FERPA

• The Family Educational Rights and Privacy Act of 1974
• Also known as the Buckley Amendment
• Provisions to protect student record information

• It’s a federal law enforced by the Family Policy Compliance Office of the U.S. State Department of Education
• Failure to comply could result in the withholding of federal funds including student financial aid
• Lawsuits caused by violations cost time and money
• University employees may be disciplined for intentional violations of the Act

• Inspection and review of their own education records
• Petition amendments to records
• Some control over the disclosure of information from their records

• Students who are or have been in attendance at a post-secondary institution are covered under FERPA
• Applicants who are denied admission or who never attend are not covered under FERPA

Note: some information submitted in an application (i.e. test scores, grades, social security numbers, etc.) will remain protected from disclosure

• When the student reaches the age of 18 or begins attending a post-secondary institution (regardless of age)
• Utah Tech defines “in attendance” as the first day the student attends class

• All records that directly relate to a student and are maintained by an institution
• These records may be in any media form: handwritten, print, type, film, electronic, etc.
• Conversations with the student and personal observations of student behavior are not “private”

• Registration forms
• Grades and Transcripts
• Student information displayed on a computer screen
• Student schedules
• Class assignments
• Class rosters
• Any electronic or paper document with the student’s ID or grade(s) on it

• Sole Possession Notes – kept by faculty/staff member and not accessible to any other person
• Department of University Police Records – maintained solely for law enforcement purposes and revealed only to law enforcement agencies
• Employment Records – of those whose employment is not contingent upon student status
• Student Medical Records – created by health care professional and disclosed only to other health care professionals for the medical/health treatment of the student
• Alumni Records – containing information about a student no longer in attendance

• Directory Information
• Information for which the student has given written release
• Information needed by a UT employee who has a legitimate educational interest
• Information needed by certain government agencies

• Information that may be released without the student’s written consent, unless the student restricts disclosure
• Each institution, to some extent, determines what information is classified as directory information

• Full name
• User ID (D-Number)
• Local and permanent address(es)
• E-mail address
• Telephone numbers
• Date of birth
• Residency status
• Enrollment status(full/part-time)
• Major field of study
• Dates of attendance
• Degrees and awards received
• Previous school(s) attended
• Academic level (freshman, sophomore, etc.)
• Photographs and videos of students
• Participation in officially recognized activities or sports
• Height and weight of athletic team members

• Students have a right to know where education records are kept
• Students have a right to inspect their education records
• Students have the right to seek to have records amended if necessary
• Students have the right to file a complaint with the U.S. Department of Education if they feel their rights have been violated
• Students have the right to expect that their education records are kept confidential except where special provisions are made
• Students have the right to suppress the disclosure of directory information to outside agencies and third parties

• Utah Tech University employees who have a legitimate educational interest
  • Legitimate Educational Interest: a school official’s need to review student educational information to fulfill a professional responsibility
• Others who are performing a function on institution’s behalf who have a legitimate educational interest

• Parents may obtain directory information, provided the student does not have a FERPA restriction
• Parents may obtain non-directory information by acquiring a signed release from their child
• Existence of a signed consent does not constitute a “power of attorney” empowering parents to act on behalf of the student

• Access to student information via Banner or other computer software does not authorize unrestricted use of that information
• Curiosity is not a valid reason to view student information
• Parenthood is not a valid reason to view student information on one’s son or daughter
• Records should only be used in the context of official business

• When in doubt, don’t give it out
• Requests for student academic information should be referred to the Registrar’s Office
• Information about a student can be released with a signed consent from the student
• Information on a computer should be treated with the same confidentiality as a paper copy
• Do not leave confidential information displayed on an unattended computer
• Cover or put away papers that contain confidential information when stepping away from your desk
• Records containing SSNs/Student IDs/Names and/or grades should always be shredded, not just thrown in the garbage or recycling

• Use the SSN/Student ID/Student Names to post grades
• Leave graded tests (electronically or in print) for students to sort through
• Circulate class lists with student names and SSN/Student IDs (electronically or in print)
• Provide anyone with student schedules
• Provide anyone with lists of students enrolled in your classes
• Include confidential information (i.e. grades, number of credits, etc.) in a recommendation letter without the written consent of the student