FERPA in the Digital Age What You Need to Know.ppt

FERPA in the Digital Age: What You Need to Know FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974 "A FEDERAL LAW DESIGNED TO PROTECT THE PRIVACY OF EDUCATION RECORDS, TO ESTABLISH THE RIGHT OF STUDENTS TO INSPECT AND REVIEW THEIR EDUCATION RECORDS, AND TO PROVIDE GUIDELINES FOR THE CORRECTION OF INACCURATE AND MISLEADING DATA THROUGH INFORMAL AND FORMAL HEARINGS." ________________________________ DEFINITIONS OF TERMS FOR ADMISSIONS AND RECORDS. Washington, D.C.: AACRAO, 1980, p. 28. FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974 THIS ACT IS ENFORCED BY THE FAMILY POLICY COMPLIANCE OFFICE, U.S. DEPARTMENT OF EDUCATION, WASHINGTON, D.C. THE ESSENCE OF THE ACT COLLEGE STUDENTS MUST BE PERMITTED TO INSPECT THEIR OWN EDUCATION RECORDS. SCHOOL OFFICIALS MAY NOT DISCLOSE PERSONALLY IDENTIFIABLE INFORMATION ABOUT STUDENTS NOR PERMIT INSPECTION OF THEIR RECORDS WITHOUT WRITTEN PERMISSION UNLESS SUCH ACTION IS COVERED BY CERTAIN EXCEPTIONS PERMITTED BY THE ACT. An Additional Corollary for the High Tech Age Whether we are dealing with high-tech or low-tech education, we only have one education records law: An Additional Corollary for the High Tech Age WHAT IS AN EDUCATION RECORD? ANY RECORD, WITH CERTAIN EXCEPTIONS, MAINTAINED BY AN INSTITUTION THAT IS DIRECTLY RELATED TO A STUDENT OR STUDENTS. THIS RECORD CAN CONTAIN A STUDENT'S NAME, OR STUDENTS' NAMES OR INFORMATION FROM WHICH AN INDIVIDUAL STUDENT, OR STUDENTS, CAN BE PERSONALLY (INDIVIDUALLY) IDENTIFIED THESE RECORDS INCLUDE: FILES, DOCUMENTS, AND MATERIALS IN WHATEVER MEDIUM (HANDWRITING, PRINT, TAPES, DISKS, FILM, MICROFILM, MICROFICHE) WHICH CONTAIN INFORMATION DIRECTLY RELATED TO STUDENTS AND FROM WHICH STUDENTS CAN BE PERSONALLY (INDIVIDUALLY) IDENTIFIED. “PERSONALLY IDENTIFIABLE” WHAT AN EDUCATION RECORD IS NOT!! “SOLE POSSESSION” NOTES LAW ENFORCEMENT UNIT RECORDS RECORDS MAINTAINED EXCLUSIVELY FOR INDIVIDUALS IN THE THEIR CAPACITY AS EMPLOYEES RECORDS OF INDIVIDUALS WHO ARE EMPLOYED