Ferpa

What is FERPA?

FERPA is an acronym for the Family Educational Rights and Privacy Act (20 U.S.C. 1232g, 34 CFR § 99). Congress enacted FERPA, also referred to as the “Buckley Amendment,” in 1974. FERPA conditions federal educational funding on providing student access to, and maintaining the privacy of, education records. Faculty, staff, administrators and other university officials are required by FERPA to treat education records in a legally specified manner.

Where do I find The Master’s University FERPA Policy?

The University’s policy in response to FERPA is Student Records Policy: Disclosure of Student Information. The summary information in this tutorial cannot be a substitute for reading The Master’s University Student Records Policy.

Who is protected under FERPA?

The rights under FERPA apply to eligible students. An eligible student is an individual who is, or has been, in attendance at The Master’s University.

What are a students’ rights under FERPA?

There are primarily seven rights under FERPA. These are the rights:

• to be informed about educational records;

• to inspect them;

• to request an amendment to the records;

• to challenge the accuracy of the records;

• to prevent unauthorized disclosure of the records;

• to file a complaint with the U.S. Department of Education (DOE) about a violation of FERPA; and

• to waive these rights in writing.

Do parents have any rights?

When a student is in attendance at the University, the student exercises the rights under FERPA. In elementary and secondary schools, those rights are exercised by the parent.

FERPA does allow the University to disclose education records to parents of dependent students just as they would to the student. Dependent means a dependent pursuant to the definition under the IRS Code. The Office of the Registrar maintains a record of those students whose parents have provided required documentation that the student is a dependent under the federal tax laws.

Faculty and staff need to be careful when a parent calls and asks for information about a student. If there is no written waiver by the student or the student is not a dependent, disclosure even to a parent can be unlawful. In these situations, faculty and staff should obtain assistance first from the Office of the Registrar.

What is an education record?

The definition of education record under FERPA is broad. It essentially refers to any record that is directly related to a student and that is kept by the University or someone acting on behalf of the University. A record includes information that is recorded in any way, including by computer media. When in doubt, assume that the item, if it relates to a student, is an education record and seek further assistance.

The terms “student record” and “education record” are often used interchangeably. They are, however, distinguishable under FERPA. For example, as discussed below, some student records are not considered education records and are not subject to FERPA protection.

Written permission must be obtained from a student before releasing an education record, unless the request fits certain narrow exceptions. The Student Record Policy summarizes these exceptions.

One exception, for which written permission from the student is not generally required, is the release of directory information. Directory information is discussed later in this tutorial.

What is not an education record?

FERPA has a number of key exceptions to the definition of education records. Those include:

• Records of the University’s Office of Public Safety;

• Employment records where employment is not connected to student status;

• Medical and mental health records used only for the treatment of the student;

• Alumni records that do not relate to the person as a student; and

• Records made by instructional, administrative and educational personnel not shared with others.

While some records, like medical treatment records, may not be an education record under FERPA, they are confidential under other provisions of law and professional ethics requirements. Also, if records of the University’s Office of Public Safety are shared with others on campus, such as Student Development for disciplinary reasons, they become education records.

What are some common examples of education records that might exist on a student?

The University creates or maintains many education records on a typical student. For example, Mary Doe is admitted to The Master’s University to complete a B.S. in Elementary Education. Though she has a small financial aid award to cover room and board, she has a work-study job in the Education Department to make ends meet. For her disclosed learning disability, she gets tutoring in the Learning Center, but it does not interfere with her participation on the women’s soccer team. A letter she wrote to Student Life about what she learned as the subject of a minor disciplinary charge was considered so incisive that it was shared with Student Life staff via e-mail. When Mary had doubts about whether she was suited for a career in teaching, she met with her academic advisor who took notes and later referred her to the Biblical Counseling Center for help with anxiety. The counselor wrote to Mary’s academic advisor to find out if Mary could rearrange her class load. The principal at the school where Mary completed her classroom observations sent a letter to the Dean praising Mary’s patient attitude with the students. Mary’s grade point average upon graduation was 3.75.

There are many education records on Mary, found in several different offices: Admissions, Registrar, Financial Aid, Education Department, Student Development, Student Life, Learning Center, Disabilities Services, Campus Ministry, Payroll, Biblical Counseling Center, Athletics, Office of Campus Security, her academic advisor and the principal at the elementary school. Education records about Mary are also stored on the University’s e-mail system, and in hard copy in department files.

What is “directory information”?

FERPA permits institutions to specifically define some education record information as directory information not confidential under FERPA. This is information that is generally not considered harmful or an invasion of privacy if disclosed.

The Master’s University has defined “directory information” as:

• Name

• TMU E-mail Address

• Campus Mail Box Number

• Date of birth (verification only)

• Major field of study

• Participation in officially recognized activities and sports

• Height and weight of members of athletic teams

• Dates of attendance at the university

• Degrees and honors received

• Enrollment status (undergraduate or graduate, full-time or part-time)

• Year in school

• Photographs

• The most recent educational agency or institution attended

As discussed below, before releasing any directory information, check the computer database or call the Office of the Registrar to see if the student has placed a hold on the release of directory information.

Can a student refuse to allow directory information to be released?

Yes. Under FERPA, the University must allow a student to opt out of the release of directory information. Students must complete a form to request that the Office of the Registrar keep all directory information restricted from release. Directory information in a restricted record may not be released without written permission from the student, unless the request for release fits certain exceptions (discussed below). Therefore, faculty and staff need to be careful about assuming that because an item is directory information it can be freely disclosed. If a student has requested to withhold directory information, a note will be placed on his Financial Aid account and also on the Enrollment file indicating restricted access.

