// 3. If you request that no directory information be released, any business you wish to conduct at NIU must be done in person with proper identification. Here are some examples: 1. LEGITIMATE EDUCATIONAL INTEREST: The demonstrated "need to know" by those officials of an institution who act in the student's educational interest, including faculty, administration, clerical and professional employees, and other persons, including student employees or agents, who manage student record information. Correct! Graded material should never be left out for “pick-up”. Educational records can appear in a variety of forms, including: This information must be handled with the same standard of care, regardless of its form. It is permissible for a professor to post student grades on an office door if only a student's social security (i.d.) The answer is false. Is the following information considered education records? When in doubt, consult the Office of Registration and Records. Staff should not display student scores or grades publicly in association with names, social security numbers or other personally identifiable information. Please note that students must be currently enrolled to request nondisclosure of their directory information. FERPA is a federal law or regulation and not a UMKC policy or local or state law. Use a “need to know” approach when accessing students' education records. What is not considered an educational record? __ As defined in FERPA, “legitimate educational interest” refers to: a) a faculty member’s need to provide feedback to students in the form of grades/evaluations. The correct answer is d, when the student is "in attendance". Medical records are not considered part of the educational record, but are held in confidence by other federal policies. 1. Staff should refer requests for information from the education record of a student to the proper educational record custodian, e.g., academic, financial, medical and placement. Educational records may not be released without the written consent of the student. Although the Act does not define 'legitimate educational interest', it states that institutions must establish their own criteria, according to their own procedures and requirements, for determining when their school officials have a legitimate educational interest in a student's education records. Staff should keep only those individual student records necessary for the fulfillment of his/her specific responsibilities. Although FERPA does not define "legitimate educational interest," it states that institutions must specify the criteria for determining it. Clearly, many people who work at the university have no access to student records and have no need for individual student information. With certain restrictions, organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction are allowed access to student data. All rights reserved. Correct! Staff should not provide non-directory information to third parties such as prospective employers, associations, honorary organizations, etc. These aspects of FERPA are the most important for faculty members and staff members whose jobs require them to … Staff may not disclose any information about any student to anyone who does not need this information to do his or her job and the university. ... Information that may be released without prior written consent as defined by the University, provided that the student does not opt to withhold release of directory information. Any individual who does not want the foregoing information publicly disclosed shall so inform the director of Registration and Records, Williston Hall 220, in writing. _ As defined in FERPA, “legitimate educational interest” refers to: a. a faculty member’s need to provide feedback to students in the form of grades/evaluations. FERPA applies to educational agencies and institutions that receive funds under any program administered by the U.S. Department of Education. You may always refer parents to the Office of Registration and Records. School officials within the institution may obtain information from education records without obtaining prior written consent, 2. § 1232g and the FERPA regulations are found at 34 CFR Part 99. legitimate educational interest: The demonstrated "need to know" by those officials of an institution who act in the student's educational interest, including faculty, administration, clerical and professional employees, and other persons, including student employees or agents, who … We'll reply to you in writing. University officials at NIU must have a legitimate university related educational or administrative interest and a need to review an education record in order to fulfill their professional responsibility. Correct! If scores and grades are posted, a coding method agreed upon mutually by the entire class which does not include personally identifiable information must be used. This request will NOT prevent the Office of Registration and Records from releasing information to the student's parents if they provide evidence that the student is their dependent. A student's degree can be confirmed to some external (outside of your college) source without first obtaining the permission of the student as long as "degree" is identified by the institution as directory information. NIU assumes no liability as a result of honoring your request that directory information be withheld. The school official must demonstrate to the records keeper a legitimate educational interest (as opposed to a personal or private interest), and such a determination must be made on a case-by-case basis. I understand that I am responsible for protecting student records in my possession. Legitimate Educational Interest. Information will not be provided to you over the phone or via email. The access provided for staff to do their jobs does not overlap into information that is not required of their position. Staff should check the student's record on the student information system or contact the Office of Registration and Records to see if the student has requested nondisclosure before releasing directory information about the student to someone who is not a university official with a need to know. FERPA permits disclosure of a student's education record without the student's consent to University officials having a legitimate educational interest in the record. Correct! Student data may be shared among university staff as necessary to carry out the responsibilities of their position; however, take precaution to ensure the security of the student data being shared. The FERPA statute is found at 20 U.S.C. The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the right to have access to their children's education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education records. This type of information is not considered an educational record. Thank you for successfully completing the quiz on student privacy and FERPA procedures. Personal notes made by a faculty or staff member for personal use are not considered educational records and are not covered by FERPA. The Family Policy Compliance Office (FPCO) was established to define the steps that need to be taken for an institution to be FERPA compliant. This office has responsibility for FERPA at all levels of education (K-12, post-secondary). Therefore, it becomes a part of that record. The