Family Educational Rights and Privacy Act
FAQS ABOUT FERPA AND BGSU POLICIES
BGSU Policies and FERPA Rights How do BGSU polices regarding FERPA protect the rights of its students? At what point do privacy rights transfer from parents to students under FERPA? Why are BGSU's policies slightly different than those at other universities? Education Records Protected by FERPA: What kinds of information are included in student education records under FERPA? What kinds of information are NOT considered education records? What is the definition of directory information under FERPA? How do BGSU policies regarding FERPA protect the rights of its students? What information does BGSU include in student directory information? What is included in FERPA's definition of personally identifiable information? Does financial aid information require eligible student or parent consent prior to disclosure? Implications of FERPA for Students, Parents, Faculty and Staff: What does it mean to be an eligible student (student) at BGSU under FERPA? At what point is an individual no longer considered a student under BGSU's FERPA regulations? When is a student considered in attendance at BGSU? Who qualifies as a parent at BGSU under FERPA? Under what conditions is an individual considered a University official? Implementation of FERPA at BGSU: What does the term disclosure mean, and what type of records does it cover at BGSU? What constitutes a legitimate educational interest? FERPA in Relation to other State or Federal Laws Ohio is an "open records" state. Does this mean that Ohio Sunshine Laws override FERPA? What is the Solomon Amendment and what does it have to do with FERPA? ___________________________________________________________________ How do BGSU policies regarding FERPA protect the rights of its students? As a public institution of higher education, BGSU complies with FERPA regulations and informs students, parents, faculty, administrators and staff of their rights and responsibilities annually. The BGSU FERPA policy:
___________________________________________________________________ At what point do privacy rights transfer from parents to students under FERPA? The Family Educational Rights and Privacy Act transfers both rights and responsibilities from parents to students in its protection of student education records at the post secondary level. Students at BGSU have a certain degree of control over who has access to their records depending on their status as a tax dependent, the nature of the information requested, and the reason for accessing or disseminating the information. Generally, students’ parents will not have access to their grades without their written authorization. ___________________________________________________________________ Why are BGSU's FERPA policies slightly different than those at other universities? FERPA affords each institution some latitude in establishing its own policies, defining relevant terms, and conveying critical information for the health and safety of individual students and other members of the institution within the legal parameters of the Act. BGSU may be more stringent in its protection of student education records, but not less than what FERPA calls for. ___________________________________________________________________ What kinds of information are included in student education records under FERPA? Education records are directly related to a student and his or her experience at BGSU and maintained by the University or by an agency acting on behalf of the institution, including but not limited to:
These records may be maintained in a variety of formats such as those that are hand-written, typed, computerized or stored in audio-visual or digital media. ___________________________________________________________________
___________________________________________________________________ FERPA defines a student, at all levels of education,as any individual who is or has been in attendance at an educational agency or institution and regarding whom the agency or institution maintains education records. Under FERPA's guidelines for higher education, an eligible student refers to a student who has reached 18 years of age or is attending an institution of post-secondary education, regardless of age. When a student becomes an eligible student, the rights accorded to, and consent required of, parents transfer from the parents to the student. [Section 99.5(a)] BGSU's FERPA policy defines an eligible student as an individual who has received an offer of admission to a college of the University, or who has been accepted for enrollment in one or more classes offered by a college or other academic unit of the University. Conditional to this definition is that the individual has either:
___________________________________________________________________ At what point is an individual no longer considered a student under BGSU's FERPA regulations?
