Privacy Summary

FERPA (Family Educational Rights and Privacy Act) (sometimes referred to as the Buckley Amendment)

· Deals specifically with education records of students.

· Under FERPA, the University may not disclose personally identifiable information from a student’s education record.

· “Education records” does not apply to records relating to an individual employed by the institution, which are made and maintained in the normal course of business, relate exclusively to the individuals as an employee and are not available for use for any other purpose.

· “Education records” does not apply to records relating to a student which are created or maintained by a doctor, used solely in connection with the provision of treatment to the student and not disclosed to anyone other than treating professionals.

· Provides students the rights to inspect and review their education records with 45 days of request and provides students the right to request amendments to the records.

· Provides students with the right to consent of disclosure of personally identifiable information contained in the students’ education records.

· Parents have no inherent right to inspect a student’s education records without student consent. (Note: records release can be granted under certain circumstances such as subpoena or IRS Code of 1986, Section 152.)

· Public posting of grades by student name, student ID or SSN without student’s written permission is in violation of FERPA, whether done via paper or electronic means.

· FERPA applies to persons who are or have been in attendance in postsecondary institutions; it does not apply to records of applicants who are denied admission or who, if admitted, do not attend.

· Exceptions permitting disclosure without consent:

à disclosure to school officials with legitimate educational interests. “School officials” include university employees, university contractors, Regents, student employees, students on official committees, students assisting school officials. “Legitimate educational interests” refers to the need to know in order to act in their professional capacity.

à disclosure to officials of another school in which a student seeks or intends to enroll.

à Veteran’s Administration officials

à Persons or organizations providing financial aid to students

à Various education-related organizations (see http://registrar.colorado.edu/facstaff/privacy.htm)

à Various legal, health and safety situations (see http://registrar.colorado.edu/facstaff/privacy.htm)

Privacy Designation

· Students may choose to add a privacy designation to their records.

· If privacy-designated, no information about the student may be released to the general public for enrollment verification, verification of their presence on campus nor any address or telephone information.

· UCB Registrar also offers a ‘limited privacy’ designation.

· Limited privacy allows enrollment verification and release of address/phone information to individual callers.

· Privacy and limited privacy both prevent directory information from appearing in:
campus on-line directory (411), campus directory assistance (2-1411), residence hall or family housing directory assistance (6-1411), off campus requesters who desire lists or labels of enrolled student names and addresses, student ememos deemed to be “general” (vs. “vital”).

Directory Information

· FERPA allows institutions to define “directory information” (i.e., information that is public).

· Directory information may be disclosed by the institution at its discretion.

· Directory information as defined by UCB includes:
names, mailing and permanent addresses and phone numbers, email addresses, dates of attendance, registration status, class, major, awards, honors, degree(s) conferred, participation in officially recognized sports and activities, physical characteristics of athletes, prior schools attended, date and place of birth.

Disciplinary Information

· FERPA provisions govern access to a student’s disciplinary file.

· Student and institutional officials with legitimate education need have access to a student’s disciplinary file as do parents who provide proof that the student is a dependent.

Colorado Open Records Act and FERPA

interpretation by Colorado State University Faculty Council 1/4/00

· Open Records Act: “records of state institutions of higher ed are generally open for public inspection except as otherwise provided.”

· Act provides that inspection of certain records may be denied in appropriate circumstances.

· Act provides that inspection of other records (such as personnel files) must be denied to persons other than the person to whom they pertain.

· In relation to FERPA, per CSU: “the University may not disclose personally identifiable information from a student’ educational record, even to the student’s parent or spouse, without the student’s prior written consent (except under limited circumstances).”

· The FERPA, a federal act, takes precedence over the Colorado Open Records Act with respect to student educational records. Per CSU, “An exception to this general rule permits the disclosure of directory information.”