FERPA
Family Educational Rights and
Privacy Act
and Email
Rebecca Macon
Registrar
University of Georgia
rmacon@uga.edu
Presentation for GASFAA
October 2005
FERPA

Family Educational Rights and Privacy Act
of 1974, as amended
 Also referred to as the Buckley Amendment
In a Nutshell…

College students must be permitted to
inspect their own educational records.
 School officials may not disclose personally
identifiable information about students nor
permit inspection of their records without
written permission unless such action is
covered by certain exceptions permitted by
the Act.
Gives students the right to:

Inspect and review their educational records
 Request the amendment of inaccurate or
misleading records
 Consent to disclosure of personally
identifiable information
 File a complaint with the U.S. Dept. of
Education concerning alleged failures to
comply with this law.
Who must comply with FERPA?

Any educational institution or educational
agency that receives funds under any
program administered by the Secretary of
Education.
Who is covered?

Any individual who is taking or has taken a
course at your institution
– Regardless of age.
– Includes continuing education students,
correspondence students, students auditing a course
and distance education students.
When does FERPA protection
begin?

FERPA rights and protection do not begin
until a student is “in attendance.”
– “In attendance” is determined by an institution.
 Registers for classes
 At orientation
 Pays deposit
 First day of classes
– Defaults to the day the student first attends a
class.
What is an Education Record?

Any record, with certain exceptions,
maintained by an educational agency or
institution or a party acting for the agency
or institution that is directly related to a
student or students.
 This record can contain a student’s name, or
students’ names, or information from which
an individual student, or students, can be
personally (individually) identified.
What is “Personally Identifiable”?

Basically, it is anything that would make the
student’s identity easily traceable.
Directory Information may
Include:







Student’s Name
Address(es)
Phone number(s)
Date/place of birth
Major
Fields of study
Dates of attendance

Degrees and awards
received
 Most recent education
institution attended
 Participation in
officially recognized
activities and sports
 Height/weight of
athletic team members
Directory Information – con’t
May also include the following additions:
 Class schedule*
 Email address
 Class rosters*
 Photographs
*Class Schedule and Class Rosters are currently
under review as to whether they will remain
directory information.
What Can Never be Included:

Race
 Gender
 Social security number
 Grades
 GPA
 Country of citizenship
 Religion
Release Restriction

The student may restrict the release of any
or all directory information.
 The only appropriate response when a
student has a restriction (other then just
address information) is:
– “We have no information available on that
individual."
Parents

Educate parents regarding FERPA at
orientation.
 May obtain non-directory information if
most current Federal Income Tax Return
indicates student is a dependent.
 Alcohol violations.
 Signed release by student specifying what
information they may obtain.
Parents – con’t

FERPA makes no distinction between
biological parents and custodial parents.
Sample
Written Authorization for Release
I give permission for _______________ to release
my ____________________________________
(specific education record information to be released)
to ___________________________________
(name and address)
for ___________________________________
(purpose)
Signed__________________ Date___________
Electronic Signature

April 21, 2004: Final Rule amending
FERPA regulations to permit a school to
accept an electronic signature as consent to
disclose education records to a third party
under specified conditions.
 FSA “Safe Harbor”
– FSA Electronic Signature Standards may be
used as a model for other areas.
Email and FERPA
Two Factors:
•
•
You must be able to authenticate identity of
sender.
There is no guarantee of confidentiality in
transmitting information electronically via
email.
Email and FERPA – Con’t
Cautions

Does the student have a restriction on
his/her records?
 Only respond to emails from your
institution’s email account.
 Use only the last 4 digits of the SSN
– And only when necessary

Refer inquiry to website whenever possible.
Email and FERPA – con’t
 What
questions/inquiries do you
receive via email?
Family Policy Compliance Office
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Ave., SW
Washington, DC 20202-4605
http://www.ed.gov/policy/gen/guid/fpco/index.html