What is FERPA?
The Family Educational Rights and Privacy Act of 1974, also known as the Buckley Amendment, is intended to protect the privacy of education records of students at the postsecondary level, parents and custodians of students under the age of 18.
What does FERPA provide?
The law provides the right to examine education records, to request, to amend these records, and to limit the disclosure of information contained in these records.
To which institutions does FERPA apply?
The law applies to all institutions that receive federal funds.
Who is protected by FERPA?
Students enrolled in a postsecondary institution are protected by FERPA regardless of their age or dependency status.
What is a transcript?
Education records generally include any records owned by the institution which contain regulations relating to the retention of certain records, which become institutional policy or state regulation. The scope of the law includes records, documents, and information directly related to the student. This also includes credit transcripts and any other documents obtained from the institution in which the student was previously enrolled.
The student has the right to examine those records which are directly related to him/her and which correspond to an educational institution or to an entity authorized to keep records of the institution.
What is not included in a transcript?
- Documents belonging to an official or private notes given by an educational personnel which are not accessible or authorized to other personnel.
- Disciplinary documents which are exclusively for the enforcement of safety and order on the university campus.
- Documents relating to an individual's employment by the institution, unless the employment is directly related to his or her student status.
- Records relating to treatment by a physician, psychiatrist, psychologist or other recognized professional or paramedical professional and disclosed only in the course of providing treatment.
- Documents that only contain information about an individual obtained after he/she ceased to be a student of the institution (Example: Alumni).
What documents can be removed from the transcript before the student examines it?
- Any information belonging to another student.
- Financial documents from the student's parents.
- Confidential letters and reports of recommendation under the conditions described in the law section 99.12 (34 CRF part 99).
Who can review the transcript without the student's written consent?
- Any institutional official with a legitimate educational interest.
- Parents of a dependent child as defined in the Income Tax Return.
- Any person who files a court or supena order, which compels the institution to disclose the student's education records without the student's consent, however a reasonable effort generally must be made to notify the student before complying with the order.
When is the student's consent required to display personal information from the transcript?
Any person or entity wishing to obtain information from the record must present a current written consent signed by the student prior to releasing the requested information. In addition, a picture identification must be presented.
The consent shall state the following:
- Documents to be shown
- Purpose
- Identify the person or entity to whom the file will be shown.
What is considered personal information in a student's transcript?
- The student's name.
- The name of the student's parents or any other family member.
- The address of the student or the student's family.
- A personal identification, such as a social security or student number.
- A list of personal characteristics that can make the student's identity easy to recognize.
When is written consent from the student not required to release transcript information?
The following exceptions are contained in the law:
- The student
- Institutional faculty, staff, and administrators with a legitimate educational interest
- Parent of a dependent child claimed on the Income Tax Return
- To federal, state and local education authorities in the performance of audits or evaluations related to educational programs.
- In the Financial Aid process
- Organizations conducting studies for educational institutions
- For accreditation agencies
- For the purpose of complying with a court order or to comply with a court order, or sopena
- Medical or security emergency
- Information directory
- As a result of a disciplinary hearing of an alleged victim of a violent crime
What is the information directory?
Institutions may provide information about a student without violating the law through the Directory Information. The directory includes name, address, telephone number, date and place of birth, program of study, athletic participation, weight and height of athletes, period of attendance, degrees and honors received, and related information.
Institutions must annually notify their students of the purpose of the directory information. In turn, the institution must obtain students' consent or refusal to provide information contained in the Directory.
How does the growth of technology impact FERPA at our institution and campuses?
Electronic information will eventually replace most paper documents. The Institution seeks to ensure that appropriate policies are in place to protect the confidentiality of records. The same principle of confidentiality that applies to paper documents applies equally to electronic information.
Where to get more information about FERPA?
This document provides a general summary of FERPA and is not intended as a legal advisory. For more information on the law refer to CODE OF FEDERAL REGULATIONS 34 DRF PART 99.