Directory Information is often misunderstood. Sharone Pasternak - Legal Intern, OGC. While concerns have been expressed about the limitations on the release of information, there are exceptions to FERPA’s general rule that educational agencies and institutions subject to FERPA may not have a policy or practice of disclosing “education records” without the written consent of the parent (at the K-12 level) or the “eligible student.” The exceptions which relate to postsecondary institutions are: ... •Read relevant FERPA sections •Utilized the PTAC document Guidance for Reasonable Methods & Written Agreements •Gathered example MOU’s •Created a draft •Asked PTAC for review •PTAC read and provided feedback through conference call •Made adjustments •Circulated to participating agency attorneys •Meeting sche PTAC in 2013Upcoming Publications & Videos. See §99.31 for information … �����YL��1�0��mf�L`~��i��������P��~�an�b����d�0�4�21�;0d0f'0�f=�;�0�C�/��� ;�tا2��%������&2�ĉL��L"��@DYy᢬"+� ��a W�'� endstream endobj 94 0 obj <>>> endobj 95 0 obj <>/Font<>/ProcSet[/PDF/Text/ImageC]/Shading<>/XObject<>>>/Rotate 0/StructParents 5/Tabs/S/Type/Page>> endobj 96 0 obj <>stream 9 Advanced FERPA: Exceptions! 24 Latest PTAC Materials FERPA Training Videos . h�b``�e``�f``��̀ FERPA Studies Exception Policy Procedure for qualifying the recipient and approving data sharing. As this letter makes clear, however, even when the school doesn’t directly own or manage the student account, any ed tech use mandated as part of the student’s educational process must comply with FERPA under the school official exception. Two of the most relevant to ASN grantees are: o School official exception: to the extent that AmeriCorps members are going in to schools FERPA also generally provides parents and eligible students with the right to inspect and review their education records, and the right to seek to amend information in their education records that is inaccurate, misleading, or in violation of the student’s rights of privacy. Latest PTAC … In most cases, consent is the best approach for sharing PII. https://studentprivacy.ed.gov. employees.!For!example,!an!SEA!may!disclosePII!from!education!records,!without!consent,!to!anoutside! Download Document. U.S. Department of Education . PII from education records disclosed under FERPA’s school official FERPA rights for eligible students and parents. Online Educational Services, FERPA and the PPRA. Why it matters to you: The various exceptions to FERPA can be confusing and difficult to keep track of. Transfer of Rights Under FERPA. 59 ADMN. Why it matters to you: The various exceptions to FERPA can be confusing and difficult to keep track of. 20 U.S.C. A parent cannot be directed to consent to an account for their child with insufficient privacy or TOS terms as a workaround to the standards required if the school was … Request PTAC Training or Technical Assistance; File a Complaint; File a Complaint; FERPA Exceptions Summary (Apr 2014) - 2-page Standard Size. (See 34 CFR § 99.31(a)(1)(i)). Discover (and save!) FERPA safeguards personally identifiable information and limits public disclosure of it. State and local educational authorities (and other FERPA-permitted entities listed in § 99.31(a)(3)) redisclosing PII … State and local educational authorities (and other FERPA-permitted entities listed in § 99.31(a)(3)) redisclosing PII … Opt-out provisions do not prevent data from being shared under the Audit/Evaluation or School Official exceptions. PTAC/The Department recognizes that there is a need for more guidance around protecting student privacy in an electronic age. Kala Surprenant - IDEA Part C Team Lead, OGC . Right to Inspect and Review Education Records. 1232g(a)(4) and 34 CFR § 99.3 4 FERPA establishes rights for parents. FERPA only applies to schools that receive federal education funds. to do so and it is otherwise permitted by FERPA. 04/22/2020 May include forms, contracts/data sharing MOUs, the method of securely transferring the data, and restric-tions on use. Collaborate with PTAC and other TA Centers to develop and disseminate useful resources for states. Confidentiality Provisions. Discover (and save!) : FERPA requires educational agencies and institutions to record all disclosures of PII from education records made under the audit or evaluation exception (§ 99.32). : FERPA requires educational agencies and institutions to record all disclosures of PII from education records made under the audit or evaluation exception (§ 99.32). The purpose of this guidance is to answer questions that school officials may have had concerning the disclosure of personally identifiable information from students’ education records to outside entities when addressing the Coronavirus Disease 2019 (COVID-19). 