What is FERPA? Family Educational Rights and Privacy Act

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What is FERPA?
Family Educational Rights
and Privacy Act
Family Educational Rights and
Privacy Act of 1974
“A FEDERAL LAW DESIGNED TO PROTECT THE
PRIVACY OF EDUCATION RECORDS, TO ESTABLISH
THE RIGHT OF STUDENTS TO INSPECT AND
REVIEW THEIR EDUCATION RECORDS, AND TO
PROVIDE GUIDELINES FOR THE CORRECTION OF
INACCURATE AND MISLEADING DATA THROUGH
INFORMAL AND FORMAL HEARINGS.”
DEFINITIONS OF TERMS FOR ADMISSIONS AND RECORDS. Washington, D.C.:
AACRAO, 1980, p. 28.
BACKGROUND
 INTRODUCED IN 1974 BY SENATOR JAMES
BUCKLEY OF NEW YORK
 BEGAN AS A SECTION OF THE GENERAL
EDUCATION PROVISIONS ACT CALLED THE
PROTECTION OF THE RIGHTS AND PRIVACY OF
STUDENTS AND PARENTS
 ALSO REFERRED TO AS THE “BUCKLEY
AMENDMENT”
WHO ENFORCES FERPA?
THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY
ACT IS ENFORCED BY THE
FAMILY POLICY COMPLIANCE OFFICE,
U.S. DEPARTMENT OF EDUCATION,
WASHINGTON, D.C.
TO WHOM DOES FERPA
APPLY?
APPLIES TO ALL INSTITUTIONS THAT
RECEIVE FEDERAL FUNDING
(K-12 and Higher Education)
WHAT ARE THE CONSEQUENCES
FOR VIOLATING FERPA?
 FEDERAL FUNDS TO THE INSTITUTION
MAY BE CUT OFF
 FEDERAL
FUNDS INCLUDE FINANCIAL
AID AND EDUCATION GRANTS
STUDENT’S PRIVACY RIGHTS
ARE VIOLATED
WHAT DOES FERPA
GUARANTEE STUDENTS?
 RIGHT TO INSPECT AND REVIEW
EDUCATION RECORDS
 RIGHT TO SEEK TO AMEND EDUCATION
RECORDS
 RIGHT TO LIMIT DISCLOSURE OF
EDUCATION RECORDS
WHAT IS A STUDENT*?
(*at an institution of higher education)
Currently enrolled or formerly enrolled
Regardless of age
Regardless of parental dependency
Does not apply to deceased students or
persons who have applied but not attended
EDUCATION RECORDS
WHAT
AND
WHERE
ARE
THEY?
WHAT IS AN EDUCATION
RECORD?
AN EDUCATION RECORD CAN BE DEFINED AS:
ANY INFORMATION PROVIDED BY A STUDENT TO
THE UNIVERSITY FOR USE IN THE EDUCATIONAL
PROCESS
-ORANY RECORD FROM WHICH A STUDENT CAN BE
PERSONALLY IDENTIFIED
WHAT IS AN EDUCATION
RECORD?
AN EDUCATION RECORD MAY BE:
A DOCUMENT
A COMPUTER PRINTOUT
A CLASS LIST ON A DESKTOP
A COMPUTER DISPLAY SCREEN
A HANDWRITTEN NOTE
WHAT IS NOT AN
EDUCATION RECORD?
 Sole possession records or private notes
 Law enforcement or campus security records
 Records relating to individuals who are employed
by the institution (unless employment is
contingent upon student status)
 Records relating to treatment by physician,
psychiatrist, psychologist, etc.
DIRECTORY
INFORMATION AT ECU
 NAME
 ADDRESS (including e-mail
address)
 TELEPHONE
 DATE & PLACE OF BIRTH
 MAJOR FIELD OF STUDY
 ACTIVITIES & SPORTS
 HEIGHT & WEIGHT OF
ATHLETIC TEAM MEMBERS
 DATES OF ATTENDANCE
 DEGREES & AWARDS
RECEIVED
 MOST RECENT PREVIOUS
EDUCATIONAL AGENCY OR
INSTITUTION ATTENDED
ACCESS TO DIRECTORY
INFORMATION
 Directory information can be released by
ECU without written consent of the student
 Students may choose to not have their phone
number published in directories
 Students may choose to file a NonDisclosure with the Office of the Registrar
REQUEST TO PREVENT
DISCLOSURE
 PREVENTS ALL DIRECTORY INFORMATION
FROM BEING RELEASED WITHOUT PRIOR
CONSENT
 THIS INCLUDES (BUT IS NOT LIMITED TO)
INFORMATION REQUESTED BY INSURANCE
COMPANIES, POTENTIAL EMPLOYERS,
ENROLLMENT VERIFICATIONS TO OTHER
INSTITUTIONS, PARENTS
Disclosing Non-Directory
Information
 A school official has a legitimate educational
interest if the official needs to review an education
record in order to fulfill his/her professional
responsibility.
 Legitimate Educational Interest = The demonstrated
need to know by those officials of an institution
who act in the students’ educational interest,
including faculty, administration, clerical and
professional employees, and other persons who
manage student record information.
PARENTAL ACCESS TO
STUDENT RECORDS
 AT THE
COLLEGE/UNIVERSITY
LEVEL, RIGHTS
TRANSFER FROM
PARENTS TO
STUDENTS
 REGARDLESS OF THE
AGE OF THE STUDENT
How Parents Can Obtain
Information
Parents can provide to the Office of the Registrar:

The specific written consent of the student:
 An online “Buckley Form” completed on OneStop by the student
 Specific letter for the current request for information

A copy of their most recent tax return form stating their
son/daughter is a dependent
QUESTIONS?
CONTACT OUR OFFICE
 PHONE: (252) 328-6524
(252) 328-6747
 EMAIL: REGIS@ecu.edu
 OFFICE: WHICHARD BUILDING
 WEBSITE: www.registrar.ecu.edu
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