___________________________________________________________________ When is a student considered in attendance at BGSU? A student is in attendance when participating academically in person, by correspondence, or through online courses. This definition also includes work related to the student's educational experience such as co-ops, internships, and work-study programs.It is not enough to be enrolled; the student must be engaged in academic pursuit. ___________________________________________________________________ Who qualifies as a parent at BGSU under FERPA? The definition of parent includes the natural, adoptive, or step parent of a BGSU student or a guardian or individual acting as a parent in the absence of a parent or guardian. Full rights are afforded to both parents unless an order, state statute, or other legally binding document has revoked the parent's rights. ___________________________________________________________________ Under what conditions is an individual considered a University official? The term University official includes any individual employed by BGSU in an administrative, supervisory, academic, research or support staff position or a student serving in an official capacity, such as a member of a disciplinary or grievance committee, or in assisting another school official in performing his or her tasks. In addition, representatives of companies or agencies with whom the University has contracted (such as consultants, external auditors, or attorneys) are considered University officials if they have legitimate educational interests in the information. (For more information Click Here) ___________________________________________________________________ What relevance does this definition of University official have for implementation of FERPA and the rules of disclosure at BGSU? FERPA mandates restrictions on who does and does not have access to student education records as well as when and for what reasons particular individuals have access. These restrictions are related to student and parent rights to review, amend and challenge the records. They also prescribe the conditions under which all individuals functioning as University officials have the right and/or responsibility to access or disclose student records in the interests of education, health and safety of the student and others at the institution. In this sense, access to the records is based solely on an individual's need to execute his or her job responsibilities. Review of student education records for mere curiosity or purveyance is never authorized or tolerated. ___________________________________________________________________ What does the term disclosure mean, and what type of records does it cover at BGSU? Disclosure permits review of official education records or the personally identifiable information maintained in a variety of formats, including oral, written, or electronic media, within the context of FERPA regulations. Only with consent of the eligible student or verification that the student is a dependent of the parent, as defined in section 152 of the Internal Revenue Code of 1986, do parents maintain the standard rights of disclosure. [Section 99.31(a)(8)] ___________________________________________________________________ What is the definition of directory information under FERPA? Directory information constitutes a basic profile based on information contained within student education records that generally is not considered harmful or an invasion of privacy if released. FERPA provides latitude in each institution's designation of directory information and does not mandate that it be made available upon request. ___________________________________________________________________ What information does BGSU include in student directory information? Bowling Green State University has designated the following information as directory information:
This information may be released to a third party unless the student has requested that his/her directory information be withheld.If the student has not requested that the information be withheld, BGSU may (but is not required to) release any of the information. The University does not release lists of student names or other information to off-campus businesses or agencies except as required by law. ___________________________________________________________________ What is included in FERPA's definition of personally identifiable information? Personally identifiable information makes a student's identity easily recognized, including, but not limited to:
___________________________________________________________________ Ohio is an “open records” state. Does this mean that Ohio Sunshine Laws override FERPA? The Ohio Revised Code § 3319.321, which contains its own version of FERPA, takes precedence over the open records laws and provides similar protection of student education records, including disciplinary records and excepting directory information. Ohio laws are particularly stringent in protecting the rights of individuals receiving mental health care. ___________________________________________________________________ What, if any, is the relationship between FERPA and the Health Insurance Portability and Accountability Act (HIPAA)? HIPAA defers to FERPA in the matter of medical information deemed education records under FERPA: "(2) Protected health information excludes individually identifiable health information in ... education records covered by the Family Education Rights and Privacy Act as amended, 20 U.S.C. 1232g...." According to the US Department of Education’s Family Policy Compliance Office which oversees enforcement of FERPA, “ The important piece for school officials to understand is that health records are ‘education records’ subject to FERPA, not HIPAA. ” (See: Interview with LeRoy Rooker, Director Family Policy Compliance Office, U.S. Dept. of Education .) Regardless, BGSU student medical records are maintained separately from student education records and are not available to anyone without student consent. Consequently, FERPA’s health and/or safety emergency exception governs disclosure of student health records to parents or other entities with a “need to know” to protect a student or others who may come in harm’s way. The Ohio Revised Code’s concept of “good faith” grants immunity to state employees who acted or released medical or education records with good intentions for the health and safety of the individual student or others who may have been at significant risk. ___________________________________________________________________ What is the Solomon Amendment and what does it have to do with FERPA? Although distinct from FERPA, the Solomon Amendment is a federal law that allows each branch of the military to visit campuses, recruit students and have access to student recruiting information for students who are 17 and older and enrolled for at least one credit hour. Under this law, BGSU must release students’ name, address, phone number, date of birth, class rank, major, place of birth, degrees earned, and the most recent educational institution attended. The Army, Navy, Air Force, Coast Guard, Marine Corps and including their Reserve or National Guard component are each limited to one request per semester for this recruiting information. These requests should be referred to Registration and Records . (See: Supreme Court Rules on Solomon Amendment ) ___________________________________________________________________ | |
MyBGSU
Email
Search
Directory
Academics
Admissions
The Arts
Athletics
Library
A to Z Links
Bowling Green State University