Family Educational Rights and Privacy Act of 1974 (FERPA)- (DRAFT)

This policy in the current form can be found here – https://cam.illinois.edu/policies/asa-08/

Purpose:

The University of Illinois Urbana-Champaign maintains individual records and information about its students in order to provide educational, vocational, and personal services to them. The purpose of this policy is to foster the university’s compliance with laws governing the privacy, integrity and availability of such student education records, specifically the Family Educational Rights and Privacy Act of 1974 (“FERPA”), as amended.

Scope:

This policy applies to university trustees, agents, students (former and current), and volunteers, contractors and others to whom the university has outsourced institutional services or functions.

Authority:

Primary responsibility for FERPA implementation is assigned to the Chancellor. See, Student Code, Article 3-601 Authorization and Responsibility for Policy Implementation.

Policy:

The university is committed to maintaining the privacy of student education records and to providing students the right to inspect, review and correct their records and to control the release of their personally identifiable information to third parties as contemplated by FERPA. The Office of the Registrar is responsible for providing eligible students or parents at least annually with effective notification of their rights under FERPA, either through the Registration Agreement presented to students as part of their online registration each semester, or by other means. The rights and responsibilities under FERPA are set forth in the Student Code, as indicated below.

I. Access to Student Records
Guidelines and regulations governing the access and release of education records are described in the Student Code, Article 3-603 Access to Student’s Personally Identifiable Education Records.

II. Regulations for Record Custodians
Regulations for Record Custodians, including information regarding requests to review records and to suppress directory information, are available in the Student Code, Article 3-604 Regulations for Record Custodians.

III. Classification, Locations, and Custodians of Student Records
Guidelines and Regulations regarding the classification, locations, and custodians of student records are described in the Student Code, Article 3-605 Classification, Locations, and Custodians of Student Records.

Processes/Procedures/Guidelines:

I. Procedures for Students
Procedures for student access and challenge are described in the Student Code, Article 3-606 Procedures for Student Access and Challenge.

II. Chancellor’s Hearing Panel
General principles and guidelines for the Chancellor’s hearing panel are explained in the Student Code, Article 3-607 Chancellor’s Hearing Panel.

III. Disposal of Inactive Records
Guidelines for the disposal of inactive records are available in the Student Code, Article 3-608 Disposal of Inactive Records.

IV. Release of Student Information and Academic Records
Procedures governing the release of records by the Office of the Registrar are set forth in the  Student Code, Article 3-609 Release of Student Information and Academic Records by the Office of the Registrar.

V. Health Insurance Portability and Accountability Act of 1996 (HIPAA)
The HIPAA Privacy Rule specifically excludes from its coverage those records that are protected by FERPA by excluding such records from the definition of “protected health information.”

Definitions:

I. “Student” is defined as a person who is or has been in attendance at the University of Illinois, and for whom the university maintains education records or personally identifiable information.

II. “Education records” are those records, files, documents, and other materials that contain information directly related to the student and are maintained by the university or by a person acting for the university. Under FERPA, each student has the right to inspect their education record.

Exclusions:
a. Sole possession records (personal memory aids that are not accessible or revealed to others except to a temporary substitute for the maker of the record).
b. Alumni records that are created or received by the university after an individual is no longer a student in attendance and are not directly related to the individual’s attendance or academic progress as a student.
c. Grades on peer graded assignments until they are collected and recorded by an instructor.

III. At the university, “directory information” for currently enrolled students includes the student’s name, addresses (including email), telephone numbers, University Identification Number (UIN), college, curriculum, and major field of student, class level, date of admission, expected graduation date, date of birth, dates of attendance and full- or part-time status, attendance site (campus/location), eligibility for membership in registered university honoraries, degrees, honors, and certificated received or anticipated; for students appointed as fellows, assistants, graduate, or undergraduate hourly employees, the title appointing department, appointment dates, duties, and percent time of the appointment; weight and height if the student is an athletic team member; participation in officially recognized activities and sports; and institutions previously attended.

IV. For former students, “directory information” may include the student’s name; date of birth; last known addresses and telephone numbers; college, curriculum, and major field of study; dates of admission, attendance, and full or part-time status; class level; honors; certificates or degrees earned at the university and the date(s) conferred; weight and height if the student was an athletic team member; participation in officially recognized activities and sports; attendance site (campus/location), and institutions previously attended.

V. “University officials” may include:
a. any person employed by the university in an administrative, supervisory, academic, research, student employee, or support staff position (including persons employed by the university law enforcement unit and health staff);
b. a person serving on an official committee, including but not limited to a scholarship, disciplinary or grievance committee, or otherwise assisting a university official in performing their tasks;
c. a person serving on the Board of Trustees;
d. a person or company with whom the university has contracted to provide a service (such as an attorney, auditor, or collection agent).

VI. A school official has a “legitimate education interest” if the official is:
a. performing a task that is specified in the official’s position description or contract agreement;
b. performing a task related to a student’s education (e.g., providing academic or personal advice and counsel, creating and/or maintaining educational records, supervising and/or certifying student educational progress for university or government purposes);
c. performing a task related to the disciplining of a student;
d. providing a service or benefit relating to the student (e.g., health care, counseling, job placement, housing, financial aid); or
e. maintaining the safety and security of the campus.

Exceptions:
NONE

Contact
Further questions concerning this policy statement should be directed to the Office of the Registrar, (217) 333-2034 or registrar@illinois.edu.