FAMILY EDUCATIONAL RIGHTS
AND
PRIVACY ACT
(FERPA)
Faculty and Staff Training
Office of the University Registrar
April 2010
This presentation is for educational purposes only.
It is not intended as nor should it be considered legal advice.
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What is FERPA?
FERPA of 1974 is a federal law designed to:
• protect the privacy of education records.
• establish the right of students to inspect and review their
education records.
• provide guidelines for the correction of inaccurate and
misleading data through informal and formal hearings.
FERPA is enforced by the Family Policy Compliance Office.
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Key Concepts
Students have three primary rights under FERPA.
•They have the right to:
•
•
•
•
inspect and review their education records within 45 days of
their request
have some control over the disclosure of information from their
education records; and
to seek to amend incorrect education records
To comply with these right and all of the provisions of the Act, its
regulations, and the disclosure provisions, each educational institution
must annually notify students of their FERPA rights and provide
students access to their education records.
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Key Terms
Education Record
• Personally Identifiable
• Directory Information
• School Official
• Legitimate Educational Interest
•
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What is an education record?
•
•
•
Any record, with certain exceptions, maintained by an
institution that is directly related to a student or students.
Education records include both personally identifiable
information such as a student’s name(s) or information
from which an individual student’s identity can be
deduced.
Education records include: files, documents and
materials in whatever medium (handwriting, print, tapes,
disks, film, microfilm, or microfiche.)
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What is NOT an education record?
Sole Possession Notes
• Law Enforcement Records
• Employment Records
• Medical Records
• Alumni Records
•
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What is NOT an education record?
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Sole Possession Notes

Are made by an individual as personal observation or
recollection, are kept in that person’s possession and
are shared only temporarily.

Notes taken in conjunction with any other person are not sole
possession notes (counselor’s notes, interview notes).

Sharing these notes with another person or placing them in an
area where they can be viewed by others makes them education
records, which are subject to FERPA.

Best advice: If you don’t want it reviewed, don’t write it down.
April 2010
What is NOT an education record?
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Law Enforcement Records


Records created by a law enforcement unit for a law
enforcement purpose and maintained by the unit.
Any of the above records that are shared with another school
official become subject to FERPA.
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What is NOT an education record?
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Employment Records



Records made and maintained by the university that relate
exclusively to a student in his or her capacity as an employee
are not education records.
If a student is also an employee of the institution, his or her
employment records generally are not subject to FERPA.
However, records of individuals who are employed as a result
of their status as students (e.g., college work study students)
are education records.
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What is NOT an education record?
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Other Records
Medical Records
 Records maintained by a physician, psychiatrist, psychologist or
other recognized professional or paraprofessional acting in
their professional capacity.

Only to be disclosed to those providing treatment.
Alumni Records
 Records that contain information about an individual only after
they are no longer a student at the institution.
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Directory Information
Directory information is the information available
about a student that is not considered harmful or
an invasion of privacy if disclosed. While FERPA
and state law protect the privacy of educational
records, directory information is not treated as
confidential and may be disclosed by the
university without student consent unless the
student requests a privacy hold.
April 2010
Directory Information at
the University of Florida
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By Regulation 6C1-4.007, the following has been designated as
Directory Information at the University of Florida:

Student’s name

Student’s local/permanent addresses and email address

Student’s listed telephone number(s)

Class and college

Major field of study

Dates of attendance at UF

Enrollment status (undergraduate or graduate, full time or part time)

Degrees and awards received at UF

Most recent previous educational institution attended

Publication titles (dissertations)

Nature and place of employment at UF

Weight and height of university athletes
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School Officials
A school official at UF is:
•
•
•
an agent of the university or State University System of
Florida in an administrative, supervisory, academic,
research or support staff position.
a member of university committees, boards and/or
councils.
a person under contract to the university to perform a
special task, such as an attorney or auditor.
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School Officials at UF
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
Individuals other than faculty and staff may be included as school
officials. The definition is broad enough to include:

graduate assistants

work-study students

students serving on committees for specified tasks
It is important to understand:


that school officials within the institution may obtain information from
education records without obtaining prior written consent.
what are the criteria that should be used to determine who will be
considered a school official.
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Guidelines for Faculty and Staff
All university faculty are considered school officials and are
required to maintain the confidentiality of student records.
You should:

Assign a unique and confidential identifier that is not part of UFID or SSN.

Post grades in a random, not alphabetical order.


