FERPA Regulations at RIT - Important Information
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FERPA WORKSHOP
FOR NTID
Evan Thompson
Associate Counsel
RIT Office of Legal Affairs
475-7251
evan.thompson@rit.edu
Objectives
■
FERPA
–
Know and understand FERPA
–
Identify educational records
–
Disclose educational records to appropriate individuals
FERPA – How it Applies to You
Family Educational Rights and Privacy Act of 1974 (FERPA)
■
Purpose
–
Protect the dissemination of information commonly considered
private information
–
Provide eligible parents and students the right to inspect and
review their educational records
■
Applies to all private and public universities that receive
federal funding
–
Individual departments, divisions, colleges, and employees
■
RIT Policy D15.0 Educational Records
What Does it Protect?
■
Educational Records
–
Records that are directly related to the student (including online
students), are maintained by the educational institution, and
include personally identifiable information
■
Handwritten, typed, recorded, stored electronically, or in filing cabinets
■
Does not include:
–
Records kept in the sole possession of the maker
–
Law enforcement records kept separate from educational records
and only shared with other law enforcement officials
–
Non-student employment records
–
Treatment records
What are Treatment Records?
■
Records of a student
■
Made or maintained by a physician, psychologist,
psychiatrist, or other recognized professional or
paraprofessional
■
Which are made or used only in connection with the
treatment of students
■
Only disclosed to persons providing the treatment
–
No longer a treatment record when disclosed to the student
What Does it Say?
■
Educational records can only be disclosed with the
prior
written consent
of the student
■
Unless it falls into a specific FERPA category that allows
disclosure without the student’s prior written consent
What are the Specific Categories?
■
Directory information
■
Request is made from an internal university official who
has a legitimate educational interest in the information
■
Request is by the parent or legal guardian of a dependent
(for Federal Income Tax purposes) student
■
Information is disclosed to comply with a validly issued
subpoena or ex parte orders from the DOJ under the Patriot
Act
What are the Specific Categories?
■
Disclosure is made in the event of an emergency if
knowledge is necessary to protect the health and safety of
the student or others. (Can be to parents)
■
Request is for final results of disciplinary proceedings
against a student who is an alleged perpetrator of a violent
crime
■
Disclosure is made to a parent or legal guardian of
information involving use or possession of alcohol or
controlled substances and the student is under the age of 21
■
Disclosure is made to sex offender registry
Directory Information
■
Information which would not generally be considered
harmful or an invasion of privacy if disclosed
–
Name
–
Address
–
Telephone numbers
(RIT currently chooses to only list a local
number)
–
E-mail addresses
(RIT currently chooses not to list or disclose)
–
Photograph
(RIT currently chooses not to list or disclose)
–
Date of birth
(RIT currently chooses not to list or disclose)
–
Place of birth
Directory Information
–
Field of study/major
–
Enrollment status
(RIT currently chooses not to list or disclose)
–
Dates of attendance
–
Participation in officially recognized activities and sports
(RIT
currently chooses not to list or disclose)
–
Weight and height of members of athletic teams
(RIT currently
chooses not to list or disclose)
–
Degrees, honors, and awards received
–
The most recent educational agency or institution attended
–
Can include student ID
(RIT currently chooses not to list or
disclose)
Directory Information
■
Directory Information DOES NOT INCLUDE:
–
Social Security number
–
Race
–
Ethnicity
–
Nationality
–
Gender
Legitimate Educational Interest
■
University official, faculty, administrator, staff, trustees; and
outsourced contractors under control of the University,
required to have FERPA information and informed they
must comply with FERPA requirements
■
Schools must use “reasonable methods” to ensure that
individuals only have access to FERPA information needed
to fulfill their professional responsibilities
■
Difference between “needing” to know and “wanting” to
know
In the Event of an Emergency
■
Under the “totality of the circumstances” if the University
determines an “articulable” and significant threat to the
health and safety of another exists, it may disclose FERPA
information, as necessary, to any person to protect the
health or safety of a student or other individual
■
Disclosure must be narrowly tailored considering the
immediacy and magnitude of the emergency
■
Disclosure no longer appropriate when the emergency is
over
Questions?
Gain insights into the Family Educational Rights and Privacy Act (FERPA) regulations at the Rochester Institute of Technology (RIT). Discover the significance of FERPA, how it applies to you, what it protects, treatment records, and consent requirements for disclosing educational records. An insightful workshop led by Evan Thompson, Associate Counsel at RIT's Office of Legal Affairs.
