Faculty Legal Issues: FERPA
Larry Barkoff
Assistant General Counsel
FERPA
(Family Educational Rights
and Privacy Act of 1974)
Overview
• FERPA (Family Educational Rights and Privacy
Act of 1974) governs and protects students’
educational records.
• FERPA grants students the right to access their
own educational records as well as limiting, for
privacy reasons, the release of those same
records to anyone other than the student and/or
the student’s designee. FERPA applies to all
current and former students of the University. It
does not apply to applicants.
Rights Under FERPA
• Affords students the right to…
 Review and inspect their records within 45 days
 Seek to amend or correct their records
 Control disclosure of certain records and/or parts
of records (i.e. personally identifiable information
– info that would directly identify the student or
make it easy to trace the student’s identity)
 File complaints with the DOE’s Family Policy
Complaint Office (FPCO)
What are Educational Records?
• Any information maintained by the University, in
any medium, that is directly related to the
student.
• YES – Name of Student or family members, Address, Any
Unique Characteristic that would identify student, Grades,
Test Scores, ID Numbers, Social Security Numbers,
Financial Records, Class Schedule, Disciplinary Records
• NO – Personal Notes made by faculty/staff, Employment
Records, Law Enforcement Records, Financial Records of
Spouse or Parent, Confidential Letters of Recommendation
Placed in Student’s filed before 1/1/1975 or after that date if
student waives right to see them, Medical or Counseling
Records Used Solely in Treatment, Alumni Records
Directory vs Non-Directory Info
• Directory information is designated by EMU;
may be released without permission unless
student requests that any/all of it stay private.
•
EMU has designated the following as Directory Information
 Name
Address
Telephone number
E-mail address
Date and place of birth
Major field of study
Participation in recognized activities and sports;
Weight and height of members of athletic teams
Dates of attendance
Enrollment Status
Degrees and awards received (inc., but not limited to, the Dean's List)
Previous educational agency or institution attended.
Directory vs Non-Directory Info
• Non-Directory information must not be
disclosed to anyone, including parents,
without prior written consent of the student
unless the discloser falls under one of the
exceptions found in FERPA.
• Examples include Social Security Number, Campus
identification number, Place of birth, Residency status,
Marital status, Married name or previous name,
Parents name and address, High school units, Transfer
credits, Courses completed, Grades, Credits, and
grade points, Rank in class, Current class schedule,
Advisor's name, Academic actions, Current disciplinary
actions
Written Permission Not Needed
• Info designated as Directory Information
• Other schools in which a student ‘seeks’ or intends to
enroll.
• Specified officials for audit or evaluation purposes
• Appropriate persons or organizations in connection with
financial aid for which a student has applied
• Organizations conducting certain studies for or on
behalf of educational institutions to develop, validate or
administer predictive tests, administer student aid
programs or improve instruction
• Accrediting organizations
Written Permission Not Needed
• Authorized representatives of the following in
connection with an audit, evaluation or enforcement of
federal and state supported education programs:- The
Comptroller General of the United States The Attorney
General of the United States; The Secretary of the United
States Department of Education State and Local Educational
Authorities
• Parents or guardians of students under the age of 21
regarding violation of any law or institutional policy
governing the use of alcohol or a controlled substance
• Parents of a dependent student as defined by the
internal revenue code
• To comply with a judicial order or lawfully issued
subpoena
Written Permission Not Needed
• In cases of health and safety emergencies if knowledge
of the information is necessary to protect the health or
safety of the student or other individuals
• Results of disciplinary hearing to an alleged crime of
violence
• School officials with legitimate educational interest
School Official
• a person employed by EMU in an administrative,
supervisory, academic or research, or support
staff position, including law enforcement unit
personnel and health staff;
• a person or company with whom EMU has
contracted (such as an attorney, auditor, or
collections agent);
•
a person serving on the Board of Regents;
• 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
• At Eastern Michigan University, a
school official has a legitimate
educational interest if the official
needs to review an education
record in order to fulfill his or her
professional responsibility.
Parental Rights
• Parents have no inherent rights under FERPA to inspect
a student’s education records. Records may be but are
not required to be released to parents under the
following circumstances:
 with the written consent of the student
 in compliance with a judicial order or subpoena
 in connection with a health or safety emergency as
determined by the holder of the record
 if the parents declare the student as a dependent on
the most recent federal tax return
 in the case of violation of the college’s drug/alcohol
policy
Spousal Rights
• A spouse has no inherent rights
under FERPA to access the student’s
education record. A spouse must
produce written consent from the
student for access to information.
Release Forms
• Before releasing FERPA-protected information,
a signed and dated consent must be obtained
from the student. This written consent, which
may be an electronic signature, must:
•
specify the records that may be disclosed
•
state the purpose of the disclosure
•
Identify the party or class of parties to whom
the disclosure may be made
Destruction of Records
• Can’t just throw a document in the trash if it
contains ANY identifiable student information.
• Three appropriate ways of destroying records
 Shredding
 Burning
 Sensitive Materials Recycling (bins are locked)
Danger Zones for Faculty
• Not Related to Posting of Grades
 See Handout
• Related to Posting of Grades
 See Handout
• Use “Consent Form to Post Grade by Student
Created Pin Number”
 See Handout
FERPA Violations and Penalties
• Under federal law, FERPA violations may result
in the loss of federal funding for the University.
• Under state law, both the University and you
could be sued for breach of confidentiality
and/or invasion of privacy.