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Family Education Rights and Privacy Act (FERPA) - A General Outline

Background of the Regulation

Formerly called the Privacy Rights of Parents and Students.
Commonly referred to as the Buckley Amendment after Sen. James Buckley (NY).
Passed in 1974, amended in 1988, 1996, and 1998.
Provides students with access to their education records as well as privacy protection concerning those records.
All "educational agencies and institutions that receive funds under an applicable program administered by the Department of Education" must comply.
IU Release of Student Information Policy is derived from FERPA and must be at least as strict as the federal regulation.

Definitions

Directory/public information: information contained in the record which would not generally be considered harmful or an invasion of privacy if disclosed (i.e., name, address, phone number, major, dates of attendance, admission or enrollment status, campus, school, class standing, degrees and awards, activities, sports).

Personally identifiable/private information: information contained in the record which would generally be considered more sensitive or an invasion of privacy if disclosed (i.e., student identification number/social security number, grades, hours completed, GPA, current class schedule, parent name and address). At IU, this includes date of birth.

Eligible student: a student who has reached 18 years of age OR is attending an institution of postsecondary education.

Requirements of the Institution

To provide a student access to his/her records (within 45 days).
To permit a student to challenge those records (Dean of Students).
To obtain student written consent before releasing private information.
To notify students of these rights (Enrollment and Student Academic Information Bulletin).

Exceptions

Certain exceptions to the requirement of "prior written consent" are written into the law which the institution may honor:

"Legitimate educational interest/need to know."

* school officials who need the information to perform their duties

* faculty are considered advisors with legitimate educational need for their enrolled students, those seeking to enroll, or those they advise (May, 1999).

Parents of students who are claimed as IRS dependents (copy of tax form required).
Court issued subpoenas (University Counsel and student notification required).

Points of Special Interest

"Social Security Numbers could not be used for posting public notices to students, such as the scores received." (at IU, this includes the ten-digit University Identification Number)

LeRoy Rooker, Director, Family Policy and Regulations Office

"Many instructors post grades adjacent to their offices at the end of the term. Although most instructors detach students' names, the listing is generally in alphabetical order by student number or social security number . . . (and) the confidentially of grades is in jeopardy. Instructors and others who post grades should use a system that ensures that the requirements of the Buckley Amendment are carefully met."

Legal Guide, American Association of Collegiate Registrars and Admissions Officers in conjunction with the National Association of College and University Attorneys

"The public posting of grades either by the student's name, institutional student identification number, or social security number without the students' written permission is a violation of FERPA. Even with names obscured, numeric student identification numbers are considered personally identifiable to students."

Revised Guide to Postsecondary Institutions for Implementation of the Family Educational Rights and Privacy Act of 1974, American Association of Collegiate Registrars and Admissions Officers, 1995/98

When in Doubt . . .
Err on the side of caution!

Student Record Information Which May Be Released Without Student's Written Authorization

Requestor

N
A
M
E

S
I
D
N

Address

Phone

Birth

Any Other
Personal
Info

Currently

DA
AT
TT
EE
SN
   D
OA
FN
   C
   E

C
A
M
P
U
S

S
C
H
O
O
L

C
L
A
S
S

M
A
J
O
R

D
E
G
R
E
E

H
O
N
O
R
S

Other CRSE/
Admission
Info

L
O
C
A
L

H
O
M
E

P
A
R
E
N
T

L
O
C
A
L

H
O
M
E

D
A
T
E

P
L
A
C
E

A
D
M
I
T
T
E
D

E
N
R
O
L
L
E
D

Parent, Guardian,
or Spouse

Yes

Yes*

Yes

University Pres.,
V.P., or Their
Representatives

Yes

Yes
*D

Yes

Deans, Chairpersons, or Their
Representatives of Student's School

Yes

Yes
*D

Yes

Faculty

Yes

Yes
*D

Yes

Employer

Yes

Yes*

Yes

Government Agencies
(unless subpoenaed
by a court)

Yes

Yes*

Yes

Other Educational
Institutions

Yes

Yes*

Yes

All Others

Yes

Yes*

Yes

"*" Unless student has filed an exclusion.

"D" Release dependent on information being determined "legitimate need to know".

Contact

For questions and more information, call Bart Quinet at 855-0121.

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