Understanding FERPA: Protecting Students' Privacy in Online Tutoring

1. FERPA (Oops, can I say that?) Online Tutoring Training Workshop The Learning Center The University of Louisiana-Lafayette

2. What is FERPA? Family Education Rights and Privacy Act of 1974. Federal law protecting privacy of student education records. Students have specific protected rights regarding release of education records. Law applies to all schools that receive funds under applicable program of U.S. Department of Education.

3. FERPA gives students the following rights regarding educational records: Right to access educational records kept by the school. Right to demand educational records be disclosed only with student consent. Right to amend educational records. Right to file complaints against the school for disclosing educational records in violation of FERPA.

4. What are Educational Records? Records directly related to the student either maintained by the school or by a party or organization acting on behalf of the school. According to FERPA, any record containing personally identifiable information that is directly related to the student is considered an educational record.

5. Educational Records Include: Written documents (including student advising folders) Computer media Microfilm and microfiche Video or audio tapes or CDs Film Photographs Also, any records kept by the school in the form of student files, student system databases kept in storage devices such as servers, or recordings or broadcasts which may include student projects are considered educational records.

6. Records not considered as educational records Private notes of individual staff or faculty (NOT kept in student advising folders) Campus police records Medical records Statistical data compilations that contain no mention of personally identifiable information about any specific student

7. Two types of educational records Directory Information Non-directory Information

8. What is considered directory information? Some information in a students educational record is defined as directory information and can be disclosed by the school without written consent of the student. However, the student can exercise the option to restrict the release of directory information by submitting a formal request to the school to limit disclosure. Examples of directory information include: Name Address Phone number and email address Dates of attendance Degree(s) awarded Enrollment status Major field of study

9. What is considered non-directory information? Non-directory information can not be released to anyone, including parents of the student, without prior written consent of the student. Faculty and staff can access non-directory information only if they have a legitimate academic need to do so. Non-directory information may include: Social security numbers Student identification number Race, ethnicity, and/or nationality Gender Transcripts; grade reports

10. Parents Rights under FERPA FERPA gives certain rights to parents regarding their childrens educational records. Rights transfer to the student upon reaching 18 years of age or attending any school beyond the secondary level

11. When may a parent access a students educational records? If student is claimed as a dependent for Federal income tax purposes Access is granted to both the parent who claims the student as well as the parent who is not claiming the student. If a student is not being claimed by either parent for Federal income tax purposes, the parent can have access only if the student is willing to release information.

12. FERPA Summary Institutions must have written permission from the student in order to release any information from a students educational record. Institutions may disclose directory information in the students educational record without the students consent. It is good policy for the institution to notify the student about such disclosure and to seek the written permission of the student to allow disclosure of any educational records including directory information. Institutions should give the student ample opportunity to submit a written request that the school refrain from disclosing directory information about them.

13. FERPA Summary Institutions must not disclose non-directory information about students without their written consent except in very limited circumstances. Institutions should notify students about their rights under FERPA through annual publications. When in doubt, it is always advisable to err on the side of caution and to not release student educational records without first fully notifying the student about the disclosure. The school should always seek a written consent from the student before disseminating educational records to third parties.

14. The Family Educational Rights and Privacy Act of 1974 Read The Family Educational Rights and Privacy Act of 1974 at http://www.ed.gov/policy/gen/guid/fpco/ferpa/i ndex.html

15. The University of Louisiana at Lafayettes policy on The Family Educational Rights and Privacy Act of 1974 Read UL Lafayettes policy on FERPA at http://apfd.louisiana.edu/publications/staff- handbook/Policy12.pdf .

16. When in doubt. Dont give it out! If you have any questions on what information you can or cannot release, check with your department head or The Registrars Office.

17. References http://apfd.louisiana.edu/publications/staff- handbook/Policy12.pdf http://www.ed.gov/policy/gen/guid/fpco/ferpa/i ndex.html http://www.nacada.ksu.edu/Resources/FERPA- Overview.htm

18. To receive Tutor Training credit for your CRLA certification requirements, please complete the Quiz via the link below, and sign, print and send the completed form to The Learning Center Coordinator - Lee 204b FERPA QUIZ Take the Quiz!