FERPA in College: Privacy Rights for Students

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Understanding your rights under FERPA is not just about compliance; it’s about empowering yourself to control your educational information and ensuring its confidentiality.

What is FERPA and Why Does it Matter to College Students?

Enacted in 1974, the Family Educational Rights and Privacy Act (FERPA) serves as a cornerstone for safeguarding the privacy of student education records. At its core, FERPA operates on the principle of limiting access to these records by third parties without the explicit consent of the student.

A pivotal aspect of FERPA for college students is the transfer of rights. Once a student reaches the age of 18 or begins attending a postsecondary institution, regardless of their age, the rights under FERPA shift from the parent to the student, who is then considered an “eligible student.” This transition signifies a recognition of the student’s autonomy and right to control their educational information in their adult life.

Under FERPA, students have the right to be informed about the purpose, content, and location of any information that is maintained as part of their educational records. Furthermore, they have a right to expect that the information contained within these records will be treated with confidentiality and will not be disclosed to unauthorized individuals or entities unless they have granted permission for such disclosure.

It’s important to note that FERPA’s regulations apply to virtually all postsecondary institutions across the United States, both public and private, as the vast majority of these institutions receive funding through programs administered by the U.S. Department of Education. This widespread applicability ensures that a significant number of students benefit from the privacy protections afforded by this federal law.

Understanding Your Fundamental Rights Under FERPA

FERPA grants four primary rights to students once they enter the realm of postsecondary education:

The Right to Inspect and Review Your Education Records

Students possess the right to access and examine their education records that are maintained by the university. This right must be honored within 45 days from the date the university receives a written request from the student.

To initiate this process, students are typically required to submit a formal written request to the registrar, the dean of their college, the head of their academic department, or another designated school official. This request should clearly identify the specific record or records that the student wishes to review.

Upon receiving the request, the relevant university official will make the necessary arrangements for the student to access the records and will inform the student about the scheduled time and location where the inspection can take place.

In situations where the requested records are not held by the official to whom the request was initially submitted, that official is responsible for directing the student to the appropriate individual or office.

While FERPA guarantees the right to inspect and review these records, it does not necessarily mandate that the university provide a physical copy of the records to the student. However, institutions may offer copies under certain circumstances, such as when a student resides a significant distance from the university, making in-person inspection unduly burdensome.

The Right to Seek Amendment of Inaccurate or Misleading Records

Students have the right to formally request that their education records be amended if they believe that the information contained within them is inaccurate or misleading.

To initiate this process, the student should submit a written request to the university official who is responsible for maintaining the specific record in question. This written request should clearly identify the particular part of the record that the student believes needs to be changed and should explicitly state the reasons why the student considers that part to be inaccurate or misleading.

If the university decides that it will not amend the record as requested by the student, it is obligated to inform the student of this decision in writing. This notification must also include information about the student’s right to request a formal hearing to further challenge the university’s decision.

The university will provide the student with additional details regarding the procedures for such a hearing when they are notified of their right to one.

Even if, after the hearing, the university still opts not to amend the record, FERPA provides the student with a crucial right: they can insert a statement into their education record that presents their perspective on the contested information. This statement must remain attached to the specific part of the record that the student disputes for as long as that record is maintained by the institution.

The Right to Consent to Disclosure of Personally Identifiable Information (PII)

Students have the right to provide explicit written consent before the university discloses any personally identifiable information (PII) contained within their education records.

Personally identifiable information is defined as any data or information that could be used to identify a specific student. This includes, but is not limited to, a student’s name, Social Security Number, student identification number, address, and date of birth.

While this right to consent is fundamental, FERPA does outline certain specific exceptions under which the university is permitted to disclose PII from a student’s education records without obtaining the student’s prior written consent. These exceptions will be discussed in more detail later in this article.

The Right to File a Complaint

Students are afforded the right to file a formal complaint with the U.S. Department of Education if they believe that their university has failed to comply with the requirements set forth by FERPA.