How does a student give specific consent for release of educational records?

The student can provide a written release giving specific consent to the disclosure of the student’s education records. The release needs to be dated and signed and must describe the records, the purpose for the release, list to whom the records can be given and a time for how long the release is effective.

A faculty member should have a student sign a release before providing a job reference or a reference for the student for certain academic purposes, such as scholarships or awards. The job reference is one area where faculty often forget to obtain a written release.

Proposed regulations under FERPA specify that a school may accept electronic consents and signatures when reasonable security is provided for the process. Until the amendments become law, an electronic consent is not acceptable because it does not contain the student’s signature. Therefore, a faculty member should not consider an e-mail from a student to be a valid consent for release of education records.

If a record contains personally identifiable information on other students, delete that information before disclosing the record for the student who has provided written consent.

The Registrar is the University’s official responsible for keeping all official academic education records. Only the Office of the Registrar may release an official transcript. All requests for education record information originating from outside the University should be directed to the Office of the Registrar

When is written consent not necessary?

FERPA provides many specific exceptions when the University can disclose education records without specific student consent. Many of these exceptions are provided in the regulations to allow for the reasonable and practical workings of an educational institution.

Some of the most common exceptions include:

• Disclosure to other school officials within the University whom the University has determined to have legitimate educational interests;

• Disclosure to officials of another school where the student seeks to enroll;

• Disclosure in connection with financial aid for which the student has applied;

• Disclosure to accrediting organizations to carry out their accrediting function;

• Disclosure to parents of a dependent student, as defined by the IRS Code;

• Disclosure to comply with a judicial order or lawfully issued subpoena;

• Disclosure in connection with a health or safety emergency; it is determined that “there is an articulable and significant threat to the health or safety of the student or other individuals.”

• Disclosure to military recruiters.

Who is a “school official”?

A school official is a person employed by the University in an administrative, supervisory, academic, research or support staff position; a trustee or outside contractor such as an attorney or auditor acting as an agent for the University; students or others serving on an official committee, such as a disciplinary or grievance committee, or who is assisting another school official in performing his or her tasks.

What is a “legitimate educational interest”?

A school official has a legitimate educational interest in the protected education records if the official is:

• Performing a task that is specified in the official’s position description or contract agreement; related to a student’s education; or related to the discipline of a student;

• Providing a service or benefit relating to the student or student’s family, such as health care, counseling, job placement, or financial aid;

• Maintaining the safety and security of the campus.

Legitimate educational interest does not include simply having a curiosity about the academic record or disciplinary proceedings with regard to a student without some legitimate academic reason. Thus, all records of all students are not open to all faculty or staff at the University.

Consult with the Office of the Registrar if you have any questions about whether a legitimate educational interest exists in connection with a request for student data.

What are the sanctions or liability risks for a FERPA violation?

FERPA provides for a complaint procedure to the United States Department of Education with an ultimate sanction of withholding of federal funding. While there is generally no private cause of action directly under FERPA, students may seek to hold the University or individuals liable under common law tort theories such as invasion of privacy. Faculty, staff, administration or students who violate the University’s FERPA policy will be subject to corrective or disciplinary action, depending on the individual circumstances.

Who can I talk to if I have further questions about FERPA?

The Office of the Registrar is the first stop for any questions about FERPA or the University’s policy (661-259-3540 ext 2813).

At a minimum, each person on campus who has access to student record information should read the Student Record Policy.

Tips on Managing Student Records *

* Adapted from Of Counsel – A Bulletin on Legal Issues at Catholic University of America – November 1997.

DO review a copy of The Master’s University Student Record Policy before responding to a request for education records.

DO NOT release directory information on a student without checking Powercampus/PowerFaids or the Office of the Registrar to see whether the information has been flagged for non-release.

DO check with the Office of the Registrar before disclosing any student educational record information to third parties outside the institution.

DO refer all subpoenas or IRS summons or other legal process requests for education records to the Office of the Registrar.

DO obtain signed, written permission from the student before sharing educational record information, including grades and grade point averages, with parents or others outside the institution. (Exception: a parent who provides the Office of the Registrar a copy of his/her most recent federal income tax return or other evidence of the dependent status of the student may be given access to student record information.)

DO NOT request information from an education record custodian, or access the student’s records by computer, unless you have a legitimate educational interest and are authorized under The Master’s University student records policy to access the information.

DO follow the confidentiality provisions of FERPA by not sharing education records information with your colleagues unless a legitimate educational interest exists.

DO NOT put purely personal notes (for example, from a committee meeting recommending students for a particular program) in the student’s file, because those notes will become accessible to the student. Such records can be kept confidential only if they are kept in the sole possession of the maker and are not accessible or revealed to any other person. Official committee minutes are likely to be considered accessible.

DO NOT post students’ papers, scores or grades in a public place on which names, Social Security numbers, or other personal identifiers are displayed. If posted, use a code known only to you and the student.

DO remember that medical, mental health, Biblical Counseling and law enforcement records should not be put in the student’s file with the student’s education records. Medical, Biblical Counseling and mental health records supporting an accommodation for a disability should be forwarded to the Nurse in an envelope marked confidential, and law enforcement records should be kept in the Office of Campus Security.

DO NOT release information about a student disciplinary matter without conferring with the Vice President for Student Life.

Continue to FERPA Quiz