Leadership Exchange - Summer 2009

can now be considered another school official with whom student record information may be shared.

Before it shares that otherwise confidential information, however, the school must ensure that the contractor performs services for which the school would otherwise use employees; is under the school’s direct control when it comes to handling student records; and is subject to other requirements regarding the handling of those records.

“…[DOE] will not sub-
stitute its judgment for
that of the educational
agency or institution in
evaluating the circum-
stances and making its
determination.”

With this change, the FERPA regulations expand the cast of characters to whom information from student records may be disclosed without a student’s prior consent. “Other school officials” now can include persons and companies who work for the school under contract. Each institution’s contract officers should therefore ensure that their written agreements with these contractors now include language compelling each contractor’s compliance with FERPA.

Need to Know. Many institutional student information systems afford employees broad access to student records. No doubt in many instances, those college and university employees have the opportunity to see more information about students than their duties require.

Now schools have an affirmative duty to take reasonable steps to ensure that employees “obtain access to only those education records in which they have legitimate educational interests.” If the systems cannot be configured to limit that access, the school must impose policies that effectively instruct employees to look only at information they specifically need.

Implementing the new changes to the FERPA regulations should require only a few hours of staff time. No financial exigency is created, no programs need be slashed, and no employee positions need be eliminated. Indeed, that is good news in today’s uncertain economy. LE

For more information on the latest FERPA changes, visit the
SSAO-only section of the NASPA website at
www.naspa.org/membership/mcm/ssao.

Peter Kushibab is general counsel for Maricopa Community Colleges in Arizona.

Authoring Your Life Developing an Internal Voice to Navigate Life’s Challenges

Marcia B. Baxter Magolda Illustrated by Matthew Henry Hall Foreword by Sharon Daloz Parks

Marcia Baxter-Magolda’s new book helps develop an internal foundation and promotes self-discovery.

A guide to addressing life’s challenges and competing demands, to developing self-discovery, and to supporting others on life’s journey. Through reflecting on the stories of 35 adults whom the author has interviewed for over 20 years, readers will gain important insights about themselves, and develop the confidence to handle significant transitions and unexpected circumstances.

Cloth, 978 1 57922 271 0, $29.95

FAX 703-661-1501 E-MAIL StylusMail@PressWarehouse.com WEBSITE www.Styluspub.com CALL 1-800-232-0223 TO ORDER OR REQUEST OUR HIGHER EDUCATION CATALOG:

1VPU;\Z;MVY;`V\Y;VWWVY[\UP[`;[V;
SLHYU;HIV\[;[OL;*SLY`;(J[;HUK;[V;
KPZJ\ZZ;[OL;UL^;HTLUKTLU[Z;

:LJ\YP[`;6U;*HTW\Z;;0UJ;;;PU;WHY[ULYZOPW ^P[O;[OL;-HPYMPLSK;<UP]LYZP[`;+LWHY[TLU[;VM 7\ISPJ;:HML[`;;PU]P[LZ;`V\;[V;WHY[PJPWH[L;PU [OL;1LHUUL;*SLY`;(J[;;YHPUPUN;:LTPUHY;[V; IL;OLSK;(\N\Z[;;;;;;;;; ;PU;-HPYMPLSK;;*;; ;OPZ;[YHPUPUN;;;UV^;\WKH[LK;[V;PUJS\KL;^OH[ `V\;ULLK;[V;RUV^;[V;JVTWS`;^P[O;[OL;SH[LZ[ HTLUKTLU[Z;;;PZ;[OL;TVZ[;JVTWYLOLUZP]L PUZ[Y\J[PVU;VU;HSS;[OPUNZ;*SLY`;;