Department of Education updates student privacy laws

An interactive audio conference on the Family Educational Rights and Privacy Act was held on June 4 informing staff and faculty members about proposed updates by the U.S. Department of Education, regarding students' personal information and school records.

The conference, conducted by Christopher Porter, Esq., covered the regulations proposed on March 24 regarding the student education records, school records disclosure, the required written consent for disclosure and regarding access to confidential information.

Eastfield Director of Admissions Glynis Miller said the proposed changes will be applied in the fall and all FERPA regulations are to protect the students' rights.

"It is going to give students more security with private information and school records," Miller said. "Twenty years ago students were not able to register for classes online, so FERPA had to update the policies. "

As a division head, Miller said she thinks the FERPA policies should be reviewed every semester by all the division staff members.

"It's hard to make every staff member attend the FERPA meeting, but each division director should provide the employees with FERPA updates," she said.

The majority of staff and faculty are not required to attend the FERPA meetings but is the duty of each division director or dean to attend the meetings in order to be notified of changes.

Financial aid and veterans' affairs director Dana Mingo said the financial aid employees, students and parents can go to the Web site to review the privacy policies.

Library circulation desk assistant Tiffany Gillen said they are already strong with students' privacy rights. She said they have made changes with the library system and they don't keep students Social Security number in the computers anymore.

"We are not allowed to give out what student has what book," Gillen said. "When a book is checked-in it's totally taken off from the records. At the library we stay pretty strict."

Students and parents can go to the DCCCD Web site to learn more about the FERPA regulations and each district students' rights.

Directory information Current regulations: FERPA currently allows information designated as directory information to be disclosed, without consent, with annual notification of students' right to opt out of the disclosure and students' right to opt out of the disclosure. It does not explicitly state whether a student's Social Security number, student ID number or personal identifier is considered directory information. Proposed regulations: Social Security numbers and other ID numbers cannot be designated directory information. School may designate a user ID or unique identifier for use by the student to access or communicate with electronic systems. As long as the user ID or other unique identifier does not give access to education records, except when combined with other authenticating information known only to the student, such as a password or separate pin number.

Personally Identifiable Information Current regulations: Defines personally identifiable information as the student's name and other personal information like a social security number or student ID number, name of any of the student's parents or other family members, student's address or other personal characteristics and information that would make the student's identity easily traceable. Proposed regulations: Remove the term personal characteristics from the definition or personally identifiable information. Include "other information that, alone or in combination is linked to a specific student that would allow a reasonable person in school, or the community to identify the student. Include information requested by a person who the institution reasonably believes has direct, personal knowledge of the identity of the student.

Prohibition on Disclosure of SSN Current Regulations: Do not explicitly prohibit the use of social security numbers to identify students when disclosing or confirming directory information. Proposed Regulations: Institutions and educational agencies are strictly prohibited from designating social security numbers as directory information under any circumstances without written consent.

De-identification of Information Current Regulations: Does not address the practice of redacting education records to identify them. Proposed Regulations: Set forth objective standards for whether information released would make the student easily identifiable. Recognizes that re-identification risk of any release of redacted records is cumulative. Requires educational agencies and institutions to apply a consistent un-identification strategy for all data releases of a similar type.

Opt Out of Directory Information: In-Class Disclosures of Information Current Regulations: Does not address whether the students can opt put of directory information disclosure to prevent certain in-class disclosures like name, electronic ID number, and institutional e-mail address. Proposed Regulations: Student may not use the right to opt of directory information to prevent disclosure or prevent requiring students to disclose his/her name, electronic ID number, or institutional e-mail address in a class where they are enrolled right to opt-out of directory information disclosure does not include a right to remain anonymous in class.

Opt Out of Directory Information Former Students Current Regulations: Does not address students who opt out of directory information, then graduate or leave. How long does the opt-out decision last? Proposed Regulations: Student's opt-out decisions is indefinite, unless the student later rescinds the decision at a later date.