the Registrar’s Office,
computer printouts in your office, class
lists on paper or on a computer desktop,
computer display screens, and notes taken
during any kind of advising session with a
identification number while in your
workspace.
How Does UNM Comply
(Review)
• Notify students
• Ensure that third parties
annually.
do not re-disclose
personally identifiable
• Protect students’ rights
information.
to:
• Keep records of
– Inspect and review.
requests for and
– Request to amend.
disclosures of student
– Limit disclosure of
personally identifiable
education records.
information.
What You Need to Know to
Comply With FERPA
(Review)
•
•
•
•
•
Who is or is not a student?
What is or is not an education record?
What is directory information?
Who is a school official?
What is a legitimate educational interest?
Two Things to Remember!
1. When in doubt, don’t give it out!
2. DO NOT link student information (name,
grade, etc.) with that students’
identification/social security number in
any public manner!
Thank You for Your Time and
Attention!
Any questions?
Alec Reber
Elizabeth Barton
Associate Registrar,
The University of New Mexico
Student Support & Services Center
MSC11 6300
Albuquerque, NM 87131
505-277-6331
areber@unm.edu
Associate Registrar,
The University of New Mexico
Mesa Vista Hall - North
MSC11 6300
Albuquerque, NM 87131
505-277-4022
ebarton@unm.edu
Other Resources on FERPA
• Family Policy Compliance Office, U.S.
Department of Education
– E-mail: ferpa@ed.gov
– Web: www.ed.gov/offices/OM/fpco
• AACRAO
– Web: www.aacrao.org/compliance/ferpa
• UNM Student Handbook (Pathfinder)
– Web: www.unm.edu/~sac/policies.html#srp
• UNM Faculty Handbook
– Web: www.unm.edu/~handbook/
• University Catalog
Bibliography
Rainsberger R. (2000). The AACRAO 2001 FERPA
Guide. Washington, DC: American Association
of Collegiate Registrars and Admissions Officers.
Pathfinder. (2002). University of New Mexico:
Student Activities Center.
UNM Faculty Handbook. (2003). University of
New Mexico: Office of the University Secretary.
Bibliography
Baise, Melanie (Associate University Counsel).
(2002). Student Records and the Law
[Presentation]. University of New Mexico:
Employee Development.
Hicks, Dennis J. (Registrar, Indiana University
East). (2000). Training Faculty, Staff, and
Administrators FERPA: “It can be done!”
[Presentation]. Great Lakes 2000, Session 7.5.