Look around at your work area. What information do you have that may need to be handled in a secure way? For example:
-graded papers? -advising information? -student information available on WFFA? With WFFA, we now have more access to restricted student information than ever before. The consequences of how we handle or mishandle student educational record information are significant. The way we use student education record information is governed by the Family Educational Rights & Privacy Act of 1974 (FERPA).
So, what is FERPA?
FERPA is a federal law designed to protect the privacy of eduation records, to establish the right of students to inspect and review their education records, and to provide guidelines for the correction of inaccurate and misleading data through informal and formal hearings.
FERPA is enforced by the Family Policy Compliance Office, U.S. Department of Education, Washington , D.C. For additional information visit www.ed.gov/offices/OM/fpco
The Essence of FERPA
- College students must be permitted to inspect their own education records
- School officials may not disclose personally identifiable information about students nor permit inspection of their records without written permission unless such action is covered by certain exceptions permitted by the act.
What is an Education Record?
An Education Record is:
- Those records directly related to a student and maintained by the institution or by a party acting for the institution.
- These records include files, documents, and materials in whatever medium (handwriting, print, tapes, disks, film, microfilm, microfiche or any form of electronic data storage) which contain information directly related to students and from which students can be personally (individually) identified.
An Education Record is not:
- Sole possession notes
- Law enforcement unit records
- Records maintained exclusively for individuals in their capacity as employees
NOTE: Records of individuals who are employed as a result of their student enrollment status (such as, work study, graduate assistants, etc.) are education records.
- Doctor-patient privilege records
- Alumni records
What is "personally identifiable" information?
Personally Identifiable means data or information which includes:
- The name of the student, the student's parent, or other family members
- A personal identifier such as a social security number or student number
NOTE: It is illegal to post grades publicly by student ID or Social Security Number without obtaining the student's written permission. - A list of personal characteristics or other information which would make the student's identity easily traceable.
Who are "school officials"?
A "School official" can be a person:
- Employed by the University in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff);
- Student workers can be considered "school officials" and be granted access to personally identifiable student information if their job responsibilities give them a legitimate educational interest (need to know);
- Elected to the Board of Trustees;
- Or company employed by or under contract to the college to perform a special task such as the attorney, auditor, collection agency;
- Or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.
What is a "legitimate educational interest"?
A legitimate educational interest is the demonstrated need to know by those officials of an institution who act in the student's educational interest, including faculty; administration; clerical, professional or student employees; and other persons who manage student record information.
NOTE: School officials should be reminded that access to student record information is governed by the legitimate education interest under FERPA. As such, school officials should not view or access student record information unless specifically required by their job responsibilities. Under what conditions is disclosure permitted?
Directory Information is that part of the education record which does not contain personally identifiable information and may be disclosed without the student's permission.
Directory Information includes:
- Name
- Local and permanent address
- Email address
- Telephone listing
- Dates of attendance and enrollment status
- Major field of study and degrees received
- Honors and awards
- Class standing
- High school graduated from
- Most recent previous educational agency or institution attended
- Participation in officially recognized activities and sports
- Weight and height of members of athletic teams
- Student Directory
On the Class Roster page in WFFA, you will see a "FERPA" column. If the student has restricted disclosure of any or all directory information, there will be a notation of Y in the "FERPA" column.
Keep only those individual student records necessary for the fulfillment of your teaching and advising responsibilities. Private notes (sole possession) intended only for the faculty member's use are not part of the education record. Student scores and grades, if associated with the name or ID, should not be displayed publicly. If lists of grades or scores are to be displayed, use a code known only to the student and you. Always post the list in random order to prevent possible identification.
NOTE: Papers, exam books, etc should not be left in publicly accessible places.
Student record information that you receive from WFFA is not to be shared with other faculty or staff, unless their official responsibilities identify their legitimate educational interest in that information for that student. Always be mindful that a student may have restricted disclosure of that information. Refer requests for information from the educational record to the Office of the University Registrar. There are some cases that allow the disclosure of education records without the student's permission such as:
- Lawfully issued subpoenas
- Authorized representative of the Department of Education for the purposes of performing an audit, evaluation or enforcement of federal and state supported programs
Refer any questions to the Office of the University Registrar.