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FERPA

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• Federal law also is known as the Buckley Act.
• Protects the privacy of a student's educational records.
• Establishes the right of students to inspect and review their educational records.
• Applies to all educational agencies or institutions that receive funds under applicable programs administered by the U.S. Department of Education.

Protected student rights

• The right to inspect and review their education records within 45 days of the day the college receives a request.
• The right to request an amendment to the student's education records that the student believes is inaccurate or misleading.
• The right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent.

Education records include

• Any record that contains information that is directly related to the student.
• Personally identifiable information such as student name, student ID number, or personal characteristics, grades, GPA, class schedules, class roster, a computer screen, a computer printout, notes taken during an advising session, or a document in the Office of the Registrar.
• Education records can exist in any medium including typed, computer-generated (monitor screen), video, microfilm, microfiche, email, notepad, and others.
• Academic records, financial aid, disciplinary actions.

Education Records do not include

• Sole Possession records (records/notes in sole possession of the maker, used only as a personal memory aid and not revealed to any other person except a temporary substitute for the maker of the records which may include notes an instructor makes in regard to career/professional guidance to a student, etc.).
• Medical records.
• Employment records when employment is not contingent on being a student provided the record is used only in relation to employment.
• Records created and maintained by a law enforcement unit used only for that purpose.
• Post attendance records (information about a person that was obtained when the person was no longer a student).

Directory information

Schools may disclose, without consent, directory information. Eligible students may request that the school not disclose directory information about them.
Directory information is defined as the following:

• Student’s name
• Student’s address listings
• Student’s phone number listings
• Student’s e-mail address
• Student’s photograph
• The most recent previous educational agency or institution attended
• Enrollment status
• Full-time/part-time status
• Dates of attendance
• Major
• Freshman/sophomore standing
• Candidacy for degrees/certificates
• Degrees conferred and dates
• Awards and honors received
• Participation records in officially recognized activities and sports
• Height and weight of members of athletic teams

Information that generally cannot be released without the students' prior written consent

• Social Security Number /Student ID Number
• Student's Date of Birth
• Class Schedule
• Academic Standing (Probation or Suspension Status)
• Grade Point Average/Grades
• Transcript
• Parent's Address
• Gender
• The exact number of credits the student is enrolled in
• Nationality/Country
• Student Disability Status
• ANY information which is NOT directory information

The Solomon amendment

Under the 1996 amendment, institutions are required to provide directory information on students at least 17 years of age who are registered for at least one credit, upon request from the Department of Defense for military recruiting purposes.

Protection of Student Records

Student education records are considered confidential and may not be released without the written consent of the student, except by provisions outlined in FERPA.

• Faculty/staff have the responsibility to protect education records in their possession.
• Student information may be accessed only for legitimate educational use.
• Use of a student ID number, social security number, or any portion of the number cannot be used in a public posting of grades. You may not ever link the name of a student with the student's ID number in any public manner.
• Graded exams, papers, assignments, etc. may never be left in a stack for students to pick up by sorting through the work of all students.
• You may not circulate a printed class roster with student names and ID numbers or grades as an attendance roster.
• You may not provide lists of students enrolled for any commercial purpose.
• You may not discuss the progress of a student with anyone other than the student (including parents/guardians/spouse) without the written consent of the student; unless there is a legitimate educational interest with another school official. E.g.: advisor, department chair, Office of the Registrar, etc.
• Do not include the GPA in a letter of recommendation without the written request from the student specifying what records are to be disclosed, stating the purpose of the disclosure, and identifying the party to whom the disclosure may be made.
• The Release of Information (FERPA) form can be found on the FERPA Forms page.

When do FERPA rights begin at º£½ÇÉçÇø?

• Once a student has been admitted to º£½ÇÉçÇø, FERPA rights begin.
• FERPA rights transfer from the parent to the student when a student reaches the age of 18 or begins attending a postsecondary institution regardless of age.

Parents rights

• Parents may obtain directory information at the discretion of the º£½ÇÉçÇø Office of the Registrar.
• Students may sign a release form to allow third-party access to their education records.
• Emergency situations should be referred to as Campus Safety at Ext 6605.
• The whereabouts of a student (class schedule) may never be released.

Accessing student information

• The student and any outside party who has the student's written request.
• School officials (as defined by the College) who have legitimate educational interests.
• Parents of a dependent student as defined by the Internal Revenue Code and if proof is provided to the Office of the Registrar.
• A person in response to a lawfully issued subpoena or court order, as long as the College makes a reasonable attempt to notify the student first. As the FERPA Compliance Officer, the Registrar is responsible for fulfilling all student record requests, including in response to a subpoena.

To whom, and under what conditions, can colleges disclose personally identifiable information?

Generally, schools must have written permission from the eligible student in order to release any information from the student's education record. However, FERPA allows schools to disclose those records, without prior written consent, to specific parties, and under specific conditions. See the most recent º£½ÇÉçÇø Academic Catalog for a full listing of exceptions.

School Official

A school official is a person employed by the College in an administrative, supervisory, counseling, faculty, or support staff position; a person or company with whom the College has contracted as its agent to provide a service instead of using College employees or officials (such as an attorney, auditor, external evaluator, medical service provider, law enforcement or security personnel, or collection agent); a person serving on the º£½ÇÉçÇø Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.

Legitimate Educational Interest

A school official has a legitimate educational interest if the official needs to access/review an education record in order to fulfill his or her responsibilities for the College. Any school official who needs information about a student in the course of performing instructional, supervisory, advisory or administrative duties for the College has a legitimate educational interest. The information must not be used for personal or other purposes extraneous to the official’s areas of responsibility. Having access to education records does not constitute authority to view this information or share this information with anyone who does not have legitimate educational interests.

How does technology impact FERPA?

The same principles of confidentiality that apply to paper records also apply to electronic data.

º£½ÇÉçÇø Faculty and staff are expected to adhere to the following:

• Must protect their usernames and passwords from unauthorized use (they are responsible for all activities on their user ID and that originate from their systems).
• Can only use computer systems for authorized purposes.
• Can only access information to which they have been given authorized access.
• Must not use another person's system/user ID/password/data.
• May not make or permit the unauthorized use of the information contained within any º£½ÇÉçÇø system.
• Are not permitted to seek personal benefit or allow others to benefit personally from information to which they have access by virtue of their position.
• May not knowingly include or cause to be included in any records a false or misleading entry.
• May not knowingly change or delete or cause to be changed or deleted an entry in any record, unless in accordance with College policies and procedures.
• May not remove any official records or copy thereof from the office where it is maintained, copied, or printed via electronic means except in the performance of a person's duties, and in accordance with established policies and procedures.

Violations may lead to disciplinary action including but not limited to reprimand, suspension, or dismissal. Violation can also lead to action under applicable State or Federal statutes. Before divulging information about a student's record, the staff should ask the student for picture ID (e.g. Student ID card or driver's license) and verify the student's identity. Special care must be taken when information is requested over the phone or online. Positive identification must be made before releasing information about a student's record. At least three pieces of information should be used to help identify a student and should be very specific to the student- ones where only the student would know the answer. You SHOULD NOT use your Social security number or date of birth.

WHEN IN DOUBT DON'T GIVE IT OUT!

Key Resources for Additional Information:

•  (Federal Relations)
•  (administers FERPA compliance)