The DEED reasoned that FERPA’s “sole possession” exception – which allows school officials to keep private personal notes 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 – applied to the school’s refusal to hand over the documents because of the nature of the notes. communities. Faculty members may even share their sole-possession records with their TAs. 408M Laura Lee Blanton Student Services Building, e-mail: 101 Perkins Administration, Tel: 214-768-4202, Laura Lee Blanton Student Services Building. 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; 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's more than 12,000 students benefit from small classes, research opportunities, Exempted from the definition of education records are those records which are kept in the sole possession of the maker of the records and are not accessible or revealed to any other person except a temporary substitute for the maker of the records. located near the heart of Dallas. private notes of a professor about class participation, etc. Law enforcement or campus security records. The following are not considered education records and are not protected by FERPA: Sole possession records or private notes that are not released to other personnel. ... "Sole possession records" The term "sole possession records" is intended to cover memory aids or reference tools. help you shape yours. (See Health Records: FERPA and HIPAA.) A document is a sole possession record when it is kept in the sole possession of the maker of the record. 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. Records of instructional, administrative, and educational personnel that are in the sole possession of the maker (i.e. Sole possession records are not considered part of the education record and are not subject to FERPA. § 1232g; 34 CFR Part 99) and is a federal law that protects the privacy of students' educational records. 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. We'd like to o school discipline records Which of the following is NOT protocol if a parent feels an education record is inaccurate or misleading? SMU's singular approach to integrating rigorous learning with hands-on experience will prepare you to achieve your educational not excluded from the definition of education records as treatment or sole-possession records, or on some other basis. 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. The law applies to all schools that receive funds under an … FERPA, the Family Educational Rights and Privacy Act of 1974, is a federal law that pertains to the release of and access to educational records. e-mail: enrol_serv@smu.edu,  e.g. Any note that is made in conjunction with a student or other school official is not a sole possession record. We prepare student-athletes for life by equipping them with the knowledge and skills required to become valuable citizens and leaders in their A nationally ranked comprehensive research university with seven degree-granting schools, SMU is a distinguished center for teaching and research Sole possession records are not subject to FERPA. Educational records are not: law enforcement records, as defined in FERPA; employment records; medical records; post-attendance records; sole possession records (not accessible or revealed to any other person) Ours is a community of people forging their own paths. Sole possession Records: Sole possession records means that an individual creates and uses these records for his own purpose and never reveals or shares those records with anyone else. Sole possession records such as records or notes in sole possession of the maker, used only as a personal memory aid and not revealed or accessible to any other person except a temporary substitute for the maker of the record. SMU is one of the rare universities affiliated with a presidential library. FERPA means that school counselor’s case notes are sole possession records and not education records (which parents are entitled to see) if the records meet very specific criteria: 1) a memory aid, 2) not accessible or shared in either verbal or written form, 3) a private note created solely by the individual possessing it, and 4) include only observations and professional opinions. Employment records unless employment is contingent upon attendance (student workers) Our 11:1 student-to-faculty ratio means students build strong relationships with outstanding faculty who champion their ambition and drive, whether it’s for tackling climate change, fighting cancer or pursuing another passion. The right to inspect and review your records. 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. Law Enforcement Records. Records/notes kept in sole possession of maker not accessible or revealed to any other person except a temporary substitute Medical records Employment records when employment is not contingent on being a student, provided the record is used only in relation to the individual's employment 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. Any record that is made in conjunction with a student or other school official is not a sole possession record. The purpose of this guidance is to answer questions that school officials may have had concerning the disclosure of personally identifiable information from students’ education records to outside entities when addressing the Coronavirus Disease 2019 (COVID-19). SMU students, faculty and alumni are changing the in the possession of any school official. Sole possession records are privately written notes kept by an employee separate from any official or shared files kept by the university. goals and expand your world in ways you never imagined. With certain exceptions, an education record is any record (1) directly related to a student (i.e. FERPA considers Teaching Assistants to be an extension of the faculty member. CFR § 99.3 "Education records" (b)(l). Notes maintained in a sole possession record are not subject to the guidelines of FERPA. The University is strengthened by its partnership with 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. The sole possession records of a university employee are also not eligible for review under FERPA. In accordance with FERPA guidelines, the following are not education records: law enforcement records, student employment records, medical records, and alumni records. “We can’t call the doctor who wrote the student note without a signed release.” That depends on … world through their chosen fields, civic engagement and service to society. 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) "Sole possession" records are exempt from student rights to have access to, or review their records. FERPA considers Teaching Assistants to be an extension of the faculty member. 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 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. (This might include notes an instructor makes while providing career or professional guidance to a student.) FERPA is the federal law that governs the rights of students and institutional responsibilities with respect to student records. SOLE POSSESSION RECORDS 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. Sole possession records are 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. What records are covered by FERPA? Sole possession records are not subject to FERPA. Tel:214-768-3417, Boaz Hall, 3058 SMU BLVD. 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. sole possession records, i.e., records/notes in sole possession of the maker, used only as a personal memory aid and not revealed or accessible to any other person except a temporary substitute for the maker of the record (this might include notes an instructor makes while providing career/professional guidance to a student); Alumni records; STUDENT RIGHTS UNDER FERPA. A sole possession record is a record you never share with anyone else and that is maintained solely by you. 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. Sole Possession Records are defined as records (notes maintained by a faculty member) that are not shared with any other educational official. This includes transcripts or other records obtained from a school in which a student was previously enrolled. leadership development, international study and innovative programs. All personally identifiable records except those that remain in the sole possession of the maker of the record, such as an instructor's grade book, are covered by FERPA, with the following exceptions: UMKC will release directory information to third parties without the permission of the student. Teaching and research fuse into breakthrough experiences in one of the brightest academic communities in the world. FERPA's sole possession exception is strictly construed by this Office to mean "memory-jogger" SMU offers 17 Division 1 sports programs and more than 30 club and intramural sports. The following are not considered educational records: Private notes of an individual faculty or staff member ("sole possession" records) Campus police records; Medical records; Aggregate (statistical) data that contains no personally identifiable information about any student. In compliance with FERPA, employees of the University of Texas at Arlington have the legal obligation to protect the privacy of students and the confidentiality of student records. FERPA Defined: FERPA stands for the Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. A Service of the Privacy Technical Assistance Center and the Student Privacy Policy Office. A sole possession record is a record you never share with anyone else and that is maintained solely by you. Generally sole possession records are of the nature to serve as a “memory jogger” for the creator of the record. Sole Possession records or private notes held by school officials that are not accessible or released to other personnel. e-mail: enrol_serv@smu.edu, Tel:214-768-3417, Laura Lee Blanton Student Services Building contains information from which a student can be personally identified) and (2) maintained by the university. 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. Education records include any records in whatever medium (handwritten, print, magnetic tape, film, diskette, etc.) A student has the right of access to these records. The U.S. Department of Education (ED) is working with Census to share updates on the 2020 Census. the Dallas region, a global center of commerce and culture. 302 Hughes-Trigg Student Center, Tel:214-768-4563, 220 Memorial Health Center, Tel: 214-768-4557, Laura Lee Blanton Student Services Building Generally sole possession records are of the nature to serve as a “memory jogger” for the creator of the record. Faculty members … Sole possession records are 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 records. 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 … 99.3 (2017). 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. Personal observations by an employee which are not recorded as a university record are not protected by FERPA.