What is FERPA?
Family Education Rights and Privacy Act of
1974
• Also known as Buckley Amendment.
• Applies to all schools that receive funds
from the Secretary of Education.
• Protects privacy of students educational
records and allows students to access their
records.
Essence of FERPA:
• College students have right to:
– Review their own records
– Seek correction of erroneous records
– Block disclosure of any or all directory
information
» Directory information- information
whose release is generally not
considered a violation of privacy
Essence of FERPA (cont.):
• Colleges must not disclose personally
identifiable educational records unless:
– Student provides written consent
OR
– Records are directory information
(unless blocked)
OR
– Person making request is exempt from
written consent requirement
Why worry about FERPA?
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Lawsuits
Loss of Federal funding
Dismissal
The right thing to do!
What are educational records?
• Any student information maintained by
the University.
– Examples
• Grades
• Enrollment records
• Class schedules
• Printed class lists
• Test papers
• Can exist in any form-handwritten note,
computer file, or print.
Faculty guidelines regarding educational
records:
• Educational records are confidential-except
directory information. Do not release them
without written student consent.
• Refer all requests from off campus to Registrarincluding request for directory information.
• Protect all educational records in your possession.
• Don’t keep any records you don’t need.
Official UWSP list of Directory Information:
• Name
• Home address
• Home telephone number
• Local address (Student should keep current address
on file in the Office of the Registrar.)
• Local telephone number
• E-mail address
• Place of birth
• Major/minor field of study, and college
• Participation in officially recognized university
activities and sports
Official UWSP list of Directory
Information: (cont.)
• Weight and height of members of athletics teams
• Registration: (including beginning, ending,
registration and withdrawal dates; credits carried in a
term; current classification; and graduation dates)
• Degrees and awards received (type of degree and date
granted)
• The most recent previous educational agency or
institution attended
• Name of parents or guardian
• High school from which you graduated
Choosing not to release directory
information:
• Directory information is usually released
without student consent.
• Exceptions:
– Students can block disclosure of some or all
directory information.
– University may refuse disclosure, however WI
open records law determines our release.
Releasing directory information offcampus:
• External requests are handled through Registrar.
• University must maintain record of:
– Names and address of requestors
– Indicated interest
– The date of disclosure
– Person to whom records are released
Faculty and staff guidelines regarding
directory information:
• Make sure it’s directory informationcheck official UWSP list.
• Make sure student has not restricted their
release.
• Class lists identify students who have
restrictions.
• Refer off-campus request to the Office of
the Registrar. (registrar@uwsp.edu).
Stop and Think:
• Is it permissible for
instructors to post
grades outside the
office door using only
the last four digits of
the students’ Social
Security number as
identifiers?
Answer: No.
• Grades linked to students by any part
of Social Security numbers,
University ID numbers, names, or
any other identifying information
must not be released or posted.
Stop and Think:
• An instructor would like his
class to see a listing of all the
scores on a test. The list
contains no names or other
identifying information. Does
the instructor need written
consent from the students to
display this information?
Answer: No.
• A list of scores that cannot in any
way be linked with individual
students does not require written
consent.
Stop and Think:
• A student named Stevie Pointer
was ill the day the instructor
handed out the graded quiz.
Stevie emails his instructor asking
for his score. The return address
is Stevie.Pointer@hotmail.com
•Can this instructor safely hit REPLY
and respond with a grade?
Answer: No.
• The instructor cannot be sure the private
information is being mailed to the right
person. Regardless how unique the name,
instructors should direct email with
protected information only to the students’
official UWSP email address.
• For example:
– stevie.pointer@uwsp.edu
Stop and Think:
• Is it lawful for an
instructor to pass
around an
attendance roster
that includes
University ID
numbers?
Answer: No.
• A University ID number is not directory
information. Neither is a class list.
Releasing either requires written consent
from the student.
Stop and Think:
• A local newspaper
requests a list of students
who are participating in a
study abroad program in
the Middle East. Is the
University required to
disclose the names of all
participants?
Answer: No.
• Although participation in a study
abroad program could be directory
information, the location of the
program and the list of student
participants is not. Requests like this
should be referred to the Office of
the Registrar.
What form must a student consent
take?
• Must be written or typed (preferably
on form provided by the Office of
the Registrar)
• Example: Letter of
Recommendation release
Who does not require a written
student consent?
• University of Wisconsin Stevens Point
officials who have “legitimate educational
need”:
– Demonstrated need to know by school officials acting
in student’s educational interest.
• Curiosity is not a legitimate educational
need.
Records school officials may not access:
• Educational need to know is not justification for
inspecting:
– Personal notes of faculty and staff
– Employment records in jobs not obtained as
result of student status
– Medical and counseling records used solely for
treatment
– Records in the Department of Public Safety
– Financial records of parent or spouse
Who are school officials?
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Faculty
Administrators
Researchers
Clerical and professional employees who manage student
records
Support units, staff-security officers, health care providers,
clergy
Members of Board of Trustees
Students serving on official University committees or assisting
qualified officials
Consultants and Volunteers working on behalf of the
University
Stop and Think
• Do faculty have
unlimited access to
educational
records without
student consent?
Answer: No.
• Faculty may access records without
written consent only if they are
acting in a student’s educational
interest and have a demonstrated
need to know.
Stop and Think:
• A female colleague
had one of your
students in class last
semester and wonders
how the student is
doing this term. Is it
lawful to share the
student’s grades with
her?
Answer: No.
• The colleague does not need this
information to carry out her
educational responsibilities.
Curiosity is not a legitimate need.
