The Family Educational Right to Privacy Act (FERPA)

1
The Family Educational Right to Privacy Act
(FERPA)

• Basics of Privacy Issues Around Student Records

2
FERPA Basics

• Because the University receives funding from the
  U.S. Department of Education it must comply with
  FERPA
• Failure to comply could (in a worst case
  scenario) result in loss or suspension of federal
  funding (including student financial aid)

3
FERPA Basics

• Rights Provided to Students and Their Families
• Generally, education records and other personally
  identifiable information about students and their
  families cannot be released or disclosed without
  prior written consent
• Students can review their education records and
  files and may request that inaccuracies or errors
  be corrected

4
FERPA Basics

• No private right of action for damages under
  FERPA but other privacy statutes or common law
  principles may provide such a right if there is
  an invasion of privacy

5
FERPA Basics

• What is Personally Identifiable Information
  under FERPA
• Student name and address
• Parent and family names and addresses
• SS, Student, or other such identifiers
• A list of personal characteristics of a student
• Any other info that would make the students
  identity easily traceable

6
FERPA Basics

• Exemption for Directory Information, including
• Name, email, address, telephone number, date and
  place of birth
• Major and enrollment status
• Participation in official activities and sports
• Photos
• Dates of attendance
• Degrees and honors
• Most recent previous educational institution

7
FERPA Basics

• Note Students must have option to opt-out of
  inclusion in directory
• Can request that directory info be withheld as
  long as the student is enrolled
• Requires a written request to the registrars
  office

8
FERPA Basics

• IMPORTANT TO REMEMBER!
• Non-consensual disclosure of information
  prohibited under FERPA includes
• Oral disclosure of information
• Electronic disclosure of information (including
  via e-mail, websites, blogs, etc.)
• Disclosure of written information
• Release of records or copies of records

9
FERPA Basics

• Student Consent Under FERPA
• Must be signed and dated by the student
• Must be specific as to
• What records or information is to be disclosed
• Purpose of the disclosure
• Person or persons to whom disclosure is authorized

10
FERPA Basics

• There is a long list of exceptions under FERPA
  where disclosure is allowed without student
  consent. This is a partial list
• Disclosure to college officials with a legitimate
  educational interest in the records
• Provision of records and info to another school
  in which the student seeks to enroll
• Administration of financial aid requests
• Certain state and federal education officials may
  have access
• Records provided to the court or counsel when the
  student has sued the University
• Compliance with court orders or subpoenas after
  attempt to notify the student (or with no attempt
  to notify in some instances under the Patriot
  Act)
• Release of info during a health or safety
  emergency (this exception has been expanded
  following recent college shooting incidents)
• Results of disciplinary proceedings in certain
  cases involving crimes of violence or sex offenses

11
FERPA Basics

• CAUTION
• Just because FERPA may allow non-consensual
  disclosure does not mean that the University is
  required to disclose
• Third parties have duties too
• The University must inform anyone who receives
  information by consent or consent exception that
  the information may be used only for the purpose
  for which the disclosure was made and that the
  information cannot be re-disclosed without
  written consent of the student

12
FERPA Basics

• Student Access to Records Under FERPA
• Must be made within reasonable time
• Students can only access information about
  themselves
• Info about other students must be redacted or
  withheld

13
FERPA Basics

• Student Access to Records Under FERPA
• Right to Challenge Accuracy
• FERPA requires that the University provide the
  opportunity for students to challenge records
  where student believes that info is inaccurate or
  misleading, or where disclosure of particular
  info might violate privacy or other rights
• Hearing procedures must include an opportunity to
  correct or delete a record or insert an
  explanation