Publications, Videos, Web Tutorials
University of North Carolina Safety Task Force Report: November 2007 Report from the UNC Campus Safety Task Force. There is an excellent discussion of FERPA, HIPAA and local law in Appendix A to the Working Group Appendices titled Sharing Information Concerning University Students when there is a Perceived Risk of Danger to Self or Others, Summary of Applicable Law.
FPCO/Dept of Education: Guidance on FERPA and Health or Safety Emergencies :
This web page includes brochures and other resources on release of education records in emergency situations. The brochure for postsecondary includes clarification of when disclosure may be made to parents.
FERPA and Campus Safety: NACUANOTE August 2007 NACUA members Steve McDonald and Nancy Tribbensee have prepared an excellent Q&A on the topic of FERPA and Campus Safety to assist Student Life and other personnel on campus who seek clarity on the issue. See also the Inside Higher Ed article dated August 7th, 2007 and titled FERPA Allows More than You May Realize. This article is the on the same topic by the same authors.
GAO Report on Personal Information and Data Breaches: June 2007
FPCO Letters from 2002-2007
This page includes FPCO technical assistance letters from 2002-2007 that are relevant to IHEs.
Guidelines to Responding to Compulsory Legal Requests for Information: By Steven McDonald and Andrea Nixon
Includes information on responding to subpoenas, search warrants, court orders, National Security Letters, and Public Records Requests.
Family Policy Compliance Office Guidance letter dated Oct. 7, 2005 to Tazewell County on electronic student database systems and FERPA. This letter has implications for many "standard" student record systems and how they are configured in terms of access.
Shakespeare on Cyberliabilty, by Beth Cate, Associate University Counsel, Indiana University, published for the NACUA Annual Conference, Orlando, Florida, June 27, 2005
This is an excellent (and witty) overview of the main privacy laws affecting higher education, HIPAA, FERPA and GLB. The paper also includes a very thorough section on common law tort claims that might arise in connection with security and privacy breaches, as well as an overview of contractual security obligations and the duty to notify in the event of a security breach.
Legal Issues Facing Teachers
Power Point March 2005 by Melissa Bedwell, Esq., and former intern of The CUA Office of General Counsel. This presentation is directed at elementary and secondary education teachers, and deals with general legal obligations of teachers. The presentation includes FERPA, Copyright, and reporting obligations.
What is an Education Record?
Power Point March 2005 by Peg O'Donnell, Assistant General Counsel, The Catholic University of America
for International Association of Privacy Professionals March 2005 International Summit, Washington, D.C. Focus is on electronic records.
What is an Education Record?
Paper on Education Records by Peg O'Donnell, Assistant General Counsel, The Catholic University of America
for International Association of Privacy Professionals March 2005 International Summit, Washington, D.C. Focus is on electronic records.
Point/Counterpoint: Security vs. Privacy- Are We Striking an Appropriate Balance?
Prepared by Lawrence White, Chief Counsel for the Pennsylvania Department of Education, for the May 2004 EDUCAUSE Policy Conference. Posted with permission from the author.
Sept. 25, 2003 letter from LeRoy Rooker of the FPCO to the Board of Regents of The University System of Georgia on the circumstances when disclosure of aggregated information is permissible and when it would be a violation of FERPA. This was in response to a request for advice from the U.Georgia System when met with an open records request for information on students who had completed applications for Federal student financial aid.
FERPA and E-Signatures: ELECTRONIC CONTRACTING AND SIGNATURES, November 12-14, 2003, Margaret L. O'Donnell, Office of General Counsel at The Catholic University of America, Washington, D.C. Here is the presentation in a Paper Format. Here is the presentation in a Powerpoint Format.
Legal Resources for the Small-College Registrar from the 2003 AACRAO session. Useful for any college administrator, though some topics are specifically for registrars/admissions officers. Powerpoint presentation by Jennifer Kirkland, Office of General Counsel at Washington & Lee University. Appendix available in Word format.
A March 13, 2003 Advisory Report on Compliance with New Domestic Security Legislation is available on the ACE website. This joint document was prepared by Hogan and Hartson for ACE and NACUBO. It gives an overview of three anti-terrorism statutes (U.S.A. Patriot Act, Border Security Act and The Public Health Security and Bioterrorism Preparedness and Response Act). It includes a chart on the release of records under FERPA and the USA Patriot Act.
IT Security For Higher Education: A Legal Perspective: Prepared for the EDUCAUSE/Internet 2 Computer and Network Security Task Force by Dow, Lohnes and Albertson, PLLC, March 20, 2003.
Addresses Computer and Network Security in the context of FERPA, HIPAA, ECPA, The USA Patriot Act, SEVIS, the Teach Act, and the Gramm Leach Bliley Act.
Get Real: University Business Feb 2003 article on protection of digital identities: by Tom Warger
Of Counsel: Student Records is CUA's 1997 newsletter aimed at faculty and including Q&A, history of FERPA, tips on managing student records and the exciting, Real Life Stories from the Files of the General Counsel: "The Case of the Fake Federal Agent." This publication includes a useful Reference Chart: Release of Student Education Records
FERPA for Cardinal Students Users
FERPA in the Digital Age
Privacy and the Handling of Student Information in the Electronic Networked Environments of Colleges and Universities (from the Educause Library)
links updated 6/26/08 rab
Last Revised 26-Jun-08 04:28 PM.
