Family Educational Rights and Privacy Act

1. FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT “FERPA” Alona M. Salva CTU Special Education

4. WHO IS PROTECTED UNDER FERPA? Students who are currently enrolled in higher education institutions or formerly enrolled, regardless of their age or status in regard to parental dependency. Students who have applied but have not attended an institution do not have rights under FERPA.

10. Disclosure Written Consent Of Student Disclosure To Parents Other Disclosure Exceptions

12. Disclosure To Parents When Student is financially dependent on Parents as defined under Section 152 of Internal Revenue Code. ( Claimed as a dependent on Parent’s federal tax return ) When Student violates any Federal, State or Local law, or any rule or policy of the University governing the use or possession of alcohol or controlled substances if, the Student is under 21, and the Student has committed a disciplinary violation. ( Judicial Board )

13. DISCLOSURE EXCEPTIONS University Faculty, Staff and Administrators with a “legitimate educational interest”; designated contracted service providers Federal, State and Local Education Authorities involving an audit or evaluation of compliance with Education Programs Results of disciplinary hearing to alleged victim of a crime of violence, such as an assault or sex offense Judicial Order or Subpoena (student is usually notified) Health or Safety Emergency Processing Financial Aid Directory Information Educational institutions where student seeks or intends to enroll

22. Release of Student Educational Records Under the Family Educational Rights and Privacy Act Requester Definition Ask to See ID Verify Need to Know Consult With General Counsel Obtain Written Permission from Student Explain Limits on Redisclosure Record Request & Action Taken in Student File Misc. The Student Requesting His or Her Own Records Any person who attends or has attended the University. Yes, Check ID. Have Student Sign and Date request form. N/A No, unless questions arise regarding the request. Yes, to the extent that the student is required to provide a signed request form. No. No. Student has NO right to view confidential letters or parent’s financial information in their education record. Parent or Guardian Natural Parent, guardian or individual acting as parent in the parent’s absence. Check to see if student is a tax dependent of the parent. Check IRS tax form. You may. No, unless questions about legal custody, dependency No, if student’s dependency has been verified. Yes, if student is not a dependent. Exception for under 21 alcohol/drug violation or health/safety emergency. No. Only if request was denied. Check to see if Student is a tax dependent of the parent. Both parents have equal access even if divorced/separated unless court order states otherwise. Faculty or Other School Official University administrator, academic or research employee. No, unless doubt as to the official’s identity. Yes, even for an official verify their legitimate interest. No, unless questions about legitimate educational interest. Not necessary if official has legitimate educational Interest. Yes. Keep a record in the student’s file where the request was denied. Consult with supervisor or Registrar if doubt to legitimate interest. OGC can provide guidance. Other Parties Seeking Information Media, courts, lawyers, educational authorities, govt. agencies, alleged victims of crimes of violence. Yes, if release of record turns on identity/role. Maybe. Yes. Maybe. Yes. Yes, unless written consent from student, directory info or subpoena that prohibits disclosure to student. Check whether student has requested non-disclosure of directory information. This will be reflected on PeopleSoft.