4!of! More PTAC information is available at . Close. your own Pins on Pinterest Features Fullscreen sharing Embed Statistics Article stories Visual Stories SEO. 93 0 obj <> endobj 140 0 obj <>/Filter/FlateDecode/ID[<2764060C1F9740F9894C78D28999594F>]/Index[93 79]/Info 92 0 R/Length 191/Prev 1354707/Root 94 0 R/Size 172/Type/XRef/W[1 3 1]>>stream any FERPA considerations and should be your FIRST option as it limits the risk of unauthorized PII disclosure. This gives you a simple two page or large single page “at-a-glance” view of FERPA exceptions. Page3of!8! Latest PTAC Materials FERPA Training Videos. •Directory Information •School Officials •Outsourced Services and Functions •Enrollment and Transfer •Research Studies •Audits and Evaluations •Health and Safety Emergencies •Judicial Order/Subpoena •Parents of 18 year-olds* •…and more! PTAC. PTAC–TRAN–3, February 2012 1 (855) 249-3072 privacyTA@ed.gov ptac.ed.gov ... FERPA transfer from the parents to the student, and he or she is known as an “eligible student” under FERPA. Remember that FERPA was enacted well before the preponderance of electronic data files and student information systems. FERPA includes provisions allowing students’ PII from education records to be disclosed without the prior written consent of parents, if the disclosure meets the criteria for one of the permitted consent exceptions. The Office of Educational Technology will host the Education Stabilization Fund – Reimagine Workforce Preparation Grants (ESF-RWP) Credential Interoperability pre-application webinar for prospective applicants July 16th, 2020. ( (( ( (! Personally identifiable information includes demographic data, biometric data, geographic data, and any information (included aggregated data) that can be used to trace an identity with reasonable certainty. ! FERPA Match Game. Institutions must also comply with FERPA’s other data protection provisions, such as its record-keeping requirements. Scope of FERPA FERPA prohibits institutions receiving federal funds from disclosing personally identifiable information contained in education records without the express written consent of the student unless doing so falls into one of several exceptions found in 34 C.F.R. services. The school official exception allows educational agencies to share PII from education records without consent with contractors, consultants, volunteers, or other parties to whom an agency or institution has ... PTAC, school volunteer, FERPA Classrooms increasingly employ Internet resources, virtual classrooms, personalized websites and social media as educational tools. FERPA exceptions Release without student written consent FERPA allows the institution the right to disclose education records or identifiable information to third parties (i.e., anyone not a “school official”) without the student's consent under the following circumstances: Helpful Resource 3: FERPA Exceptions Summary. We will talk specifically about these rights as we get into this presentation. UNL FERPA COMPLIANCE COORDINATOR. FERPA’s school official exception to consent is most likely to apply to the schools’ and districts’ relationships with service providers. Exceptions to FERPA: there are a few exceptions to the written consent requirements outlined in FERPA. Additionally, this isn’t legally binding and nothing in these “tips” guarantees your compliance with FERPA, but we hope it’s a helpful, clear guidepost! FERPA protects educational records, including students’ health records. All general questions and concerns related to interpreting and implementing FERPA statutes and Board of Regents FERPA rules at UNL should be first directed to: Steven Booton University Registrar. FERPA 201: Data Sharing under FERPA. IDEA and FERPA . Helpful Resource 3: FERPA Exceptions Summary. 9 Under FERPA, re-disclosing information from student records can only occur with prior written parental consent or under a FERPA exception. The U.S. Department of Education (ED) is working with Census to share updates on the 2020 Census. This gives you a simple two page or large single page “at-a-glance” view of FERPA exceptions. your own Pins on Pinterest Latest PTAC Materials FERPA Training Videos . FERPA 101 for LEAs. Nov 15, 2015 - This Pin was discovered by iep clearing House. The two exceptions contain specific, and slightly different, requirements, described more fully in the implementing regulations (34 CFR Part 99). exception to FERPA’s general consent requirement applies. In the event that a research project requires individual student level data FERPA exceptions may be made under certain circumstances. At the end of this chapter, we’ll discuss FERPA exceptions — like the fact that, in cases of legitimate educational interest, FERPA may allow data to be shared without consent. FERPA has several exceptions to the general requirement of consent that permit educational institutions to disclose PII from education records without consent, provided all applicable FERPA requirements are met. 22 Interactive quizzes, animated vignettes, and more Latest PTAC Materials FERPA Training Videos . %PDF-1.6 %���� Interactive quizzes, animated vignettes, and more . Although both laws are about protecting confidentiality, the protection afforded to education records (including health information in those records) is considerably less than HIPAA gives to records in your family doctor’s possession. 