FERPA Compliance

Family Educational Rights and Privacy Act of 1974 (FERPA)

Student Record Confidentiality

In accordance with the Family Educational Rights and Privacy Act of 1974, Course Orbit is committed to protecting privacy for all students. This protection includes the information collected, how it is used, how we protect it, when it can be released, and access to personal information. This applies to all information in electronic and physical forms.

Course Orbit may develop more specific privacy practices, procedures, and security statements related to the functionality of each web site.

By using any Course Orbit web content (Course Orbit website, MOODLE site, course lectures, etc.) you are giving your consent to the privacy and data practices described by our Privacy Procedures for that site. Any student who believes that any right pursuant to the Family Educational Rights and Privacy Act has been violated or that company policy is not in compliance with the Act, may file a complaint directly to the Family Educational Rights and Privacy Act Office (FERPA), Department of Health, Education and Welfare(HEW) 330 Independence Avenue S.W. Washington, D.C. 20201

Data collection and storage

The following personally identifiable information (PII) data elements[2] are collected by our system while using the course lectures. Data is stored in time-stamped log format and is used internally purely to provide analytics, diagnostics, audits, and technical support.

DataPIITypeEncryptedComments
First NameYesDirectoryYes 
Last NameYesDirectoryYes 
Email AddressYesDirectoryYes 
InstitutionYesEducationYes 
CourseYesEducationYes 
Course RoleYesEducationYes 
All other Non-PII dataNoNon – PIINoThis data is either provided by the institution’s Learning Management Systems (LMS) via Learning Tools Interoperability (LTI) or through request headers.

Activity Score

(if graded)

YesEducationYesOnly in percentage form (0% to 100%) and not actual grade to be recorded in grade book

 

Access to Education Records

Students/Parents

Under FERPA, Course Orbit is not required to provide information that is not maintained or to create education records in response to an eligible student’s request. Accordingly, Course Orbit is not required to provide an eligible student with updates on his or her progress in a course (including grade reports) or in school unless such information already exists in the form of an education record.[1]

Since no data is stored in the form of an education record, Course Orbit is not required to fulfill student information requests

Law Enforcement Agencies

The Family Educational Rights & Privacy Act of 1974 (“FERPA”) provides Course Orbit the authorization to release a student’s education records pursuant to any court order or lawfully issued subpoena, upon condition that it first provide adequate notice to the student or the student’s parent (if the child is a minor). [3]. Unless specifically prohibited in the court order of subpoena, the federal regulations provide that, before complying with the subpoena, Course Orbit must make a “reasonable effort to notify” the student or parent of the subpoena, so that the parent or eligible student has time to seek protective action through the judicial system [4]. Course Orbit will provide the student or parent with a copy of the subpoena, along with written notice of the parent’s right to intervene and a date certain when Course Orbit will release the records in compliance with the subpoena, absent judicial intervention.

Third-party partners

Course Orbit may, at its discretion, share analytics and statistics information with partners or affiliates, Course Orbit does not share any Personally Identifiable Information of any kind.

References

“FERPA for Students.” Home, US Department of Education (ED), 26 June 2015, www2.ed.gov/policy/gen/guid/fpco/ferpa/students.html.

“Electronic Code of Federal Regulations.” Electronic Code of Federal Regulations (ECFR), Records Administration’s Office of the Federal Register and the Government Publishing Office, 1 July 2020, www.ecfr.gov/cgi-bin/text-idx?SID=5177ee2981c26c75fa0c88df117d75a8&node=34%3A1.1.1.1.33.1.134.3&rgn=div8.

“20 U.S. Code § 1232g – Family Educational and Privacy Rights.” Legal Information Institute, Legal Information Institute, www.law.cornell.edu/uscode/text/20/1232g.

“34 CFR § 99.31 – Under What Conditions Is Prior Consent Not Required to Disclose Information?” Legal Information Institute, Legal Information Institute, www.law.cornell.edu/cfr/text/34/99.31.