university is legally and ethically obligated to protect the confidentiality of student records. Faculty generally receive no access to student records beyond their class and grade rosters. I will access private student information only as necessary to perform my officially assigned duties as an employee of the university. If the students waived the right to see it, the letter remains confidential. Correct! It does not. These notes are considered personal property and not part of a student’s educational record. FERPA is a federal law that protects the privacy of students’ education records (See 20 U.S.C. For example, FERPA permits schools to disclose information from students’ education records to school officials who have a legitimate educational interest in the information. Correct! The list should be randomly generated, i.e., displayed in such ways that is not appears in alphabetical order by student name. The Student Authorization to Disclose Information to Third Parties form is available in the Office of Registration & Academic Progress and online. You receive a phone call asking to verify (1) that a currently enrolled student: attends your institution, (2) what his address was at the time of attendance, (3) his date of birth, and (4) his gpa. Although potentially beneficial for the student, this information cannot be shared without the student’s permission. 2. Faculty cannot post student social security numbers as they are not considered directory information. Briefly defined, FERPA requires colleges and universities to define the information that they will release without a student's prior written consent. Correct! Correct! K. “Legitimate Educational Interest” refers to the demonstrated “need to know” by those College officials who act in the student’s educational interest, including faculty, administration, support staff, and other persons who manage student record Northern Illinois University's definition contains a list of those “directory information” items that may be released: One common misconception is that FERPA requires us to release student information. Any record or notes relating to judicial issues, policy challenges, etc. It depends on how the grades are posted. Legitimate educational interest does not give an employee the right to access personally identifiable information from student records except that specific information that is necessary for them to do their job. Please be aware of the following circumstances pertaining to a request to prevent disclosure of directory information: A student has a right to inspect information in his or her file in the Registrar's Office and in his or her department.. This applies to all student records, whether or not directory information has been suppressed. FOIA does not grant anyone the right to view a student's private educational record. By submitting this web form, you verify that the following statements are true: © "FINAL RESULTS" OF A DISCIPLINARY PROCEEDING A decision or determination, made by an honor court or council, committee, commission, or other entity authorized to … Staff should keep any personal professional records relating to individual students separate from their educational records. This office has responsibility for FERPA at all levels of education (K-12, post-secondary). The answer is false. Correct! Legitimate Educational Interest at AAMU A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. It is not required. This includes all university officials, regardless of role or classification. Private records of instructional, supervisory and administrative personnel and ancillary educational personnel are to be kept in the sole possession of the maker and are not to be accessible or revealed to any other person, except a substitute. All requests for "No Release of Directory Information" will be processed within 1-2 weeks following the published deadline for submission of requests as follows: Each request will remain in effect on a continuing basis until Registration and Records is informed, in writing, to the contrary by the student or former student. 2. You are responsible for protecting student data in your possession. Non-directory information from a student's education records, such as grades or class schedules, should not be shared with parents. Public Safety records are not covered by FERPA. This includes, but is not limited to, grade information, disciplinary documentation and billing and financial aid data. Should you have any questions, please don’t hesitate to contact the, Ball State University 2000 W. University Ave. Muncie, IN 47306 800-382-8540 and 765-289-1241, a) The faculty member can legally obtain this information under FERPA as long as he has written permission from the dean or designee, b) The registrar’s need to obtain education record information from faculty to produce a student’s transcript, c) A school official’s right to obtain information only about students he is advising or teaching during the current year, d) A school official’s need to review student education record information to fulfill a responsibility as part of the official’s duties, a) A faculty member’s need to provide feedback to students in the form of grades/evaluations, a) Pass from the parent to student when the student attains the age of 18, b) Pass from parents to student when the student begins attending an institution of higher education, c) Are shared equally by parents and student at the higher education level, d) Apply only to parents of students attending colleges and universities, e) Apply only to students attending institutions of higher education, a) Personally identifiable to the student, d) Made available to the law enforcement unit, a) Verbal consent to release the information, b) written permission unless the release is covered by any exception listed in FERPA, c) Verbal consent from the student advisor, d) Written consent from the parents of dependent student, d) Admissions records related to the denial of his application into another college of the institution, Family Educational Rights and Privacy Act (FERPA), Student Authorization to Disclose Information to Third Parties, Equal Opportunity and Affirmative Action Policy. Students should be instructed as to the confidentiality of all information learned in these types of committees. Essentially, legitimate educational interest is necessary for employees to carry out their responsibilities in support of Penn State's educational mission. These requests will be evaluated and handled according to the law and university policy. document.write(new Date().getFullYear()) A school must inform eligible students of how it defines the terms "school official" and "legitimate educational interest" in its annual notification of FERPA rights. Please answer whether or not they would be considered education records. It should always be under some type of supervision and, when the student is not personally known, distributed only when proper identification is shown. All student information requests in the case of an emergency should be directed to Student Affairs at 815-753-6103 during regular office hours or Public Safety (University Police) at 815-753-1212 after hours. University staff may access this information only if they have a legitimate need to use it in fulfillment of official duties. FERPA allows a UW-Platteville school official to share a student's education record information (directory information and non-directory information), without the student's written consent, with other UW-Platteville school officials who have a legitimate educational interest. B. a school official's need to review student's education record information to fulfill the responsibilities associated with their position. Legitimate Educational Interest. To avoid university non-compliance with or delay in response to requests that require immediate information, you should provide written authorization to any agency, company, employer, etc. Correct! b) the registrar’s need to obtain education record information from faculty to produce a stu-dent’s transcript. This law gives citizens the right to information about the affairs of government. Correct! The answer is false. Correct! Even if the student is under 18 when they begin at the university, they still hold FERPA rights, not the parents. The answer is false. 