Ferpa information for MGH Institute students

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Family Educational Rights and Privacy Act (FERPA) Information for Students MGH Institute of Health Professions Use your down arrow or click your mouse to advance through the presentation

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FERPA guidelines for MGH Institute students.

Transcript of Ferpa information for MGH Institute students

Page 1: Ferpa information for MGH Institute students

Family Educational Rights and Privacy Act (FERPA)

Information for StudentsMGH Institute of Health Professions

Use your down arrow or click your mouse to advance through the presentation

Page 2: Ferpa information for MGH Institute students

What is FERPA?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.

FERPA was passed in 1974 and is one of the oldest federal privacy laws.

It prohibits schools from releasing student “education records” without the consent of the eligible student.

FERPA applies to all schools that receive federal funding.All students enrolled in institutions of higher education,

regardless of age, own their FERPA rights.

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Defining Educational RecordsRecords, files, documents, and other materials that

contain information directly related to a student and which are maintained by an educational agency or institution or by a party acting for the agency or institution.

This is very broad definition as it encompasses paper files, electronic files, video recordings, audio recordings, and other data.

Educational records are made up of “Directory” (described in upcoming slides) and “Non-Directory” information.

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Student Rights

Student rights begin when a student registers for courses for the first time. These rights include:Inspection and review of educational records.Requesting an amendment of educational records.Consent to the disclosure of educational records.Filing a complaint with the FERPA office in Washington, D.C.Obtaining a copy of the school’s FERPA policy.

The Institute publishes its FERPA policy in the most current online catalog under the Students Rights to Privacy Information – FERPA section and students are informed in our Annual Notice to Students.

FERPA information can also be found on the Registrar’s section of our website.

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How is FERPA enforced?FERPA is legally enforced through the Department of

Education’s Family Policy Compliance Office.People cannot sue a school for violating FERPA. This was

addressed by the U.S. Supreme Court in Gonzaga University v. Doe.

FERPA authorizes the Department of Education to end ALL federal funding to a school. This penalty is rare. In all of FERPA’s history, this sanction has never been imposed on a school.

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DisclosureThe Institute may disclose directory information without consent.

The Institute must allow eligible students a right to opt out of the disclosure of directory information.

The Institute must have written permission from the student to release any part of their education record that is not considered to be directory information.

Exceptions to the previous bullet include, but are not limited to,School official with legitimate educational interest (defined in upcoming

slide).Subpoena or court order.Health or safety emergency.

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Disclosure (continued)DISCLOSURE TO PARENTS:At institutions of higher education, FERPA rights belong to the student , and

parents are generally not entitled to access the student’s record without the student’s written consent.

According to federal law, disclosure to parents is permitted, but not required, only in the following situations. If the student is claimed as a dependent for federal income tax purposes. Note

– this is up to the individual Institution. In a health or safety emergency. If the student is under 21 years old, and the information involves disciplinary

records about an incident involving the possession of drugs or alcohol.

It is important to note that the Institute has chosen not to communicate any non-directory education record information to parents without written consent from the student.

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Legitimate Educational InterestNon-directory (confidential) education records can be

released without the student’s prior consent to an Institute official with legitimate educational interest, which is defined as:Performing a task that is specified in his/her position

description or contract.Performing a task related to a student’s education or a

student’s discipline.Providing a service or benefit to the student.Maintaining safety and security on campus.

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What isn’t covered by FERPA?Sole Possession (personal) notes

Used only to aid your memory. Kept for your own use. Are not shared with anyone. If you share these with anyone, including school officials, they become FERPA records.

Observations or personal knowledge; Example: overhearing a student making a threatening comment, a student’s demeanor

or mood, etc.Law enforcement/public safety records;

Maintained solely for law enforcement purposes.Employment records;

As long as employment is NOT connected to student status.Treatment records;

Made and maintained by a health care professional as part of medical/psychological treatment of the student.

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DisclosureThe Institute may disclose directory information without consent.

The Institute must allow eligible students a right to opt out of the disclosure of directory information.

The Institute must have written permission from the student to release any part of their education record that is not considered to be directory information.

Exceptions to the previous bullet include, but are not limited to,School official with legitimate educational interest (defined in upcoming

slide).Subpoena or court order.Health or safety emergency.

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Disclosure (continued)DISCLOSURE TO PARENTS:At institutions of higher education, FERPA rights belong to the student , and

parents are generally not entitled to access the student’s record without the student’s written consent.

According to federal law, disclosure to parents is permitted, but not required, only in the following situations. If the student is claimed as a dependent for federal income tax purposes. Note

– this is up to the individual Institution. In a health or safety emergency. If the student is under 21 years old, and the information involves disciplinary

records about an incident involving the possession of drugs or alcohol.

It is important to note that the Institute has chosen not to communicate any non-directory education record information to parents without written consent from the student.

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Directory InformationInformation contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed. (1988 Final Regulations)

Directory information as defined by the Institute:Name, address, telephone listing, email Address, Photograph, Date and Place of Birth, Class, Enrollment Status, Major Field of Study, Participation in official recognized activities, Dates of attendance, academic honors, Degrees and awards received, the most recent previous educational agency or institution attended.

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Directory InformationStudents may opt to restrict the release of their Directory

information. FERPA flags will not exclude the student from appearing on

internal reports used by school officials with legitimate educational interest.

The only exclusion that applies to school officials is the release related to internal mailing lists based on ethnicity.

Students may set these flags by going to IONLINE and setting their privacy options.

Please note that any requests for directory information on individual students or groups of students should be sent to the Registrar’s Office.

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Legitimate Educational InterestNon-directory (confidential) education records can be

released without the student’s prior consent to a school official with legitimate educational interest, which is defined as:Performing a task that is specified in his/her position

description or contract;Performing a task related to a student’s education or a

student’s discipline;Providing a service or benefit to the student; orMaintaining safety and security on campus.

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When do the FERPA rights of a student begin? At application? Admission? Payment? Enrollment?

The FERPA rights of a student begin when the student is first registered for courses.

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Thank you for reviewing FERPA Informationfor Students at the

MGH Institute of Health Professions

If you have any questions, please contact the Registrar’s Office at

[email protected]