FERPA Flashcards
What is FERPA?
The Family Educational Rights and Privacy Act of 1974 (aka the Buckley Amendment) protects the privacy of student education records. The Act provides for the right to inspect and review education records, the right to seek to amend those records, and the right to limit disclosure of information from the records. (RAL) The intent of the legislation is to protect the rights of students and to ensure the privacy and accuracy of education records. The Act applies to all institutions that are recipients of federal aid administered by the Secretary of Education.
A Student is defined as
A student is defined as any individual who is attending or has attended one (or more than one) of the following colleges in the Maricopa County Community College District: Chandler-Gilbert Community College, Estrella Mountain Community College, Gateway Community College, Glendale Community College, Mesa Community College, Paradise Valley Community College, Phoenix College, Rio Salado College, Scottsdale Community College, South Mountain Community College.
An educational record is
An educational record is any record maintained by the Maricopa County Community College District or one or more of its associated colleges, which is directly related to the student.
An educational record does not include: (SPPA) — (1) a personal record kept by a staff member, if it is kept in the sole possession of the maker of the record and is not accessible to or revealed to any other person, except a temporary substitute for the maker of the record; (2) records created and maintained by the Maricopa County Community College District Police Department (or associated campus police) for law enforcement purposes; (3) an employment record of an individual whose employment is not contingent on the fact that he or she is a student, provided the record is used only in relation to the individual’s employment; (4) records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional, if the records are used only for treatment of a student and made available only to those persons providing the treatment; or (5) alumni records which contain information about a student after he or she is no longer in attendance at one (or more) of the colleges and which do not relate to the person as a student.
Student Rights under FERPA
FERPA affords students certain rights with respect to their educational records. These rights include: (RADD)
the right to inspect and review information contained in their educational records;
the right to request to amend their educational records;
the right to consent to disclosure, with certain exceptions specified in the Act, of personally identifiable information from educational records; and
the right to file a complaint with the U.S. Department of Education concerning alleged failures by the college or district to comply with the requirements of FERPA.
Exceptions
College or district officials who have a legitimate educational interest in the records. A college or district official is defined as:
a person employed by the college or district in an administrative, academic, research, or support staff position, whether full- or part-time.
a person appointed by the Governing Board .
a person employed by, under contract to, or assigned to the college or district to perform a special task for the benefit of the college or district, such as an attorney or auditor.
a person who is employed by the college or district police department.
a person serving on an official disciplinary, grievance, or appeals committee.
2012 Amendment to FERPA Regulation
As of January 3, 2012, the U.S. Department of Education’s FERPA regulations expand the circumstances under which your education records and personally identifiable information (PII) contained in such records — including your Social Security Number, grades, or other private information — may be accessed without your consent. First, the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or state and local education authorities (“Federal and State Authorities”) may allow access to your records and PII without your consent to any third party designated by a Federal or State Authority to evaluate a federal- or state-supported education program.
Release of Directory (Public) Information
At its discretion, the college or district may provide Directory Information in accordance with the provisions of FERPA.
Directory (Public) Information at Maricopa County Community College District and its associated colleges
name
address
phone number
Maricopa email address
photographs
electronic images
place of birth
major fields of study
current enrollment status
participation in officially recognized activities
dates of attendance
degrees
awards and academic honors received
Dean’s List selection
previous institutions attended
program and promotional materials on participants in various sports and similar public activities, including weights and heights of athletic team members
Directory information is considered public information.
Blocking the Release of Directory (Public) Information
By default, a college or district may release a student’s directory information. Students may prohibit (or block) the public disclosure of directory information by completing a Privacy Block form.
FERPA Flag
FERPA Blue Flag on a Student Record (flag on student records means you should not release third-party directory information report requests - Public Records Requests):
Maricopa Staff Homepage: Menu > Campus Community > Student Services Center
TILE: Campus Community > Student Services Center
Yes - FERPA flag is default and is checked upon admission meaning we can release information (no flag icon will be on student record)
No - FERPA flag is unchecked meaning we don’t release information (blue flag will be on student record to the right of the name/student ID)
When a student completes an application, they are asked two things: (1) Per the Family Education Rights and Privacy Act of 1974, we ask the student if they give us permission to release directory information related to their enrollment. (2) We ask them to set up their FERPA PIN. If students want to give access to a third-party to release educational records, this is done through their Student Center.