Use web-based course management systems to post grades, if the system is
secured by username and password.
Keep only those individual student records necessary for fulfillment of your
responsibilities.
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Guidelines for Faculty and Staff
You should NOT:




Disclose, share or loan your username and password to anyone.
Use generic/group IDs when accessing confidential academic record
information.
Put papers, projects, graded exams, or reports in publicly accessible places.
Share student information, including grades and GPA’s, with other faculty or
staff unless their responsibilities warrant a need-to-know.
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Legitimate Educational Interest
•
•
Legitimate educational interest means a school official
has a need-to-know specific information in a student's
record. Legitimate educational interest refers to any
authorized interest or activity undertaken in the name of
the university.
Access to an educational record must be necessary or
appropriate to the operation of the university or to the
proper performance of the educational mission of the
university.
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What are the requirements for
compliance to FERPA?
•
•
•
•
Provide annual notification to students of their FERPA
rights.
Provide students access to their educational records.
Provide students opportunity to challenge information
contained in their education records that is believed to
be inaccurate.
Protect privacy of each student’s educational records as
required by FERPA.
April 2010
Students’ Right to Access Their
Educational Records
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Limitations to the student’s right to inspect are:
Parental financial information
 Confidential letters and recommendations to which the student
has waived right of inspection
 Education records containing information about more than one
student. The institution must permit access to that part of the
record which pertains only to the inquiring student.

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Disclosure of Educational Records
•
Directory Information
•
Non Directory Information
•
Birth date
•
Gender
•
Religion
•
GPA
•
Citizenship
•
Marital status
•
Disciplinary status
•
UFID/SSN
•
Ethnicity
•
Grades/exam and test scores
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Directory Information
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Institutions may release without written consent those records
identified as public or directory information for students who are
currently enrolled with the following conditions:
The institution must inform students of those categories designated as
directory information.

Students must be given the opportunity to refuse disclosure of any or all
categories.

Students must be given a reasonable period of time in which to state such
refusals in writing.

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Non-Directory Information
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Institutions shall obtain written consent from the student before
disclosing any non-directory information from a student’s
educational records.
The written consent must:

specify the records to be released.

state the purpose of the disclosure.

identify the party or parties to whom disclosure may be made.

be signed and dated by the student.
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Non-Directory Information
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Institutions may disclose education records without the student’s
written consent in the following situations:

To school officials with a legitimate educational interest.

To other institutions where the student is enrolled or is seeking to enroll.

In connection with the receipt of financial aid (validating eligibility).

To state/local officials in conjunction with legislative requirements.
To organizations conducting studies to improve instruction or to accrediting
organizations.

To parents of a student who have established that the student is a dependent
as defined in the IRS Code.

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Non-Directory Information
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Institutions may disclose education records without the student’s
written consent in the following situations:
To parents of a dependent student if that student has violated university
drug and alcohol policies twice in a semester or three times during their
enrollment.


In compliance with a judicial order or lawfully issued subpoena.

In the event of a health/safety emergency.
In student discipline matters involving violent crimes or sexual offenses,
certain information from the conduct hearing may be released to the alleged
victim(s).

Name, sanction and outcome of disciplinary proceedings only when found in
violation and only for crimes of violence.

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Parents and
Disclosure of Records
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

When a student reaches the age of 18 or begins attending a
postsecondary institution, regardless of age, FERPA rights transfer to the
student. Parents may obtain non-directory information (grades, GPA, etc.)
only at the discretion of the institution and after it has been determined that
their student is legally their dependent.
Parents may also obtain non-directory information by obtaining a signed
consent from their student.
April 2010
Parents
and Disclosure of Records (Continued)
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Institutions may disclose information about students to their
parents in these specific instances:

Upon obtaining the student’s written consent.
When the parents have established that the student is their dependent for
tax purposes.

To the parents of a student under the age of 21 who violates university rules
and/or federal, state or local laws regarding the use of alcohol or controlled
substances.

In the case of a health or safety emergency if knowledge of the information
is necessary to protect the health or safety of the student or others.

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Records of Requests
and Disclosures
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
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
All institutions are required to maintain records of requests for and
disclosures of personally identifiable information from the education
records of each student.
Record of disclosure must include the name and address of the requestor
and his/her indicated interest in the records.
Records of requests and disclosures are part of the student’s education
records and must be retained as long as the education records to which
they refer are maintained by the institution.
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Letters of Recommendation
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


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It is a good idea to obtain a written release from students who request
letters of recommendation.
If the letter contains non-directory information:

A written release is recommended, not required, for
recommendations sent to other educational institutions in which
the student seeks to enroll, including professional school
admission services.

A written release is required for general letters of
recommendation sent to an employer or an individual.
The consent should include: (1) the data to be disclosed, (2) to whom the
data will be disclosed, and (3) the student’s signature and date.
Sample release form http://www.registrar.ufl.edu/pdf/ferparelease.pdf (PDF)
April 2010
Letters of Recommendation
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

Recommendation letters that are made from the personal observation or
knowledge do not require a written release from the student.
Recommendation letters that contain personally identifiable information
obtained from the student’s education record (grades, GPA) require a
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signed release from the student which specifies the record that may be
disclosed, states the purpose of the disclosure, and identifies the party to
whom the disclosure, and identifies the party to whom the disclosure can be
made.
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The Authoritative Source
Family Policy Compliance Office
LeRoy Rooker, Director
U.S. Department of Education
400 Maryland Ave., SW
Washington, D.C. 20202-5920
1-800-USA-LEARN (1-800-872-5327)
202-260-3887 (phone)
202-260-9001 (fax)
ferpa@ed.gov
www.ed.gov/policy/gen/guid/fpco/
April 2010