Mississippi Administrative Code › Title 10 - Education Institutions and Agencies › Part 601 - Authority and Responsibilities Rules and Regulations › Chapter 7 - Compliance with State and Federal Regulations › Rule 10-601-7.2 - Compliance with the Federal Education Rights and Privacy Act of 1974 (FERPA)

Current through June 25, 2024
I. The Family
				Educational Rights and Privacy Act of 1974 (FERPA), is a federal law that
				grants important privacy rights to students regarding their educational
				records. More specifically, unless required by federal law, the information
				contained in educational records may not be disclosed to third parties,
				including parents, without the written consent of a student who is 18 or over.
				In addition to granting privacy rights, FERPA gives students the right to
				review their educational records and the right to request an amendment of those
				records should they feel the records contain inaccurate information.
II. The term, "educational records," as used
				in the FERPA statute, includes more than academic records in its meaning.
				Educational records may also be financial aid records, transcripts, letters of
				recommendation, disciplinary files, grades, test scores, admissions
				applications and course enrollments. In essence, any records maintained by an
				institution and which contain information directly related to a student are
				educational records. Additionally, FERPA designates certain types of student
				information which may be published or released without the consent of the
				student. This information is referred to as "directory information". Although
				such information is contained within an educational record, it is not generally
				considered harmful or an invasion of privacy if disclosed. Directory
				information can include a student's name, address, telephone listing, email
				address, photograph, birth date, place of birth, area of study, grade level,
				dates of attendance, and recognition for activities, honors and awards.
III. Applicants for state student
				financial assistance complete an educational records release form at the point
				of application and may update the educational records release permissions at
				any time by accessing the student account online. To provide permission for the
				Office to release a student's non-directory information, the student must
				provide the name of the person to whom information can be released, the
				relationship of that person to the student, the person's date of birth, and the
				last four digits of the person's Social Security Number. Non-directory
				information will be released only to persons with an active records release
				form on file with the Office.
IV.
				The Office seeks to ensure the security of non-directory information, also
				referred to as Highly Confidential Information. Therefore, the Office will
				abide by the following policies when transmitting and storing such information:
A. The preferred method of transmitting
				Highly Confidential Information is via the Office's Secure Document Share
				Portal, which is protected via SSL technology. Some Highly Confidential
				Information may also be shared via the Office's Secure Counselor Web
				Application.
B. If it is necessary
				to mail physical copies of Highly Confidential Information, the Highly
				Confidential Information will be mailed in a tamper-proof, labeled container,
				with a tracking number and a delivery confirmation receipt.
C. When it is necessary to mail Highly
				Confidential Information on electronic media, such as CDs, DVDs, electronic
				tape, etc., the Highly Confidential Information will be encrypted. The Highly
				Confidential Information shall only be mailed in accordance with the provisions
				of IV.B. above.
D. If it is
				necessary to transmit Highly Confidential Information electronically via any
				method not listed in IV.A. above (such as email), the Highly Confidential
				Information will be encrypted.
E.
				Passwords or other information sufficient to allow decryption of Highly
				Confidential Information will not be emailed along with the Encrypted Highly
				Confidential Information.
F.
				Physical copies (paper or other physical representations) of Highly
				Confidential Information will be kept under lock and key when not in immediate
				use. Highly Confidential Information will not be left unsecured and unattended
				at any time.
G. Highly Confidential
				Information stored on electronic media, such as CDs, DVDs, tape, flash drives,
				etc. will be Encrypted. Further, such electronic media shall be kept locked, or
				otherwise have sufficient physical access control measures to prevent
				unauthorized access. Highly Confidential Information in any electronic format,
				including computer databases, will not be left unsecured, meaning accessible
				without a password, and unattended at any time.
H. Any laptop or computer that contains
				Confidential Information or Highly Confidential Information will be password
				protected. Additionally, any laptop or computer that contains Highly
				Confidential Information shall have its full hard drive encrypted. No laptop or
				computer will be left unattended without enabling a screen-lock or otherwise
				blocking access to the laptop or computer. No password or other information
				sufficient to access a laptop or computer containing Highly Confidential
				Information will be attached to or located near the laptop or computer at any
				time.
I. Access to Highly
				Confidential Information through modems, networks, and the Internet will be
				carefully monitored and limited to authorized users.
J. Only authorized users who have signed a
				Certification Statement shall have access to Highly Confidential
				Information.