99.31. • FERPA does not identify exceptions in its statute or regulations that would permit a school to not comply with a parent’s request to inspect and review their child’s education records. h�bbd```b``����@$�>�d/�! 2 FERPA pre-test 1. A quick look at the four main FERPA Exceptions that allow you to share student data. These exceptions are discussed in further detail in Section IV. Two of these exceptions are discussed in this document – the studies exception and the audit or evaluation exception. FERPA includes provisions allowing students’ PII from education records to be disclosed without the prior written consent of parents, if the disclosure meets the criteria for one of the permitted consent exceptions. Three Interactive Training Videos . IDEA/FERPA Confidentiality Side by Side 1 . Aside from the two most common FERPA exceptions listed above, there are a number of other circumstances when prior consent is not required to disclose information about a student. 2. Nov 15, 2015 - This Pin was discovered by iep clearing House. Directory Information is often misunderstood. Frank Miller - Deputy Director, FPCO . But wait! The recording for this presentation can be found here. 23 FERPA Match Game Latest PTAC Materials FERPA Training Videos . So what is an “education record ” (K-12) under FERPA? FERPA for parents & eligible students. New Guidance: Disclosure Avoidance & Limiting Access to Pll FERPA 201: Data Sharing under FERPA US This video training is designed to help staff and officials at educational agencies and institutions understand their responsibilities around sharing Pll and other sensitive information from education records. Aside from the two most common FERPA exceptions listed above, there are a number of other circumstances when prior consent is not required to disclose information about a student. h޴YmO�:�+�x�P��ݖ&$��`l\�c >��--j˴����/qh��6U!�����g)�J0�j�%��pQ9ʴ��0n�Igqw�p�{��j. Family Educational Rights and Privacy Act (FERPA), Protection of Pupil Rights Amendment (PPRA), Request PTAC Training or Technical Assistance, FERPA and the Coronavirus Disease 2019 (COVID-19), Colleges and the 2020 Census - Coronavirus Update, FY 2020 Education Stabilization Fund – Reimagine Workforce Preparation (ESF-RWP) Grants Program Credential Interoperability Webinar, Data Transfer in the Larger Education Ecosystem. Latest PTAC Materials FERPA Training Videos. Latest PTAC Materials FERPA Training Videos Three Interactive Training Videos – FERPA 101 for LEAs – FERPA 101 for Colleges & Universities – FERPA 201: Data Sharing under FERPA . For additional resources on FERPA, please see: U.S. Department of Education ; FERPA/Sherpa 20 U.S.C. Privacy Act (FERPA) This document is intended for Local Education Agencies (LEAs) and schools to give to their volunteers to inform them about their responsibilities to protect students’ personally identifiable information from education records acquired under FERPA’s school official exception. Last Updated: April 2014. When records are protected by FERPA, HIPAA does not apply. There are exceptions! 6� ��j���H�y R� H2� �ov��/��.� �M� l~-B�Z�},k f���M ��� � �w�`��@�����~X�>�=��0[H�)0``���PlȐ���~` A� endstream endobj startxref 0 %%EOF 171 0 obj <>stream The exceptions which relate to postsecondary institutions ... •Read relevant FERPA sections •Utilized the PTAC document Guidance for Reasonable Methods & Written Agreements •Gathered example MOU’s •Created a draft •Asked PTAC for review •PTAC read and provided feedback through conference call ED’s FERPA/IDEA Cross-Walk (PDF) – This document provides side-by-side comparisons of legal provisions and definitions in IDEA Part B, IDEA Part C and FERPA. § 99.5. As such, FERPA is very unclear around the protection of electronic student records. FERPA Exceptions (FAQ) FERPA Exceptions (flowchart by data type) Video Trainings . The rights guaranteed by FERPA belong to students and their parents, but not necessarily both at the same time. With this webinar we hope to expand the conversation around education data transfer and blockchain technologies. You can find specific exceptions at the times marked below. The FERPA Exceptions Summary is intended to be a handy visual aid to help identify, at a glance, what FERPA exception applies to the data sharing work you are trying to do. For more information about FERPA, please visit NOTE: student information that has been shared under the "directory information" exception, is not protected by FERPA, and thus is not subject to FERPA’s use and re-disclosure limitations. the permitted consent exceptions. 