FERPA & ASSOCIATED REGULATIONS

Rule on giving info to third party

Can only happen when eligible student gives written consent under FERPA regulations.

Improper disclosure of personal identifiable info:

When derived from an officials personal knowledge, observation, or heard orally from others is not protected by FERPA.

Third exception in lieu of written notice for third party receiving information:

When it is in connection with financial aid in which the student has applied. Purposes for this are: to determine eligibility for aid, amount of aid, conditions for aid, and/or enforce the terms and conditions of aid.

One exception in lieu of written notice for third party receiving information:

1. Allowing school officials, including teachers, within a school to obtain access to personally identifiable information as long as they are deemed by the schools as having "legitimate educational interest". These can be: instructors, professors, admins., health staff, counselors, attorneys, clerical staff, trustees and disciplinary boards, contractor, etc.

Second exception in lieu of written notice for third party receiving information:

2. Allowing another school in which the student seeks to enroll access to records. When the sending school can make the disclosure if it includes its annual notification of rights. Otherwise, the sending school must make a reasonable attempt to contact the student. They must also give a copy of the records sent to the student.

Where FERPA Regulations come from:

20 U.S.C. S 1232g ; 34 CFR Part 99

FERPA is:

A Federal law that is administered by the Family Policy Compliance Office in the U.S. Department of Education. It applies to all educational agencies and institutions that receive funding under any program administered by the Family Policy Compliance Office U.S. Department.

FERPA cannot challenge:

A grade, an opinion, or a substantive decision made by the school about an eligible student.

Record Keeping under FERPA:

A school is not generally required to maintain particular education records or education records that contain specific information. Rather, a school is required to provide certain privacy protections for those education records that it does maintain. Also, unless there is an outstanding request by an eligible student to inspect and review education records, FERPA permits school to destroy such records without notice to the student.

Disclosure of directory information and public notice:

A school may disclose directory information without consent if it has given public notice of the types of information it has designated as directory information, the eligible student's right to restrict the disclosure of such information, and the period of time within which an eligible student has to notify the school that he or she does not want any or all of those types of information designated as directory information. Also, FERPA does not require a school to notify eligible students individually of the types of information it has designated as directory information. Rather, the school may provide this notice by any means likely to inform eligible students of the types of information it has designated as directory information.

Student Request for review of files:

FERPA dictates that a school must provide an eligible student with an opportunity to inspect and review his or her education records within 45 days following its receipt of a request. The school has to provide an eligible student with copies of education records, or make other arrangements, if a failure to do so would effectively prevent the student from obtaining access to the records. Example: Student does not live in commuting distance of school.

FERPA Regulations

Family Educational Rights and Privacy Act

Fourth exception in lieu of written notice for third party receiving information:

Giving information to parents of a "dependent student" as defined in section 152 of the Internal Revenue Code. Most commonly meaning the child was claimed on the last tax return.

Information not required to be provided under FERPA

Information that is not maintained or to create education records in response to an eligible student's request. A school is not required to provide an eligible student with updates on his or her progress in a course (including grade reports) or in school unless such information already exists in the form of an education record.

Another reason FERPA permits disclose to parents:

Postsecondary institutions may disclose personally identifiable information from educational records when it is a health and safety risk. In addition when they are allowed when regarding a student's violation of any Federal, State, or local law, or of any rule or policy of the institution, governing the use of possession of alcohol or a controlled substance.

What happens when a student turns 18 or attends a postsecondary institution?

They become a "eligible student", meaning all the rights formerly given to parents under FERPA transfer to the student.

"Education records"

Those records that contain information directed to a student and which are maintained by an educational agency or institution or by a party acting for the agency or institution.

What does a student going to a postsecondary institution have a right to?

To access his or her education records, the right to seek to have the records amended, the right to have control over the disclosure of personally identifiable information from the records (except in certain circumstances specified in the FERPA regulations) and the right to file a complaint with the Department.

FERPA's main purpose:

To require only that school s conform to fair recordkeeping practices and not override the accepted standards and procedures for making academic assessments, disciplinary rulings, or placement determinations. They also do not have to hold any kind of hearings.

Inaccurate or misleading information

Under FERPA, an eligible student has the right to request these types of education records to be amended. (THE SCHOOL ONLY HAS TO CONSIDER THE CHANGE).

General information NOT required by FERPA:

access to academic calendars, course syllabi, or general notices such as announcements of specific events or extra-curricular activities.

Fifth exception "Directory information":

as information contained in the education records of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Directory information could include information such as the student's name, address, e-mail address, telephone listing, photograph, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent previous educational agency or institution attended, grade level or year (such as freshman or junior), and enrollment status (undergraduate or graduate; full-time or part-time).