FERPA is the federal law that protects the privacy of personally identifiable information (PII) in students’ education records. During the COVID-19 outbreak, faculty and staff may be accessing educational records, maintaining records or discussing records remotely due to social distancing precautions. The following resources and FAQs is provided to answer some common questions raised by faculty and staff.
Resources
- Department of Education FERPA and COVID-19 FAQ
- Protecting Online Privacy When Using Online Educational Services
- COVID-19 ("Coronavirus") Information and Resources for Schools and School Personnel
- FERPA and Virtual Learning Related Resources
- Email and Student Privacy
Frequently Asked Questions
Am I allowed to have non-students in a virtual classroom or meeting?
You may choose to invite non-students to your virtual classroom for instructional purposes. For example, it is common to involve a guest speaker in a face-to-face or online class. Whenever another person is included in the class, the instructor should make students aware of the presence of the guest, and the instructor must avoid sharing any personally identifiable information (PII) when the guest is present.
Recent guidance from the Department of Education concerning the Family Educational Rights and Privacy Act's application to online study, advised institutions to not allow non-students in virtual classrooms for non-instructional purposes. The disclosure of PII could constitute a FERPA violation.
"Educational agencies and institutions should discourage non-students from observing virtual classrooms in the event that PII from a student’s education record is, in fact, disclosed in such virtual classrooms."
How do I ensure that I am adhering to FERPA when advising students?
All of the standard rules of face-to-face interactions will apply online. As a general rule, when advising or talking with a student, (1) the student should be identifiable by you and (2) you should be able to speak privately. This means you should be able to know you are talking with the student (not a third party), and both you and the student should be able to talk without others present or being able to hear the discussion.
How do I ensure I am talking with the student and not another person?
Using a video conference is an excellent way to ensure you are talking with your student. SUNY Cortland has made Microsoft Teams available to all students, faculty and staff. If a video conference is not practical, you can still validate a student's identity on the phone by asking questions related to the class or your interactions with the student.
Can other people take part in my conversations with students?
It is permissible to discuss records when others are present if (1) it is a necessary interaction with another school official, (2) you are having a general discussion and you will not disclose any PII or protected academic information, or (3) you have prior consent in writing from the student to include other parties.