23 FERPA Match Game Latest PTAC Materials FERPA Training Videos . In most cases, consent is the best approach for sharing PII. PTAC provides timely information and updated guidance through a variety of resources, including training materials and opportunities to receive direct assistance with privacy, security, and confidentiality of student data systems. Disclaimer. The following are categories of people/organizations that may not need express student consent to gain access to certain information about students. What does it address? The school official exception allows educational agencies to share PII from education records without consent with contractors, consultants, volunteers, or other parties to whom an agency or institution has ... PTAC, school volunteer, FERPA When a student turns 18, or enrolls at a postsecondary institution at any age, those rights transfer to the student. However, FERPA includes several exceptions that permit the disclosure of PII from education records without consent. PTAC has recognized that schools increasingly use online educational services to fulfill their educational mission. any FERPA considerations and should be your FIRST option as it limits the risk of unauthorized PII disclosure. Technical Assistance Center (PTAC) is issuing this technical assistance document to remind SEAs and LEAs of their responsibilities under FERPA, IDEA, and PPRA, and to provide best practice recommendations for protecting student privacy when contracting to administer these examinations. The school official exception allows educational agencies to share PII from education records without consent with FERPA Notice to Chief State School Officers This letter is meant to inform State Education Agencies about their responsibilities regarding federal privacy laws including FERPA and PPRA. ED's Transparency Best Practices for Schools and Districts – This ED webinar provides federal guidance on promoting transparency when complying with FERPA’s annual parental notification requirements. 1232g(d) 5 34 CFR § 99.12 PTAC-FAQ-9, January 2017 3!!!! Identifyandcomplywithal lapplicablelegalrequirements,includingmaintainingthedataina ! This website and DaSy products were developed under a grant from the U.S. Department of Education, #H373Z190002. A case in point would be a situation in which the parent does not live within commuting distance of the school. When om education records PII fr is disclosed to the provider, FERPA still governs its use, and the school or district is responsible for its protection. It is NOT intended to interpret or provide comment on whether sharing of data with other agencies is permissible under other federal, state, or local laws.. State and local laws may have MORE stringent protections around privacy and security of education data and other state agency associated data. • The more specific provisions in the new Part C regulations published on September 28, 2011, (which regulations are consistent with, and incorporate the protections under, FERPA) govern the confidentiality rights of infants and toddlers with disabilities and their parents. the permitted consent exceptions. Try. FERPA includes a number of exceptions that permit disclosing PII for certain purposes without parental consent: – “Directory Information” – School Officials – “Studies” – “Audits and Evaluations” – Health and Safety emergencies among others. 25 FERPA Match Game ... – FERPA Exceptions (FAQ) • Flowchart explaining when each exception may apply FERPA 101 for Colleges & Universities. on limited knowledge or understanding of privacy laws like FERPA. June 2014. Issuu company logo. Overviews key provisions of federal laws concerning data security and privacy, NYS Education Law 2-d, and the Student Privacy Pledge. The following are categories of people/organizations that may not need express student consent to gain access to certain information about students. The various exceptions to FERPA can be confusing and difficult to keep track of. Procurement Technical Assistance Centers (PTACs) Free Help with SAM Registration – and other government contracting issues.. System for Award Management (SAM) registration is FREE, and your PTAC can help you with this and everything else you need to sell to federal, state and local government agencies at little or no charge. • December 7, 2:00 EST “FERPA 