The official complaint form can be accessed on the Department of Education website. When filing a complaint, it is crucial to ensure that it is submitted in a timely manner, generally within 180 days of the date when the student became aware of the circumstances surrounding the alleged violation.

The complaint should also include specific and detailed allegations of fact that provide a reasonable basis to believe that a FERPA violation has occurred. This includes providing relevant dates, the names and titles of any school officials or third parties involved, and a clear description of the education record that is the subject of the alleged violation.

What Constitutes an “Education Record” in College?

Under FERPA, “education records” are broadly defined as any records, files, documents, and other materials that contain information directly related to a student and are maintained by the educational institution or by a party acting on its behalf. This definition is quite encompassing and includes a wide array of information that is typically generated and kept by colleges and universities concerning their students.

Examples of information that are generally considered to be part of a student’s education record under FERPA include:

• Grades and Transcripts: Records of academic performance, including course grades, transcripts, and degree completion
• Class Lists and Student Course Schedules: Information about the courses a student is enrolled in and the official class rosters
• Enrollment Records: Documents related to a student’s enrollment history at the institution
• Student Financial Aid Information: Records pertaining to any financial assistance a student receives, including applications, awards, and account details
• Disciplinary Records: Documentation of any disciplinary actions taken against a student by the institution
• Student Employment Records: Records related to a student’s employment by the university, particularly if that employment is contingent upon their student status, such as work-study positions
• Advising Records: Notes and documentation from academic advising sessions
• Test Scores and GPA: Records of standardized test scores and a student’s grade point average
• Papers, Exams, and Theses: Completed academic work submitted by the student for evaluation

However, FERPA also specifically excludes certain types of records from its definition of “education records”:

• Sole Possession Records: These are records or notes that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record
• Law Enforcement Unit Records: Records that are created by and maintained by a law enforcement agency or the campus security unit of an educational institution solely for the purpose of law enforcement
• Employment Records: Records relating to an individual who is employed by an educational agency or institution that are made and maintained in the normal course of business and relate exclusively to the individual in their capacity as an employee, provided these records are not available for use for any other purpose
• Medical Records: Records that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in their professional capacity or assisting in a paraprofessional capacity, and which are made, maintained, or used only in connection with the treatment of the student and disclosed only to individuals providing the treatment. These records are often protected under the Health Insurance Portability and Accountability Act (HIPAA)
• Alumni Records: Records that are created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly related to the individual’s attendance as a student
• Grades on Peer-Graded Papers: Grades on peer-graded papers before they are collected and recorded by an instructor

To provide a clearer overview, the following table summarizes what is typically included and excluded from the definition of education records under FERPA:

Understanding these distinctions is crucial for students to know what types of information are protected under FERPA and what rights they have concerning them.

When Can Your College Disclose Your Education Records Without Your Consent?

While the general rule under FERPA is that colleges and universities must obtain a student’s written consent before disclosing personally identifiable information from their education records, there are several specific exceptions to this requirement:

