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Putting Policy Into Practice: A Federal Educational Rights & Privacy Act (Student Privacy) Tip Sheet

Written by

Jeremy Van Hof

/ Published on

AUTHORS:

This post was written by Dr. Melissa McDaniels (of the MSU Graduate School), Dr. Patricia Stewart (of the MSU Academic Advancement Network), and Madeline Shellgren (of the MSU Graduate School).

 

 

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.

Policy Link (s):

https://reg.msu.edu/ROInfo/Notices/PrivacyGuidelines.aspx

MSU Office (s):

Office of the Registrar – https://reg.msu.edu/ROInfo/Notices/PrivacyGuidelines.aspx

Office of the Ombudsperson – https://ombud.msu.edu/

TIPS FOR FACULTY, ACADEMIC STAFF AND GRADUATE TAs

LEAD – respond, model and engage in ongoing learning

  • Understand and follow FERPA guidelines.
    • “Education records” are considered records that contain information that is personally identifiable to a student, and is maintained by an institution.
    • “Directory information” (determined by the institution) is considered information that may be released without student consent*. Examples include: student’s name, contact information, enrollment status, program of study, degrees, etc.
    • Protect student educational data.
      • Refrain from posting grades or leaving student work in public areas.
      • Do not discuss student academic records with those who do not have “legitimate educational interest”. Parents, spouses, or other family members are not considered to have legitimate educational interest, so consent to discuss student progress must be obtained from the student before such information can be shared.
      • Handle student lists as if they are protected.
    • Ask for permission from students before sharing any of their work – making sure to obtain written consent in the form of a hard copy or email.
    • Report any possible violations to the registrar’s office. Occasionally mistakes happen. In order to mitigate any further issues, call the registrar’s office and explain the situation. They will advise you if anything further needs to be done. It is better to let someone know about a possible problem than to do nothing.

EMPOWER – Help students make their own choices and develop confidence and competence by creating conditions for inclusive teaching and learning & ADVOCATE – Refer students to campus and community resources and follow through and check-in with students.

  • Provide guidance when needed – refer students to the appropriate resources for understanding who has access to their information and that if they choose to share this information, where to find the appropriate forms to submit.
  • Inspection of their academic record – students have the right to inspect their academic record maintained by the Registrar’s Office.
  • Suppression of directory information – students have the right to suppress disclosure of any directory information (data that is not deemed private) for any reason. It is good practice to treat inquiries for directory information about students as though they are suppressed, as you may not know whether or not students have opted to restrict their directory information.

DESIGN –  You use a lens sensitive to student privacy to make decisions about your curriculum, how you engage students, and how you assess learning and get student feedback.

  • Ensure that your classroom practices follow FERPA guidelines.

  • If you are using external sources for course experiences, be certain that they are not collecting student data or work.
    • Websites or other digital tools and resources can be engaging and useful educational tools, but it is important to investigate what information is being collected about your students, where it may be stored and who has access to it. IT Services Teaching and Learning (https://tech.msu.edu/teaching/) can assist with considerations for implementing these tools if you have questions.
  • Instructors will have access to systems and resources that are password protected and need to be kept secure. Examples include:
    • Academic progress reports
    • Academic dishonesty reports
    • Grade submission and changes
    • Class lists and student photos
    • Textbook and course material entry

RESOURCES

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