Untitled Document

Family Educational Rights and Privacy Act (FERPA)
Main Points for Faculty to Remember

" Does the University have a written policy about students' academic records?

Yes. The institution is required to publish an annual notification of rights for students. At IU this publication is: "Code of Student Rights, Responsibilities and Conduct."
" Where can faculty find out more about FERPA?

The Family Policy Compliance Office in the U.S. Department of Education maintains a website that contains a significant amount of information at: http://www.ed.gov/offices/OM/fpco.
" What records does FERPA cover?

A.) With limited exceptions, "education records" are defined within the regulations as "those records that are:
1) Directly related to a student; and
2) Maintained by an educational agency or institution or by a party acting for the agency or institution."

Under this broad definition of "education records," FERPA protects such records as grades, transcripts, and records about allegations of academic dishonesty.
One FERPA exception of special importance to faculty members states: "Records of instructional, supervisory, and administrative personnel and educational personnel ancillary to those persons that are kept in the sole possession of the maker of the record, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record." The private and personal records defined in this exception are not subject to examination by students under FERPA.
" Are electronic records included in this definition?

Yes. The word "records" means any information recorded in any way.
" What about my e-mail messages?

If your e-mail messages contain information that is directly related to the student, those messages would be included within the definition of "education records."
" What does it mean to say a record is "protected" by FERPA?

Personally identifiable information from a student's education record cannot be released to a third party without the student's written consent (signed and dated) unless specified exceptions in the regulations apply. Furthermore, students have a right to review their education records.
" What are the exceptions to FERPA's coverage?

Section 99.31 describes 15 different exceptions to FERPA's prohibition against the release of personally identifiable information from a student's records without written consent. The first of these exceptions is important to faculty members. The exception states: "The disclosure is to other school officials, including teachers, within the agency or institution whom the agency or institution has determined to have legitimate educational interests."
" What is "legitimate educational interest?"

The Department of Education does not mandate a specific definition for the term "legitimate educational interest." However, the Department provides a "sample" definition that many institutions have adopted. The sample definition states that officials have a "legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility."
" Does this mean that I should not be posting students' grades outside my office or leaving stacks of graded papers outside my office for students to pick up?

Those practices would be prohibited. Faculty members should not post student grades by name, social security number, or student identification without the specific written consent of each student. Faculty members could post grades by code word or random number that only the faculty member and student know, but the list should not be in alphabetical order by student name. Furthermore, the common practice of leaving graded papers in unsecured locations for students to pick up later allows almost anyone to see those records, and would be considered a FERPA violation.
" What if the student calls to ask about her grades?

FERPA only governs the release of information to third parties. It would not be a violation to release information to a student about his/her own grades, provided appropriate steps were taken to confirm the student's identity.
" What if the student's parent calls about their son or daughter's grade?

Parents should be encouraged to speak with their son or daughter directly. In limited circumstances, institutions may release personally identifiable information to parents from a student's education records. However, it would not be advisable for an individual faculty member to make this determination.
" I'm often asked to write letters of recommendation for students for awards, graduate school, or job applications. How does FERPA apply this case?

Statements based on your personal assessments and observations of the student are not derived from "education records" covered by FERPA. However, you must obtain the student's written consent if our letter includes such information as the student's overall GPA, or grades in specific courses.
" Will the student have access to the letter of recommendation that I write under FERPA?

The forms that accompany recommendation letters will often indicate whether a student is waiving a right of access. While the institution cannot require students to sign such a waiver, faculty members may decline to provide a reference without it.
" Does FERPA allow me to conduct research using information contained in students' "education records?"

Institutions may release information for research purposes without students' written consent if done to develop, validate, or administer predictive tests; administer student aid programs; or improve instruction. However, the release of information can only be done if the research is conducted in a manner that does not permit personal identification of parents and students by individuals other than the researchers; and the information is destroyed when no longer needed for the purposes for which the study was conducted.