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UW Flexible Option and FERPA

FERPA, the Family Educational Rights and Privacy Act of 1974, safeguards the privacy, access, and disclosure of student education records. If you are currently or were previously enrolled in a credit-bearing course at UW Flexible Option your student education records are protected. These records include grades, transcripts, course schedules, financial information, and discipline files, with certain exceptions.

FERPA protections exclude personal notes of faculty and staff, employment records, medical and counseling records used solely for treatment, campus security records, financial records of a parent or spouse, and confidential letters and statements of recommendation if the student has waived the right to inspect and review them.

To understand how FERPA applies to you, visit the home campus website of your UW Flexible Option program:

  • UW-Madison
  • UW-Milwaukee
  • UW-Parkside

You may also visit the Department of Education for additional information.

FERPA for UW Flexible Option Employees

A. Working with Students

Ensuring the protection of student education records is a top priority at UW Flexible Option. Given the nature of daily interactions with students, it is crucial to exercise caution in sharing information due to privacy reasons. Here are some tips to assist students while adhering to FERPA regulations:

  1. Verify Identity: Before discussing any student-specific information, verify the identity of the person making inquiries to ensure they have the right to access such information.
  2. Use Secure Communication: When communicating with students, utilize secure channels such as university email systems or other approved platforms to maintain confidentiality. When communicating via email to enrolled students, it is essential to send information to the student’s UW email. This practice helps maintain confidentiality and ensures that sensitive information is securely delivered to the intended recipient. Using the official university email system enhances security and aligns with privacy standards, including FERPA regulations.
  3. Avoid Disclosure: Refrain from disclosing sensitive information, including grades, financial details, or disciplinary records, to anyone other than the student without appropriate authorization.
  4. Document Consent: Obtain written consent from students if there is a need to share information with third parties or individuals not covered under FERPA exceptions.
    • You can click on the partner institution links here to learn more about directory versus non-directory information:
      • UW-Madison
      • UW-Milwaukee
      • UW-Parkside
      • UW Colleges

Copies of student communications should be placed into the student education record. Education Records are those records, documents, and other materials that (i) contain information directly related to a student; and (ii) are maintained by an educational agency, institution, or by a person acting for such agency or institution.  Education records include student information that is maintained in any recorded way, such as handwriting, print, email, computer media, video or audiotape, film, microfilm, microfiche, and within the student information systems.

  1. Limit Access: Only provide access to student records to individuals who have a legitimate educational interest and are authorized under FERPA.

B. Discussing Student Records with University Employees

  • In addition to communicating with students about information in their education records, employees are allowed to discuss this information among themselves and with campus partner institutions as part of daily business activities. This is considered a “legitimate interest” under FERPA guidelines, making such communication acceptable. However, not every employee automatically has a legitimate interest, and discussions about student education records should be limited to those with a genuine need to know.
  • If there are questions about what information can be shared, the Registrar will verify and determine based on legitimate interest. In some cases, requests may be denied, and if possible, an alternative solution may be offered. It’s crucial to prioritize privacy and only share information on a need-to-know basis.

C. Working with Parents/Guardians/Spouse

Before communicating non-directory information to parents as a UW Flexible Option employee, you must answer “yes” to one of the following questions:

    • Is there a FERPA Consent Request Form on file, allowing for information to be shared with the parent/guardian?
    • Is this a health and safety emergency?

If you can answer “yes” to either of these questions, it is permissible to share non-directory information with the parent. However, it’s important to note that the information shared should align with the directives outlined in the FERPA Consent Request Form. If you cannot answer “yes” to either of these questions, then only directory information should be shared with the parent. This approach ensures compliance with FERPA regulations and protects student privacy.

Sharing Academic Information

Here are some tips to ensure smooth communication regarding non-directory information protected by FERPA:

  1. Verify Student Identity: Before releasing non-directory information, confirm that you are speaking directly with the student.
  2. Use UW Email for Communication: When communicating with a student via email, ensure that you use the student’s official UW email.
  3. Share Only Direct Knowledge: Limit information sharing to what you have direct knowledge of. Avoid speculation or discussing topics outside your expertise.
  4. Decline Uncertain Requests: It’s acceptable to decline requests for sharing non-directory information if you cannot confirm with certainty that you are speaking with the student. Consider reaching out to the student using trusted means of communication, such as their UW email or provided phone number, to continue the conversation.
  5. Process Verification Requests Properly: Any requests for enrollment verification or degree/certificate verification should be processed by the home campus.
    • UW-Milwaukee
    • UW-Parkside
    • UW Colleges

By following these guidelines, you can help maintain compliance with FERPA regulations and protect the privacy of student education records.  When in doubt, don’t give it out!

If you have any questions, contact the UW Flexible Option Registrar’s Office.

 

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