- Jun 2024
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o the creator or originator of that record in order to verify authenticity without the student’s permis
You can verify authenticity of records wo permission
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Example Scenarios
Great example cases
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www.bates.edu www.bates.edu
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provide a letter of recommendation for a student that includes grades unless you have received written consent from the student to release this information for this explicit purpose.
Can't put grades in a Letter of Recommendation without written consent
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provide anyone outside the college with lists of students enrolled in classes;
Class rosters are protected
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teaching.resources.osu.edu teaching.resources.osu.edu
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If you teach several sections of the same course but the students do not interact with each other in a physical classroom or online, the courses cannot be merged in Carmen.
if they are not combined in Colleague - they can't be in Canvas - good to know. It's not just an integration issue - its FERPA
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www.edsurge.com www.edsurge.com
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The teacher who saw the incident in-person can speak about it because FERPA is not a confidentiality law. It only protects what’s in a student’s education record.
Interesting - only what is in records is protected.
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If a school denies access to student records to a parent of a student under the age of 18, that’s a FERPA violation
this is good to know parents of kids under 18 must have access to records
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One is that, generally, higher education institutions can choose to release a students’ education records to both parents, provided that at least one parent claims the student as a dependent for tax purposes.
INteresting - Baylor won't do this.
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“It should be clear that [the data] belongs to the school, not to the vendor, and that the vendor’s responsibility is to process it for the benefit of the school and its students, and not for the vendor’s own benefit,” McDonald says.
FERPA and 3rd party Vendors
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studentprivacy.ed.gov studentprivacy.ed.gov
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“Law enforcement unit records” (i.e., records created by the law enforcement unit, created for a law enforcement purpose, and maintained by the law enforcement unit) are not “education records” subject to the privacy protections of FERPA. As such, the law enforcement unit may refuse to provide a parent or eligible student with an opportunity to inspect and review law enforcement unit records, and it may disclose law enforcement unit records to third parties without the parent or eligible student’s prior written consent
Law enforcement records is not FERPA protectd
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www2.ed.gov www2.ed.gov
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Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them.
Definition of Directory Information : name address phone date & place of birth honors and awards dates of attendance.
Students can "opt out" of directory information.
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schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31): School officials with legitimate educational interest; Other schools to which a student is transferring; Specified officials for audit or evaluation purposes; Appropriate parties in connection with financial aid to a student; Organizations conducting certain studies for or on behalf of the school; Accrediting organizations; To comply with a judicial order or lawfully issued subpoena; Appropriate officials in cases of health and safety emergencies; and State and local authorities, within a juvenile justice system, pursuant to specific State law.
Who you can release information to without student consent.
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The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
FERPA definitions
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These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level.
Parent's rights end with 18 and / or college and transfers to students
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