FERPA
 Family Educational Rights and Privacy Act (20 U.S.C §
1232g)
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TWO PARTS: ACCESS AND RELEASE
 FERPA Access
 FERPA Release
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FERPA Access
 An “educational agency or institution” must
• grant students who are or have been in attendance at the
educational institution the right to inspect and review their
education records. 20 U.S.C. §1232g (a)(1)(A).
• Grant students a hearing to challenge the content of education
records, correct or delete inaccurate information, and insert a
written explanation of content. 20 U.S.C. §1232g (a)(2).
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FERPA Access
 “Educational agency or institution” = “any public or private
agency or institution which is the recipient of funds under
any applicable program.” 20 U.S.C. §1232g (a)(3).
 “Education record” = (with exceptions) “those records, files,
documents, and other materials which
• contain information directly related to a student; and
• are maintained by an educational agency or institution or by a
person acting for such agency or institution.” 20 U.S.C. §1232g
(a)(4)(A).
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FERPA Access
 "Record” = “any information recorded in any way,
including, but not limited to, handwriting, print, computer
media, video or audio tape, film, microfilm, and
microfiche." 34 CFR §99.3.
• So, it does not include information that is not "recorded" – that is,
personal knowledge.
 "Directly related" = contains "personally identifiable
information" about that student
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FERPA Access
 Personally Identifiable Information -- includes, but is not
limited to—
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(a) The student's name;
(b) The name of the student's parent or other family members;
(c) The address of the student or student's family;
(d) A personal identifier, such as the student's social security
number, student number, or biometric record;
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FERPA Access
 Personally Identifiable Information -- includes, but is not
limited to—
• (e) Other indirect identifiers, such as the student's date of birth,
place of birth, and mother's maiden name;
• (f) Other information that, alone or in combination, is linked or
linkable to a specific student that would allow a reasonable person
in the school community, who does not have personal knowledge
of the relevant circumstances, to identify the student with
reasonable certainty; or
• (g) Information requested by a person who the educational agency
or institution reasonably believes knows the identity of the student
to whom the education record relates. 34 CFR §99.3.
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FERPA Access
 Exceptions to definition of “education record”:
• Treatment records made or maintained by a physician,
psychiatrist, psychologist, or other recognized professional or
paraprofessional acting in his professional or paraprofessional
capacity. 20 U.S.C. §1232g (a)(4)(B)(iv).
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FERPA Access
 Exceptions to definition of “education record”:
• Treatment records made or maintained by a physician,
psychiatrist, psychologist, or other recognized professional or
paraprofessional acting in his professional or paraprofessional
capacity. 20 U.S.C. §1232g (a)(4)(B)(iv).
• Records of non-student employees.
• The Department of Education has interpreted this exemption
not to include “records relating to an individual in attendance
at the agency or institution who is employed as a result of his
or her status as a student.” Such records are education
records under the statute. 34 CFR §99.3.
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FERPA Access
 Exceptions to definition of “education record”:
• Law Enforcement Records – “records maintained by a law
enforcement unit of the educational agency or institution that were
created by that law enforcement unit for the purpose of law
enforcement.” 20 U.S.C. §1232g (a)(4)(B)(ii)
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FERPA Access
 Exceptions to definition of “education record”:
• Law Enforcement Records – “records maintained by a law
enforcement unit of the educational agency or institution that were
created by that law enforcement unit for the purpose of law
enforcement.” 20 U.S.C. §1232g (a)(4)(B)(ii)
• Parents’ financial records
• Some confidential letters of recommendation
• Instructional, supervisory and administrative records in the sole
possession of the maker and not accessible or revealed to any other
person except a substitute
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FERPA Releases are Prohibited (Sort of)
 General Rule - An “educational agency or institution”
may not (with certain exceptions) release “education
records (or personally identifiable information contained
therein other than directory information)” without the
consent of the student. 20 U.S.C. § 1232g (b)(1).
 Permitted/ Unconsented Releases – They’re Everywhere
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Permitted Releases
 Other school officials (within the University) with
legitimate educational interests;
 Defined by the University:
• "University officials" = “any professional employee who is head of
an office, department, school, college, division, or their specified
designee.”
• also includes “any contractor, consultant, volunteer of other party
to whom UMass Amherst has outsourced institutional services or
functions.”
• “Legitimate educational interest" = the official “needs to review
an education record in order to fulfill his or her professional
responsibility.”
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Permitted Releases
 Other school officials (within the University) with
legitimate educational interests;
 Officials of other schools in which the student seeks to
enroll;
 Comptroller General of the United States;
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Permitted Releases
 Secretary of Education;
 Attorney General of the United States for law
enforcement purposes (of federal legal requirements
applicable to federally supported education programs),
with restrictions;
 State educational authorities;
 In connection with student financial aid;
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Permitted Releases
 In connection with certain violent crimes and nonforcible
sex offenses;
• to the victim
• to the public
 To certain state and local officials in connection with the
state’s juvenile justice system;
 Organizations conducting educational studies;
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Permitted Releases
 Accrediting organizations;
 Parents of a dependent student;
 In a health and safety emergency;
• to “appropriate parties
• if knowledge of the information is necessary to protect the health
or safety of the student or other individuals
• if there is an articulable and significant threat to the health or
safety of a student or other individuals.
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Permitted Releases
 In response to a subpoena, usually with notice to the
student;
 In connection with an ex parte order connected to
investigation of terrorism crimes (national security letter)
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Permitted Releases
 “Directory information” defined by the University, within
certain parameters.
 Campus definition:
• “student's name, local address, home address, e-mail address,
major, local telephone number, date and place of birth;
acknowledgement of a student's participation in officially
recognized activities and sports, weight and height of members of
athletic teams, date(s) of attendance, degrees, certificates, awards
received, student employment status and the most recent previous
educational agency or institution attended by the student.”
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FERPA
 Questions?
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FERPA
 Questions?
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