Famiily Educational Rights & Privacy Act (FERPA)

WHAT IS FERPA?

FERPA stands for Family Educational Rights and Privacy Act (sometimes called the Buckley Amendment). Passed by Congress in 1974, the Act grants four specific rights to the adult student:

  1. The right to see information that the institution keeping on the student.
  2. The right to seek amendment to those records and in certain cases append a statement to the record.
  3. The right to consent to disclosure of his/her records.
  4. The right to file a complaint with the FERPA Office in Washington.

WHAT ARE EDUCATIONAL RECORDS?

Information recorded in any form that is directly related to a student and maintained by a college or university and by those acting for the college or university.

  • Personal information
  • Enrollment records
  • Grades
  • Schedules

The storage medium in which you find this information does not matter. A student educational record may be:

  • A document in the registrar's office
  • A computer printout in your office
  • A class list on your desktop
  • A computer display screen


EDUCATION RECORDS DO NOT INCLUDE:

  • Records of instructional, supervisory and administrative personnel kept in the sole possession of the maker of the record and not revealed to anyone other than the maker's substitute
  • Records of a campus law enforcement unit created and maintained by that unit and used solely for law enforcement purposes
  • Records relating to persons who are employees (but not student workers)
  • Records kept and maintained by a health care professional, used solely in connection with treatment and disclosed only to individuals providing treatment
  • Records which include information about an individual after he or she is no longer a student


THE RIGHT TO INSPECT AND REVIEW

  • BCC must grant requests to review within a reasonable time but in no case more than 45 days after the request is received
  • BCC must respond to reasonable requests for explanations and interpretations of the records


WHAT IS PRIOR WRITTEN CONSENT?

  • A signed and dated document specifying the records to be disclosed, the purpose of the disclosure and the identity of the person to whom records will be disclosed


WHEN IS CONSENT NOT REQUIRED? (THIS IS NOT AN EXHAUSTIVE LIST OF EXCEPTIONS)

  • For legitimate educational purposes within the university
  • To officials at an institution in which student seeks to enroll
  • To comply with a court order or subpoena
  • In connection with a health or safety emergency if necessary to protect the student or others
  • To parents of students who are dependents for income tax purposes
  • If it is directory information
  • To parents of a student younger than 21 years of age if the disclosure concerns discipline for violation of the campus drug and alcohol policy


WHAT IS DIRECTORY INFORMATION?

  • Name, address, telephone number
  • Email address
  • Date and place of birth
  • Major field of study
  • Participation in officially recognized activities and sports
  • Weight and height of members of athletic teams
  • Dates of attendance, degrees, and awards received
  • Most recent previous institution attended


SPECIAL "DON'TS" FOR FACULTY AND SUPPORT STAFF

To avoid violations of FERPA rules, DO NOT:

  • At any time use the entire Social Security Number of a student in a public posting of grades
  • Ever link the name of a student with that student's social security number in any public manner
  • Leave graded tests in a stack for students to pick up by sorting through the papers of all students
  • Circulate a printed class list with student name and social security number or grades as an attendance roster
  • Discuss the progress of any student with anyone other than the students (including parents) without the consent of the student
  • Provide anyone with lists of students enrolled in your classes for any commercial purpose
  • Provide anyone with student schedules or assist anyone other than university employees in finding a student on campus
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