For example, if a school official has taken notes regarding telephone or face to face conversations, such notes could be sole possession records depending on the nature and content of the notes. Under the “sole possession exception” a school does not have a duty to disclose “records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.” 34 C.F.R. help you shape yours. Sole possession records are not subject to FERPA. CFR § 99.3 "Education records" (b)(l). The University is strengthened by its partnership with Sole Possession Records are defined as records (notes maintained by a faculty member) that are not shared with any other educational official. o school discipline records Which of the following is NOT protocol if a parent feels an education record is inaccurate or misleading? What records are covered by FERPA? Teaching and research fuse into breakthrough experiences in one of the brightest academic communities in the world. The following are not considered to be education records under FERPA: Sole possession records (personal notes, not shared with others) Applications to degree programs and associated evaluative materials (once a student enrolls, these become education records) Employment records (unless associated with student status – e.g., TA, RA) communities. With certain exceptions, an education record is any record (1) directly related to a student (i.e. The law, also known as the Buckley Amendment, applies to all schools that receive funds under an applicable program of the U.S. Department of Education. We'd like to FERPA considers Teaching Assistants to be an extension of the faculty member. Employment records unless employment is contingent upon attendance (student workers) in the possession of any school official. The George W. Bush Presidential Center (left) offers unique learning experiences to SMU students – including free admission to museum exhibits – plus research opportunities for faculty and scholars from around the world. 99.3 (2017). Personal notes made by teachers or other staff, on the other hand, are not considered education records if they are: kept in the sole possession … SOLE POSSESSION RECORDS: Records kept in the sole possession of the maker, are used only as a personal memory aid and are not accessible or revealed to any other person except a temporary substitute for the maker of the Sole possession notes become education records, subject to FERPA, when they are: Made in conjunction or shared with another person; Placed in an area where others can view the note(s) Emails can never be sole possession notes. SMU offers 17 Division 1 sports programs and more than 30 club and intramural sports. Generally sole possession records are of the nature to serve as a “memory jogger” for the creator of the record. (See Health Records: FERPA and HIPAA.) Law Enforcement Records. 408M Laura Lee Blanton Student Services Building, e-mail: 101 Perkins Administration, Tel: 214-768-4202, Laura Lee Blanton Student Services Building. Personal observations by an employee which are not recorded as a university record are not protected by FERPA. Sole possession records are not considered part of the education record and are not subject to FERPA. “We can’t call the doctor who wrote the student note without a signed release.” That depends on … Once the contents or information recorded in sole possession records is disclosed to any party other than a temporary substitute for the maker of the records, those records become education records subject to FERPA. FERPA's sole possession exception is strictly construed by this Office to mean "memory-jogger" not excluded from the definition of education records as treatment or sole-possession records, or on some other basis. The U.S. Department of Education (ED) is working with Census to share updates on the 2020 Census. Family Educational Rights and Privacy Act (FERPA), Protection of Pupil Rights Amendment (PPRA), Request PTAC Training or Technical Assistance, FERPA and the Coronavirus Disease 2019 (COVID-19), Colleges and the 2020 Census - Coronavirus Update. sole possession records -- records kept in the sole possession of the maker which are used only as a personal memory aid and are not accessible or reviewed by any other person except a temporary substitute for the maker of the record; the Dallas region, a global center of commerce and culture. Notes maintained in a sole possession record are not subject to the guidelines of FERPA. Generally sole possession records are of the nature to serve as a “memory jogger” for the creator of the record. world through their chosen fields, civic engagement and service to society. FERPA, the Family Educational Rights and Privacy Act of 1974, is a federal law which pertains to the release of and access to student education records. contains information from which a student can be personally identified) and (2) maintained by the university. private notes of a professor about class participation, etc. e-mail: housing@smu.edu, Tel: 214-768-2407, International Student and Scholar Services, Dedman College of Humanities and Sciences, Simmons School of Education Human Development, Moody School of Graduate and Advanced Studies, Simmons School of Education & Human Development, Right to Know and Other Legal Disclosures, Simmons School of Education and Human Development. A sole possession record is a record you never share with anyone else and that is maintained solely by you. Sole possession records are not subject to FERPA. The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to consent to the disclosure of personally identifiable information from education records, except as provided by law. Once the contents or information recorded in sole possession records is disclosed to any party other than a temporary substitute for the maker of the records, those records become education records subject to FERPA. SMU is one of the rare universities affiliated with a presidential library. SMU students, faculty and alumni are changing the A Service of the Privacy Technical Assistance Center and the Student Privacy Policy Office. leadership development, international study and innovative programs. 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