30. If in doubt, do not release information about a student. The student; The parent or guardian of a dependant student, as defined by the IRS. Board of Trustees of Northern Illinois University. Parent information is not considered an educational record and therefore not covered under FERPA. The list should be randomly generated, i.e., displayed in such ways that it not appears in alphabetical order by student name. To be granted access to student records, you must complete this tutorial. University employees may access and use private educational records only as necessary to conduct official business that is related to the educational interests of the student. This tutorial provides basic Family Educational Rights and Privacy Act (FERPA) training for NIU faculty and staff. If someone outside your college or department requests non-directory information, refer the requestor to the Office of Registration and Records. "Legitimate educational interest" refers to: a school official's need to review a student's education records According to FERPA, which of the following student requests for non-disclosure of information must be honored by SMU? Any information listed as directory information can be released without the student’s permission unless the student has filed a “privacy restriction” form with the Office of Registration and Academic Progress. If you release copies of transcripts, you are acting as a third party testifying as to the accuracy of the information on the transcripts. This is the definition provided by FERPA. Staff should understand that only the appropriate educational record custodian may release information about a student's educational record to a third party outside the university. If the grades are posted by some “code” known only by the student and instructor (as opposed to by name, student ID number, SSN), then it is not a violation. It is permissible to distribute graded examinations by placing them on a table for students to pick up after class. Staff may not browse through student records, whether in “hard copy”, form or in computer files, for information about students at random or for information about persons we know. As defined in FERPA, "legitimate educational interest" refers to: A. a faculty member's need to provide feedback to students in the form of grades/evaluations. Unauthorized access is a violation of federal law and University policy. All judicial orders, subpoenas or other written requests for access to information or data subject to the Freedom on Information Act should be immediately forwarded to the Office of General Counsel. University publications, such as the Commencement Bulletin and Student Directory will not list your name or other information about you. LEGITIMATE EDUCATIONAL INTEREST FERPA requires that this must be defined: 1. If questions arise regarding the release of student data, consult your immediate supervisor or contact the Office of Registration and Records. Student records are protected by FERPA, and their privacy is not impacted by FOIA. c) a school official’s right to obtain information Beyond any legal requirements, the university is bound by professional ethics to safeguard the integrity and confidentiality of student information. Private notes of a staff member concerning a student and intended for a staff members own use are not part of the student's educational record. A definition can be found in Penn State's University Policy on Confidentiality of Student Records, AD-11 . Faculty do not have access to the student academic records unless their normal job duties specifically require access. However, these staff members may encounter confidential information in the course of doing their job and are therefore required to respect the confidentiality of this data. Correct! Some university records are subject to the Illinois Freedom of Information Act (FOIA). Privacy Notice, Student Preferred/Proper Name Information, Undergraduate Request to Enroll in Graduate Course (PDF), Family Educational Rights and Privacy Act, Knowledge of laws and policies governing acceptable use and release of student records, An understanding of your responsibilities in complying with these laws and policies, An understanding of how to protect a student's right to privacy, Printouts that relate to specific student information, Photographic or electronic picture or image, Participation in officially recognized activities and sports, Weight and height of members of athletic teams, The most recent previous educational agency or institution attended by the student. The list goes on, but there’s one FERPA exception that we need to discuss in more depth because it requires a detailed definition of an unfamiliar term: The case of “legitimate educational interest.” When an institution can prove legitimate educational interest, FERPA may allow data to … The access provided for staff to do their jobs does not overlap into information that is not required of the position. Records not considered part of an education record include, but are not limited to, records of the law enforcement unit of an educational institution, records made or maintained by a physician or other recognized professional acting in his or her professional capacity, and records that only contain information about an individual after he or she is no longer a student at the institution. I will abide by all laws and policies governing the privacy and use of student information. The reasonable need to know, or legitimate educational interest, refers to how the access relates specifically to the duties you perform in your position at the University. As defined in FERPA, “legitimate educational interest” refers to: a) A faculty member’s need to provide feedback to students in the form of grades/evaluations b) The registrar’s need to obtain education record information from faculty to produce a student’s transcript If you have questions about FERPA, contact the Office of Registration and Records. When a student turns 18 years old, or enters a postsecondary institution at any age, the rights under FERPA transfer from the parents to the student ("eligible student"). The answer is true, students do have the right to inspect their educational record under FERPA. Non-directory information is any educational record not classified as directory information. 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