The Institute for Clinical Social Work

April 01, 2017 Register Now

ICSW Spring Conference: Race and Resistance in a Psychoanalytic Key


FERPA

Privacy of Student Records

The Family Educational Rights and Privacy Act of 1974 (FERPA) protects the privacy of student education records. The purpose of this act is to afford certain rights to students concerning their education records. The primary rights afforded:

  • The right to inspect and review education records
  • The right to seek to have the records amended
  • The right to have some control over the disclosure of information from the records
  • The fight to file a complaint with the U.S. Department of Education concerning alleged failures by the Institute to comply with the requirements of FERPA

It is the responsibility of all faculty and staff to understand and abide by the rules governing access to and privacy of student records. Before accessing student records, carefully review the material presented here. Maintaining confidentiality of student records can be achieved by knowing a few basic requirements of the Federal Educational Rights and Privacy Act.

The official Institute for Clinical Social Work policy concerning access to and privacy of student records is published annually online in the Policy and Procedures Manual.

Who has FERPA protections?

At educational institutions, FERPA rights are afforded to the student. There is no age requirement, and FERPA rights begin once a student is enrolled and continue for the life of the student. Rights are not afforded to parents of students; however, parents who claim a student as a dependent may have access to education records unless the student specifically prohibits it.

Educational Records

What are education records?

With certain exceptions, an education records is any record:

  • Directly related to the student AND
  • Maintained by the Institute or any party acting on the part of the Institute

A student has the right of access to these records.

Education records include any records in whatever medium (handwritten, print, film, computer media, email, etc.) that are in the possession of any school official. The same principles that apply to paper records also apply to electronic data.

Educational records are not:

  • Sole possession records or private notes held by school officials and faculty that are not accessible, released or transferred to other personnel
  • Health records created and maintained in connection with treatment and disclosed only to individuals providing treatment
  • Records that contain information obtained only after the individual is no longer a student (i.e., alumni records)

Who May Have Access to Education Records?

The Institute may only release education records if the student has given permission, except under the following circumstances:

  • Upon receipt of the written consent of the student
  • Releasing directory information
  • To school officials who have a legitimate educational interest, including faculty members who are currently engaged, directly or indirectly, in working with an ICSW student as part of the student’s education at ICSW
  • To parents of a dependent student as defined by the Internal Revenue code
  • In response to a lawfully issued subpoena or court order, as long as the Institute makes a reasonable attempt to notify the student
  • To federal, state, and local authorities involved in an audit or evaluation of compliance with education programs’
  • In conjunction with financial aid, including veteran’s benefits
  • In a health or safety emergency
  • When releasing the results of a disciplinary hearing to an alleged victim of a crime of violence

Please direct any questions about this policy to the President and Dean

Portion of Student Records and/or File Who Has Access
Any given PhD or MA student’s Financial Aid use, payment history, payment plans, etc. Vice President of Finance and Operations; Director of Communications and Financial Services; Bookkeeper; President and Dean
A given PhD student’s entire academic file (including all application materials and all written communication between the student and ICSW; grades for coursework; the Clinical Practicum; the Research Practicum. Excludes financial information Associate Dean; Director of Academic Administration; Coordinator of Student and Faculty Services; that student’s academic advisor; President and Dean
A given MA student’s entire academic file (including all application materials and all written communications between the student and ICSW; grades for coursework; evaluations from Practicum and Advanced Practicum. Excludes financial information. Associate Dean; Director of the MA Program; Director of Academic Administration; Coordinator of Student and Faculty Services; that student’s academic advisor; President and Dean
A given PhD student’s progress in the Clinical Practicum Chair of the Clinical Practicum; Associate Dean; Director of Academic Administration; Coordinator of Student and Faculty Services; that student’s academic advisor, or dissertation chair; President and Dean; panel of consultants assigned to hear that student’s Case Presentation
A given PhD student’s progress in the Research Practicum Chair of the Research Practicum; Associate Dean; Director of Academic Administration; Coordinator of Student and Faculty Services; that student’s academic advisor; that student’s approved dissertation chair; that student’s approved dissertation committee members
A given PhD student’s history with the Student Progression Committee; probationary status; status of any disciplinary action potentially underway; any remediation potentially underway; a given student’s officially expressed complaints Associate Dean; members of the Student Progression Committee; Dean of Students; that student’s advisor and/or dissertation chair; members of the Ethics Committee; Faculty members appointed by President and Dean for ad hoc Progression-related purposes; President and Dean
A given MA student’s history with the Student Progression Committee; probationary status; status of any disciplinary action potentially underway; any remediation potentially underway; a given student’s officially expressed complaints Associate Dean; Director of the MA program; members of the Student Progression Committee; Dean of Students; that student’s advisor and/or dissertation chair; members of the Ethics Committee; Faculty members appointed by President and Dean for ad hoc Progression-related purposes; President and Dean
A given PhD student’s IRB application, status of the application, result of the IRB hearing Chair of the IRB; members of the IRB committee; Associate Dean; Director of Academic Administration; that student’s advisor or dissertation chair; members of the student’s dissertation committee; President and Dean
A given PhD or MA student’s request for accommodation under the Americans with Disabilities Act Dean of Students; Associate Dean; Director of Academic Administration; Director MA Program (for MA students only); that student’s academic advisor; President and Dean

Family Educational Rights and Privacy Act (FERPA) – General Background and Information

http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html

Link to U.S. Department of Education – FERPA General Guidance for Students:

http://www2.ed.gov/policy/gen/guid/fpco/ferpa/students.html

Notifications of Rights under FERPA for Postsecondary Institutions – This will be part of what is distributed each year to students

http://familypolicy.ed.gov/content/model-notifications-rights-under-ferpa-postsecondary-institutions