FERPA
The Family Educational Rights and Privacy Act
(The Buckley Amendment)

FERPA Case Study
The parents of one of your students call you
at the office. They are upset that their
daughter has not told them what grades she
received last semester, her first on campus.
They suspect she did not do well, and that
she may be in danger of losing a merit
scholarship that helps pay tuition. They
provide the rest of the financial support for
their daughter, even claiming her as a
dependent on their federal taxes – so they
feel they have a right to know what the
grades were.
QUESTIONS:

Do you inform them of their daughter’s
grades?

What is your rationale for that decision?

If you do not grant their request, what
options do you discuss with the parents?
What is FERPA?
A federal law.
Provides minimum standards for the
management of student educational
records.
Applies to all educational agencies or
institutions that receive federal funds made
available under any federal program
administered by the Secretary of
Education.
Primary Rights of Students
Right to inspect and review educational
records.
Right to seek to amend educational
records.
Right to have some control over the
disclosure of information from
educational records.

The student does not have the right to
see:
Financial information submitted by the
parent.
Educational information of other students
such as grades or test scores
What are educational records?
All records which contain information
directly related to a student and are
maintained by the institution as a part of
the student’s permanent school record.
Two types of educational records
Directory Information
Non-Directory Information
Directory Information
Directory information may be disclosed
without the written consent of the student.
The student may restrict the release of
directory information.
STUDENT PRIVACY NOTICE
As a student you have certain rights provided by the federal Family Educational Rights and Privacy Act (FERPA). According to FERPA, educational entities
have the right to disclose certain “directory information.” This “directory information includes name; date of birth; current and permanent address; telephone
listing; major and minor; current class schedule; number of hours enrolled in current semester; classification; participation in officially recognized activities
and sports; weight and height of members of athletic teams; dates of attendance; degrees and awards received; most recent Educational Agency or
Institution attended. This information can be provided to anyone who inquires and usually includes but is not limited to other institutions, prospective
employers, or family members.
FERPA also allows, with your consent, for the Texas Higher Education Coordinating Board (the State of Texas educational governing entity) to disclose
student information, including the number of credit hours taken at other institutions, to a variety of parties including other educational institutions. This
information is typically used to gather demographic statistics aimed at improving educational programs.
YOU as a student have the right to request this information not be released.
Please indicate your request that South Plains College not release your directory information by checking the following:
______I do not want my “directory information” as described in the above paragraph to be released to any parties.
_____________________________________
(Signature)
__________________________________
(Social Security Number)
IMPORTANT NOTE:
If you request that your directory information be private, no information will be released to a third party. This means that your information will be
blocked from ALL requestors, including:
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Third party scholarship sponsors
National & state student honors programs
Employers certifying attendance and degrees
Published honor rolls
Recruiting lists for other colleges/universities
State tuition rebates, Texas Grant awards, and other state scholarships
What does SPC identify as Directory Information?
–
–
–
–
–
–
–
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Name
Date of Birth
Current and Permanent Address
E-mail address
Telephone Listing
Major and Minor
Enrollment Status (full-time or part-time)
Classification
Directory Information, continued
– Participation in Officially Recognized Activities and
Sports
– Major and Minor Field of Study
– Dates of Attendance (such as fall 2006 – not specific
attendance records)
– Degrees and Awards Received
– Most Recent Educational Agencies or Institutions
Attended
– Photo or other Image
Non-Directory Information
May not be released to anyone without
prior written consent of the student.
Faculty and staff can access non-directory
information only if they have a legitimate
academic need to do so.
Examples of Non-Directory Information
Social Security Numbers
Student Identification Numbers
Race, ethnicity and/or nationality
Gender
Transcripts; grade reports
Parents and FERPA
Parental rights transfer to the student upon
reaching 18 years of age or attending
school beyond secondary level.
The law allows parental access if the
student is claimed as a dependent for
Federal income tax purposes.
The parent must complete a Certificate of
Dependency form in Admissions and
Records Office before access to records is
permitted.
Inspection and Review of Education Records

§ 99.10 What rights exist for a student or
eligible parent to inspect and review education
records?
 School must comply with request within 45 days.
 Generally required to give copies only if failure to do
so would effectively deny access – example would be
a student or former student who does not live within
commuting distance.
 School may not destroy records if request for access is
pending.
Inspection and Review


FERPA does not permit an institution to defer
complying with a request to inspect and
review education records while the school is
not in session or when teachers or other
school officials who maintain the records are
on vacation.
Example: A parent filed a complaint against a
school district for violating § 99.10. The
parent made the request in June and the
district notified the parent that records from
teachers or service providers who were gone
for summer break would not be made
available until after school began in
September.
Inspection and Review

The 45-day response time is not limited to
administrative or “official” records maintained in a
central school or district office. Congress provided
up to 45 days to comply with a request, which
allows time for the agency or institution to locate
and retrieve education records maintained outside
or away from a student’s “official” or “cumulative
files.”
Failure to Comply with FERPA
Lawsuit
Loss of Federal funding
Conviction of misdemeanor under Public
Information Act
Remember:
When in doubt, don’t give it out!
FERPA Quiz
TRUE / FALSE
1. FERPA regulations do not apply to
most dual credit students, as they are
under the age of 18.
FERPA Quiz
•
•
Parental rights transfer to the student upon
attending a school beyond secondary level.
In a situation where a student is enrolled in both
a high school and a postsecondary institution,
the two schools may exchange information on
that student. If the student is under 18, the
parents still retain the rights under FERPA at the
high school and may inspect and review any
records sent by the postsecondary institution to
the high school .
FERPA Quiz
TRUE / FALSE
2. An institution may release course and
billing information to the parent if the
parent pays the student’s tuition.
FERPA Quiz
•
One of the parent’s must claim the
student on income tax & have a
signed form in the Admissions and
Records Office.
FERPA Quiz
TRUE / FALSE
3. In cases of divorce, educational
records may only be disclosed to the
parent who claims the student as a
dependent for income tax purposes.
FERPA Quiz
•
Neither the age of the student nor the
parent's status as a custodial parent is
relevant. If a student is claimed as a
dependent by either parent for tax
purposes, then both parents have
access under this provision
FERPA Quiz
TRUE / FALSE
4. An institution can provide confidential
academic information to the spouse of
a student without the student’s prior
written consent if they file federal
income taxes jointly.
FERPA Quiz
•
False
FERPA Quiz
TRUE / FALSE
5. An institution must provide copies to
a student of his or her academic
records if requested in writing to do
so.
FERPA Quiz
• The Institution is generally required to
give copies only if failure to do so would
effectively deny access – an example
would be a student or former student who
does not live within commuting distance.
• Schools may not destroy records if a
request for access is pending.
FERPA Quiz
TRUE / FALSE
_____6. An institution that designates
certain types of information as
“directory information” must offer a
student the opportunity to decline to
have the information about the
student so designated.
FERPA Quiz
•
True – The student will need to
complete a form in the Admissions and
Records office to restrict access.
QUESTIONS:
•
Do you inform them of their daughter’s
grades?
•
What is your rationale for that decision?
•
If you do not grant their request, what
options do you discuss with the parents?