FERPA TUTORIALFAMILY EDUCATIONAL RIGHTS AND PRIVACY
ACT
Before FERPA was enacted in 1974, students didn't have a right
to access their records. . . But just about everyone else did.
There are serious obligations under FERPA. This tutorial will help you
understand our responsibilities to keep student records private and allow
them access to their records.
WHAT IS
FERPA?
FERPA stands for Family Educational Rights and
Privacy Act (sometimes called the Buckley Amendment). Passed by Congress
in 1974, the Act grants four specific rights to the adult student:
- the right to see the information that the institution is keeping on
the student
- the right to seek amendment to those records and in certain cases
append a statement to the record
- the right to consent to disclosure of his/her records
- the right to file a complaint with the FERPA Office in Washington
A. What are Education Records?
- Information recorded in any form that is directly related to a
student and maintained by a college or university and by those acting
for the college or university.
- personal information
- enrollment records
- grades
- schedules
- The storage medium in which you find this information does not
matter. A student educational record may be:
- a document in the registrar's office
- a computer printout in your office
- a class list on your desktop
- a computer display screen
B. Education Records
Do Not Include:
- Records of instructional, supervisory and administrative personnel
kept in the sole possession of the maker of the record and not revealed
to anyone other than the maker's substitute;
- Records of a campus law enforcement unit created and maintained by
that unit and used solely for law enforcement purposes;
- Records relating to persons who are employees (but not student
workers);
- Records which include information about an individual after he or
she is no longer a student.
C. The Right to Inspect and
Review
- Pellissippi State must grant requests to review within 45 days after
the request is received.
- Pellissippi State must respond to reasonable requests for
explanations and interpretations of the records.
D. What is
Prior Written Consent?
- A signed and dated document specifying the records to be disclosed,
the purpose of the disclosure and the identity of the person to whom
records will be disclosed.
E. When is Consent Not Required?
(This is not an exhaustive list of exceptions)
- For legitimate educational purposes within the college.
- To officials at an institution in which student seeks to enroll.
- To comply with a court order or subpoena.
- In connection with a health or safety emergency if necessary to
protect the student or others.
- If it is directory information.
F. What is Directory
Information?
- Name, address, telephone number
- E-mail address
- Date and place of birth
- Major field of study
- Participation in officially recognized activities
- Dates of attendance, degrees and awards received
- Most recent previous institution attended
SPECIAL "DO NOTS" FOR FACULTY AND SUPPORT STAFF
To avoid violations of FERPA rules, DO NOT:
- at any time use the entire Social Security Number/CWID of a student
in a public posting of grades
- ever link the name of a student with that student's social security
number/CWID in any public manner
- leave graded tests in a stack for students to pick up by sorting
through the papers of all students
- circulate a printed class list with student name and social security
number/CWID or grades as an attendance roster
- discuss the progress of any student with anyone other than the
student (including parents) without the consent of the student
- provide anyone with lists of students enrolled in your classes for
any commercial purpose
- provide anyone with student schedules or assist anyone other than
college employees in finding a student on campus
For a better
understanding of the FERPA law please take the following QUIZ
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