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Presentation Transcript
RIT FERPA WORKSHOP FOR NTID z Evan Thompson Associate Counsel RIT Office of Legal Affairs 475-7251 evan.thompson@rit.edu ROCHESTER INSTITUTE OF TECHNOLOGY
Objectives FERPA Know and understand FERPA Identify educational records Disclose educational records to appropriate individuals ROCHESTER INSTITUTE OF TECHNOLOGY
FERPA How it Applies to You Family Educational Rights and Privacy Act of 1974 (FERPA) Purpose Protect the dissemination of information commonly considered private information Provide eligible parents and students the right to inspect and review their educational records Applies to all private and public universities that receive federal funding Individual departments, divisions, colleges, and employees RIT Policy D15.0 Educational Records ROCHESTER INSTITUTE OF TECHNOLOGY
What Does it Protect? Educational Records Records that are directly related to the student (including online students), are maintained by the educational institution, and include personally identifiable information Handwritten, typed, recorded, stored electronically, or in filing cabinets Does not include: Records kept in the sole possession of the maker Law enforcement records kept separate from educational records and only shared with other law enforcement officials Non-student employment records Treatment records ROCHESTER INSTITUTE OF TECHNOLOGY
What are Treatment Records? Records of a student Made or maintained by a physician, psychologist, psychiatrist, or other recognized professional or paraprofessional Which are made or used only in connection with the treatment of students Only disclosed to persons providing the treatment No longer a treatment record when disclosed to the student ROCHESTER INSTITUTE OF TECHNOLOGY
What Does it Say? Educational records can only be disclosed with the prior written consent of the student Unless it falls into a specific FERPA category that allows disclosure without the student s prior written consent ROCHESTER INSTITUTE OF TECHNOLOGY
What are the Specific Categories? Directory information Request is made from an internal university official who has a legitimate educational interest in the information Request is by the parent or legal guardian of a dependent (for Federal Income Tax purposes) student Information is disclosed to comply with a validly issued subpoena or ex parte orders from the DOJ under the Patriot Act ROCHESTER INSTITUTE OF TECHNOLOGY
What are the Specific Categories? Disclosure is made in the event of an emergency if knowledge is necessary to protect the health and safety of the student or others. (Can be to parents) Request is for final results of disciplinary proceedings against a student who is an alleged perpetrator of a violent crime Disclosure is made to a parent or legal guardian of information involving use or possession of alcohol or controlled substances and the student is under the age of 21 Disclosure is made to sex offender registry ROCHESTER INSTITUTE OF TECHNOLOGY
Directory Information Information which would not generally be considered harmful or an invasion of privacy if disclosed Name Address Telephone numbers (RIT currently chooses to only list a local number) E-mail addresses (RIT currently chooses not to list or disclose) Photograph (RIT currently chooses not to list or disclose) Date of birth (RIT currently chooses not to list or disclose) Place of birth ROCHESTER INSTITUTE OF TECHNOLOGY
Directory Information Field of study/major Enrollment status (RIT currently chooses not to list or disclose) Dates of attendance Participation in officially recognized activities and sports (RIT currently chooses not to list or disclose) Weight and height of members of athletic teams (RIT currently chooses not to list or disclose) Degrees, honors, and awards received The most recent educational agency or institution attended Can include student ID (RIT currently chooses not to list or disclose) ROCHESTER INSTITUTE OF TECHNOLOGY
Directory Information Directory Information DOES NOT INCLUDE: Social Security number Race Ethnicity Nationality Gender ROCHESTER INSTITUTE OF TECHNOLOGY
Legitimate Educational Interest University official, faculty, administrator, staff, trustees; and outsourced contractors under control of the University, required to have FERPA information and informed they must comply with FERPA requirements Schools must use reasonable methods to ensure that individuals only have access to FERPA information needed to fulfill their professional responsibilities Difference between needing to know and wanting to know ROCHESTER INSTITUTE OF TECHNOLOGY
In the Event of an Emergency Under the totality of the circumstances if the University determines an articulable and significant threat to the health and safety of another exists, it may disclose FERPA information, as necessary, to any person to protect the health or safety of a student or other individual Disclosure must be narrowly tailored considering the immediacy and magnitude of the emergency Disclosure no longer appropriate when the emergency is over ROCHESTER INSTITUTE OF TECHNOLOGY
