FERPA and Data Access
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- Gordon Howard
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1 Session Objective FERPA and Data 2014 GED Conference GED Testing Service aims to provide tools that help jurisdictions manage their GED program, including student data privacy concerns This session outlines the various data models for access to test-taker data and how these models align with FERPA requirements 2 Michael Walsh Sr. Contracts Manager, Pearson VUE FERPA subject matter expert Attorney, licensed to practice in MN Content presented here aggregated from discussions with external FERPA experts Agenda 1. What is FERPA? 2. How are jurisdictions managing data today 3. Describe data access tools provided by GEDTS 4. Q&A and next steps
2 What is FERPA? Managing data today Family Educational Rights and Privacy Act Federal law that protects the privacy of student education records Applies only when federal funds are utilized by an agency Requires consent prior to release of student educational records to third parties For the purposes of our discussion today we will focus on Consents to disclose information to third-parties Timing of disclosure after consent Jurisdictions have expressed concern about to data within their organizations (state DOE, Workforce, Adult Ed) and interagency to data for those outside their organizations (private Adult Ed and Test Centers) What to share with whom to stay in compliance with FERPA 5 6 How does GEDTS comply with test-taker privacy concerns? Collect consent for disclosure at time of registration Annual opt-out process GED Testing Service collects testtaker consent for sharing personal info prior to test scheduling Reasonable security measures including password protection for access 7 8 2
3 GED Testing Service will be making a language change to the consent to make more available to Adult Ed and Test Centers use and transfer of your personal data to GED Testing Service LLC, Pearson VUE, a business of NCS Pearson, Inc., the state s or jurisdiction s program, and authorized third parties, including Adult Education Centers and Testing Centers. Centers will use your test scores to improve their programs and your personal information for potential graduation ceremonies Connecting students to adult-ed centers Within the MyGED portal at GED.com: The test-taker will be able to select their adult-ed center and give them access to their scores Within their profile, they will have an opportunity to opt-out of sending their scores to an adult-ed center Annual disclosure of data usage and opt-out instructions 9 10 Data access USERS: GED Testing Service GED Administrators State Adult Ed Directors Adult Ed Program Directors Adult Ed local program personnel Data models: Full Jurisdiction view Model 1: Full Jurisdiction Authority Available in GED Manager Users are authorized by the GED Administrator Users have the ability to approve exceptions, authorize testtakers, edit test-taker information and view any/all test-taker scores within the jurisdiction Student authorization for access to score information is collected during registration No additional student authorization is collected for Full Jurisdiction Authority GED Testing Service GED Administrators
4 For Adult Ed Model 2: Full Scores Available in GED Manager Users are authorized by GED Administrator Users have the ability to look up any/all test-taker scores and score reports within the jurisdiction (view-only) User has no additional authority for editing or authorizing testtakers Student authorization for access to score information is collected during registration Some states have authorized adult educators to have Full Scores Adult Ed Program Directors For Test Centers (until fall) Model 3: Passers Report Test Centers Available in GED Manager Users are authorized by GED Administrator Users have the ability to download a report of Passers (testtakers who passed all 4 GED tests) at their test center location only User has no additional authority for editing or authorizing testtakers Student authorization for access to score information is collected during registration. Some states have authorized test centers to have Passers Report For Program management Model 4: GED Analytics GED Analytics is a reporting tool created for GED Administrators and trusted personnel Users are authorized by GED Administrator GED Administrators State Adult Ed Directors Users have the ability to view all test-taker population aggregate statistics for the jurisdiction. Users may also download reports that include detailed test-taker information for any test-taker in the jurisdiction Users have no additional authority for editing or authorizing test-takers Student authorization for access to score information is collected during registration Some states have given GED Analytics access to test centers and other authorized third-parties for reporting purposes Data access to come for Adult Ed Model 5: Scores for Adult Ed (in development) Will be available in GED Manager Users (Adult Ed Program Directors and Adult Ed Program Managers) are authorized by GED Administrator Adult Ed Program Directors Adult Ed local program personnel Users will have the ability to view all scores, score reports, and passers report for the students who authorized them to see their scores Users will have no additional authority for editing or authorizing test-takers in GED Manager
5 Questions & Answers How does this apply to adult test-takers in the GED program? How about test-takers under the age of 18? Is there a difference in the information that can be shared? Test-takers under the age of 18 will require their parent s permission to release information. If that is not already built into the State s GED Office process during the Exceptions Approval process, it should be. How does the definition of Education Program apply to GED testing centers and GED prep programs? GED test centers and adult ed centers fall under the umbrella of Educational Programs as defined by FERPA. Questions & Answers Per FERPA, test-taker contact information (directory information) can be shared if there is an opt-out option. Where is the opt-out collected? It is not currently available, but GED Testing Service will add it to the test-taker profile questions on GED.com in the fall. According to the GED Testing Service policies & procedures manual, the fact that a person has taken the GED test at all is to be treated as confidential. How is GED Testing Service ensuring this information is kept confidential? We share data only with your jurisdiction and with those we ve been given explicit permission to do so. Password controls are in place to protect score information via the GED.com portal Questions & Answers Next steps If our GED prep programs do NOT receive state or federal funding, is there any data we can provide to these programs? If your agency does not receive federal funds, FERPA doesn t apply. However, our system permits access to student data based on the permissions granted by the test taker. If our GED prep programs DO receive state or federal funding, what data can we provide to these programs? If your agency does receive federal funds, FERPA does apply. Our system permits access to student data based on the permissions granted by the test taker. GEDTS will be updating consent form shortly In the fall, look for information on data access for adult-ed centers
6 Thank you Michael Walsh 21 6
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