The University may disclose records
without written consent to:
• School officials with legitimate educational need
to know
• Students requesting to view their own records
• Persons in an emergency, if the information is
necessary to protect health or safety
– Refer all requests to Student Affairs, Protective Services,
or the Office of the Registrar
• Persons complying with judicial order or subpoena
– Refer all requests to the Office of the Registrar
The University may disclose records
without written consent to:
• Persons under contract with University
(attorneys, auditors, collection agents)
• Persons or organizations providing financial aid
or involved in related duties or decisions
• Organizations conducting studies to develop,
validate, and administer predictive tests or
improve instruction
• Accrediting organization carrying out accrediting
functions
The University may disclose records
without written consent to:
• Authorized representatives of government
agencies for audit, evaluation, and enforcement of
programs:
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U.S. Comptroller General
Department of Education
Attorney General (law enforcement only)
State educational institutions
• School officials of other institutions in which
student seeks enrollment:
– Inform students of disclosure
The University may disclose records
without written consent to:
• Court officials, if student has initiated legal action against
school or vice versa
• Alleged victims of violent crimes requesting results of
school disciplinary proceedings regarding perpetrators.
• Public requesting findings of campus disciplinary body.
• Veterans Administration officials requesting information
related to VA programs
• Representatives of Immigration and Naturalization Service
requesting information related to SEVIS.
Stop and Think:
• American College Testing
(ACT) is conducting a study
on the advantages and
disadvantages of selective
admission.
• Is the University required to
obtain written student
consent before disclosing
these educational records?
Answer: No.
• The University does not need to obtain written
student consent when groups requesting records
are working to further the educational process by:
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Conducting effectiveness studies
Approving accreditation
Developing predictive tests
Providing or making decisions about financial aid
Auditing, evaluating, and enforcing governmental
programs
Stop and Think:
• A police officer phones
and asks you to send him
a class list to aid him in
carrying out his
investigation of one of
your students. Is it lawful
to comply with his
request?
Answer: No.
• A class list is not directory information. It
cannot be released unless the police officer
has a subpoena. In that case, the request
should be handled through the Office of the
Registrar.
Reminder: Refer all non-UWSP requests for student
information, including directory information, to
the Office of the Registrar.
Stop and Think:
• A student asked her
instructor to write a letter of
recommendation. She gave
the instructor a copy of her
resume, which included her
GPA.
• May the faculty member
include her GPA in the letter
without the student’s written
consent?
Answer: No.
• The student’s grades and GPA are not directory
information. The instructor must not release this
information unless:
– The student provides written consent
OR
– The request is made by a UWSP official or other
authorized person with legitimate educational need
Reminder: Be sure to check with the Office of
the Registrar before releasing records to
anyone off campus.
Stop and Think:
• Do student representatives
on official University
committees (e.g., honors,
curriculum) have the right to
see other students’
educational records during
deliberations of that
committee?
Answer: Yes.
• Students on official University
committees are University officials
with a legitimate educational need to
know.
Stop and Think:
• What about students who
are hired by the
University for work in
department offices?
• Can these students view
other student records?
Answer: Yes.
• Student employees assisting
University officials with legitimate
educational needs can view records.
• These students must first sign a
confidentiality statement.
Stop and Think:
• Which one of the following student
records can a faculty member inspect
based on legitimate educational need?
A. Student University ID numbers
B. Medical and counseling records
used for solely for treatment
C. Financial records of student’s
parents or spouse
D. Records in Dept. of Public Safety
Answer: A
• Faculty may have a legitimate educational need
to view student University ID number. For
example, University ID’s may be used as
identifiers on tests scored by Exam Services.
• The other choices (medical, financial, and
University security information) may not be
educational records.
Our FERPA obligation to Students:
• Must provide annual notification of FERPA
rights, including definitions of key terms:
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Educational record
School official
Legitimate educational interest
Directory information
• Must provide annual opportunity to refuse
disclosure of directory information.
– Students must have reasonable time to submit request.
– Request must be in writing.
What about parental rights?
• Parental FERPA rights transfer to the
student when the child:
– Turns 18
OR
– Enrolls in a post-secondary institution as a
degree-seeking student
Parental rights ( cont.):
• According to FERPA, college students are considered
responsible adults and are allowed to determine who will
receive information about them.
• We at UWSP believe that this communication between parent
and student will foster long term growth in relationships.
• The quickest, easiest way for parents to receive student
information such as grades, schedules, financial statements, is
for the student to provide this to their parents. Students can
look information up online and e-mail a copy to their parents.
Student records are available through their myPoint account.
Stop and Think:
• Do students have
the right to inspect
their educational
records?
Answer: Yes.
• Students have the right to review
their own records
Technology uses impacting FERPA:
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Faculty/student email
Posting grades
Distance learning
E-signatures
PINs
E-mail transcript requests
Tracking/logging
Annual notification of FERPA rights via
web
Summing up:
• IF information
– Is maintained by University and
– Can be linked to individual student, and
– Is not directory information
• THEN it must not be released unless:
– Student provides written consent or
– Person making request is a UWSP official with a
legitimate educational need to know
– Person making request is authorized non-University
official (e.g., working to monitor or improve educational
process.)
Summing up (cont.):
• External requests for student recordsincluding directory information-should be
referred to the Office of the Registrar.
• Certain records are not educational in
nature-must not be released.
Summing up (cont.):
• Students rights:
– To review their own educational records
– To refuse disclosure of directory information
to non-UWSP officials
– To receive annual notification of their FERPA
rights
Remember…
• When in doubt, don’t give it out.
Call the Office of the Registrar.