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FERPA FAQ 1. What is FERPA? The Family Educational Rights and Privacy Act of 1974 (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. 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"). 2. What are the basic rules of FERPA? Student educational records are considered confidential and may not be released without the written consent of the eligible student. An employee may have access to information only for legitimate use in completion of responsibilities as a University employee. 3. Who is protected under FERPA? Students who are currently enrolled in higher education institutions or formerly enrolled, regardless of their age or status in regard to parental dependency. Students who have applied but have not attended an institution do not have rights under FERPA. 4. How does FERPA apply to faculty and staff? The law requires faculty and staff to treat students’ educational records in a legally specified manner. Grades: Students’ scores or grades should not be displayed publicly. Even with names obscured, numeric student identifiers are considered personally identifiable information and may not be used. Grades, transcripts or degree audits distributed for purposes of advisement should not be placed in plain view in open mail boxes located in public places. Papers: Graded papers or tests should not be left unattended on a desk in plain view or in a public area, nor should students sort through them in order to retrieve their own work. Class rosters/grade sheets: These and other reports should be handled in a confidential manner and the information contained on them should not be disclosed to third parties. Parents: Parents, spouses and other relations do not have a right to information contained in a student’s educational records. 5. What is legitimate educational interest? A University employee has legitimate educational interest if he/she is performing a task:
6. How do we inform students, faculty and staff about FERPA? Educational agencies and institutions are required to notify parents and eligible students about their rights under FERPA. Roosevelt notifies students by publishing the confidentiality policy in the annual student handbook. We notify faculty and staff when they are first hired and we distribute the policy annually to all faculty and staff through electronic mail or to their mailing address. 7. What is considered a Student Educational Record? Just about any information provided by a student to the University for use in the education process is considered a student educational record. Examples include:
8. What is "Directory Information"? FERPA defines "directory information" as information contained in the educational records of a student that would not generally be considered harmful or an invasion of privacy if disclosed. At Roosevelt University, directory information is:
9. Can a student request that the University withhold Directory Information and what is the procedure to follow? A student may request to have Directory Information withheld. The student must make a written request to the University registrar before Friday of the second week of classes. 10. What are some of the more common violations of FERPA?
11. Can a faculty member give a reference about a student if that student makes such a request? Yes, a faculty member may provide a reference, however the faculty member should first ask the student to make the request in writing and authorize the disclosure of information. 12. How should an employee respond if law enforcement officials provide a subpoena with their request for information? Employees should refer the law enforcement official to the Office of the Registrar. While it may be necessary to release the information, the University may still have a responsibility to notify the student. 13. What rights do parents and spouses have in terms of access to student information? Without exception, all FERPA rights transfer to the student when the student either reaches the age of eighteen or moves into post-secondary education, regardless of age. This means that Roosevelt faculty and staff may not discuss anything about a student without advance written notice from that student. If the student has properly requested that we withhold Directory Information, faculty and staff cannot even acknowledge that the individual is a student at Roosevelt. 14. If a department keeps separate records for students in particular majors, are these records also subject to FERPA regulations? Yes. All records are subject to FERPA regulations. 15. Who should one contact with FERPA questions? At Roosevelt, individuals may address questions to the Office of the Registrar at 312-341-3530. 16. Who monitors FERPA compliance? The Family Educational rights and Privacy Act Office monitors compliance. Individuals may contact the office at U.S. Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202.
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