1. To school officials with legitimate educational interests: This exception allows institutions to disclose education records to university officials, including faculty, staff, and even third-party contractors, who have a legitimate educational interest in the records. A legitimate educational interest typically means that the official needs to review the education record in order to fulfill their professional responsibilities related to the student’s education or the functioning of the university.
2. To other schools where the student seeks to enroll: Institutions can disclose a student’s education records to officials at another school where the student is seeking or intends to enroll, or is already enrolled, provided that the disclosure is for purposes related to the student’s enrollment or transfer.
3. To parents of dependent students: If a student is claimed as a dependent by their parents for federal income tax purposes, the university may disclose the student’s education records to either parent without the student’s consent.
4. In health or safety emergencies: In cases of an actual, impending, or imminent emergency that poses a significant threat to the health or safety of the student or other individuals, institutions may disclose personally identifiable information from education records to appropriate parties. This disclosure is limited to the period of the emergency and only to those whose knowledge of the information is necessary to protect health or safety.
5. Pursuant to a court order or lawfully issued subpoena: If a college or university receives a valid court order or a lawfully issued subpoena, they are required to disclose the requested education records, provided they have made a reasonable effort to notify the student about the order or subpoena.
6. To comply with audits or evaluations: Disclosure is permitted to authorized representatives of government entities, such as the U.S. Department of Education or state and local educational authorities, for the purpose of auditing or evaluating federal or state-supported education programs or for the enforcement of or compliance with federal legal requirements related to those programs.
7. In connection with financial aid: Institutions may disclose education records, without consent, when the information is necessary to determine a student’s eligibility for financial aid, the amount of aid, the conditions of the aid, or to enforce the terms and conditions of the aid.
8. To organizations conducting studies: Disclosure is allowed to organizations that are conducting studies for or on behalf of the institution to develop, validate, or administer predictive tests, administer student aid programs, or improve instruction.
9. To accrediting organizations: Institutions may disclose education records to accrediting organizations that are carrying out their accrediting functions.
10. Directory Information: Colleges and universities can disclose what is known as “directory information” without a student’s prior written consent, provided that the institution has given public notice to students of the types of information it has designated as directory information and has provided a process for students to opt out of such disclosures. Directory information typically includes a student’s name, address, phone number, email address, major field of study, dates of attendance, degrees and awards received, and participation in officially recognized activities and sports. Students have the right to request that their directory information not be disclosed.
11. Disclosure in cases of disciplinary proceedings: Postsecondary institutions are permitted to disclose the final results of any disciplinary proceeding in which a student has been found responsible for a crime of violence or a non-forcible sex offense. This disclosure can be made to the alleged victim of such a crime and, in some instances, to the general public.

Understanding these exceptions is crucial for students to have a comprehensive view of when their educational information might be shared without their direct permission.

Navigating Common FERPA Scenarios

College students often have specific questions regarding their privacy rights under FERPA in various situations:

Parental Access to Your College Records

Generally, once a student enters college and becomes an “eligible student,” parents do not have an inherent right to access their child’s education records without the student’s explicit written consent.

However, there is a significant exception to this rule: if the student is considered a “dependent student” as defined by Section 152 of the Internal Revenue Code (i.e., their parents claim them as a dependent on their federal income tax return), the university may disclose the student’s education records to either parent.

It’s also important to note that students always have the option to grant their parents or guardians access to their academic, financial aid, and student financial account information by providing written consent to the university. Many institutions have specific forms for this purpose.

Disclosure to Third Parties (e.g., Employers, Scholarship Organizations)

For the majority of disclosures to external third parties, such as potential employers or organizations offering scholarships, the student’s written consent is typically required before the university can release any personally identifiable information from their education records.

Students will usually need to sign a specific release form that authorizes the institution to share particular information with the designated third party. This ensures that students maintain control over who has access to their academic history and other protected information.

Understanding and Managing Directory Information

As mentioned earlier, colleges and universities can designate certain types of information as “directory information,” which they can disclose to the public without a student’s written consent unless the student has taken steps to prevent such disclosure.

Common examples of directory information in a college setting include the student’s name, address, phone number, email address, major field of study, dates of attendance, and degrees and awards received. Institutions are required to notify students annually about what they consider directory information and the process for opting out of its disclosure.

Students who wish to prevent the release of their directory information must typically inform the registrar’s office in writing. However, students should carefully consider the implications of opting out, as doing so might prevent the university from confirming their enrollment or degree to potential employers, scholarship committees, or other entities, which could potentially hinder future opportunities.

What to Do If You Believe Your FERPA Rights Have Been Violated

If a student believes that their rights under FERPA have been violated by their college or university, they have the right to file a formal complaint with the U.S. Department of Education’s Family Policy Compliance Office (FPCO).

The complaint should be submitted using the official complaint form. When completing the form, it is essential to provide specific details about the alleged violation, including the relevant dates, the names and titles of the individuals involved, and a clear description of the education record in question.

It is also important to file the complaint in a timely manner, generally within 180 days of the date when the student learned of the circumstances of the alleged violation.

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