101: Basic FERPA for LEAs” • January 11, 2:00 EST “Data Sharing Under the New FERPA Regulations” Please check the PTAC website for additional webinars in February and March dealing with FERPA considerations for post secondary institutions and FERPA in the context of special education. Exceptions. FERPA includes a number of exceptions that permit disclosing PII for certain purposes without parental consent: – “Directory Information” – School Officials – “Studies” – “Audits and Evaluations” – Health and Safety emergencies among others. When schools and districts outsource institutional services or functions, FERPA permits the disclosure of PII from education records to contractors, consultants, volunteers, or other third parties Under FERPA, a student to whom the rights have transferred is known as an “eligible student.” Although the law does say that the parents’ rights afforded by FERPA transfer to the “eligible student,” FERPA clearly provides ways in which an institution can share education records on the student with his or her parents. The contents and resources do not necessarily represent the policy of the U.S. Department of Education, and you should not assume endorsement by the Federal Government. exception to FERPA’s written consent requirement, however, additional legal requirements regarding destruction of that PII may apply. Page. This video covers some of the lesser known FERPA exceptions. Latest PTAC Materials FERPA Training Videos . • FERPA Exceptions Summary • Guidance for Reasonable Methods and Written Agreements • Cloud Computing FAQ All these resources and more can be found at the PTAC website: https://studentprivacy.ed.gov Exceptions to FERPA: there are a few exceptions to the written consent requirements outlined in FERPA. New FERPA Guidance on Permitted Disclosures Necessary to Protect Health or Safety. Opt-out provisions do not prevent data from being shared under the Audit/Evaluation or School Official exceptions. Records under FERPA FERPA permits non-consensual disclosure of PII from education records under several exceptions Staff or employees who need access to perform duties – School official exception – “Legitimate educational interest” External entities – Studies exception – Audit or evaluation exception – Uninterrupted Scholars Act Join us for a conversation around the privacy implications to sharing data throughout a lifelong learner’s journey. • FERPA Exceptions (Studies) Video • Model Written Agreement Checklist (PTAC) • Written Agreement Guidance(PTAC) Maintain!the!right to!audit! PTAC FERPA’s “studies” and “audit or evaluation” exceptions require the disclosing agency or institution to enter into a written agreement with the third party receiving the PII … FERPA for Postsecondary Baron Rodriguez, PTAC. A Service of the Privacy Technical Assistance Center and the Student Privacy Policy Office. 6! FERPA Revisions Overview. ... (“PTAC”) —an online ... ’ education records or personally identifiable information (“PII”) without written consent, subject to certain exceptions. For additional resources on FERPA, please see: • U.S. Department of Education • FERPA/Sherpa. 3 20 U.S.C. 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”). �,�"9�H�w`� ���"�'I��� 6k��� Two commonly used exceptions to FERPA’s written consent requirement provide more specificity regarding data destruction. 2 PTAC Guidance Document This webinar is a high-level overview of PTAC’s recent guidance: ED’s FERPA/IDEA Cross-Walk (PDF) – This document provides side-by-side comparisons of legal provisions and definitions in IDEA Part B, IDEA Part C and FERPA. The various exceptions to FERPA can be confusing and difficult to keep track of. FERPA generally applies to records subject to Part C of IDEA. Latest PTAC Materials FERPA Training Videos. Under IDEA Part B regulations, re-disclosures also cannot occur without written parental consent or an applicable exception. This presentation is intended to discuss the current FERPA regulations. 402-472-2625. sbooton2@unl.edu Data, and the student privacy Pledge the U.S. Department of education, # H373Z190002 without written consent! And disseminate useful resources for states records can only occur with prior written parental consent under... Of securely transferring the data, and the student privacy Policy Office ( d ) 34... Other data protection provisions, such as its record-keeping requirements security and privacy, NYS education Law 2-d and. Sharing MOUs, the method of securely transferring the data, and restric-tions on use education transfer... Or Safety Part C Team Lead, OGC does not live within commuting of... A grant from the U.S. Department of education ( ED ) is working with Census to share updates on 2020! 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