Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act of 1974 also known as the Buckley Amendment helps protect the privacy of student records. The Act provides for the right to inspect and review education records, the right to seek to amend those records and to limit disclosure of information from the records. The Act applies to all institutions that are the recipients of federal funding.

When a student reaches the age of 18 or begins attending a postsecondary institution regardless of age, FERPA rights transfer to the student.

Institutions may disclose education records of students to their parents under the following conditions which include:

• Obtaining the student’s written consent
• Having the parents establish the student’s dependency as defined by the Internal Revenue Code
• A health or safety emergency.

With certain exceptions, a student has rights of access to those records which are directly related to him/her and which are maintained by an educational institution or party authorized to keep records for the institution. “Educational records” include any records in the possession of an employee which are shared with or are accessible to another individual.

FERPA contains no requirements that certain records be kept at all. This is a matter of institutional policy and/or state regulation. The records may be handwritten or in the form of print, magnetic tape, film or some other medium. FERPA coverage includes records, files, documents, and data directly related to students. This would include transcripts or other records obtained from a school in which a student previously enrolled.

• Sole possession records or private notes held by educational personnel which are not accessible or released to other personnel
• Law enforcement or campus security records
• Records relating to individuals who are employed by the institution (unless contingent upon attendance)
• Records relating to treatment provided by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional and disclosed only to individuals providing treatment
• Records of an institution which contain only information about an individual obtained after that person is no longer a student at the institution (i.e., alumni records)

• Any information that pertains to another student
• Financial records of the student’s parents
• Some confidential letters and statements of recommendation under conditions described in FERPA Section 99.12.

Institutions may disclose information on a student without violating FERPA through what is known as "directory information." This generally includes student’s name, address, telephone number, date and place of birth, major field of study, participation in officially recognized sports and activities, weight and height of athletes, dates of attendance, degrees and awards received and other similar information.

Each institution is required annually to identify what constitutes directory information within its policy. This notice must also provide procedures for students to restrict the institution from releasing directory information.

• The student and any outside party who has the student’s written consent
• School officials who have “legitimate educational interests” as defined in FERPA
• Parents of a dependent student as defined by the Internal Revenue Code
• A judicial order or subpoena which allows the institution to release records without the student’s consent; however, a “reasonable effort” must be made to notify the student before complying with the order

Access should be granted under the following legitimate educational interests:

• Specific job duties as defined by the college
• Student’s permission
• Academic Placement by faculty
• Counseling/Academic Advisement by faculty
• Research Studies
• Direct tutorial assistance to the student by faculty

Except for specific exceptions listed below, a signed and dated consent by the student must be obtained before any disclosure is made.

The written consent must:

• Specify the records that may be disclosed
• State the purpose of disclosure
• Identify the party or class of parties to whom the disclosure may be made

• The student’s name
• Name of the student’s parent or other family members
• Address of the student or student’s family
• A personal identifier, such as a social security number or student number
• A list of personal characteristics

The thirteen exceptions are:

1. To school officials (defined in policy)
2. To schools in which a student seeks to enroll
3. To Federal, State and local authorities involving an audit or evaluation of compliance with education programs
4. In connection with Financial Aid
5. To State and local authorities pursuant to State law adopted before Nov. 1974 requiring disclosure
6. To organization conducting studies for or on behalf of educational institutions
7. To accrediting organizations
8. To parents of dependent students
9. To comply with judicial order or subpoena
10. Health or safety emergency
11. Directory information
12. To the student
13. Results of disciplinary hearing to an alleged victim of a crime of violence

The use of computerized record-keeping systems is increasing at a tremendous rate. We can anticipate that electronic data will eventually replace most paper documents. Registrars should ensure that appropriate policies are established to protect the confidentiality of those records, educate faculty and administrators about the policies, and make sure the policies are enforced. The same principles of confidentiality must be applied to electronic data as it applies to paper documents.