FERPA

Training
information
Wright State University
Raider Connect

4/20/15

Notes:
This

applies to you in a way that if the

front is busy we cannot ask favors of the
advisors to look up stuff for friends or
family members
Some information is over what you are
able to access as a student worker

4/20/15

What is FERPA?
It stands for the Family Educational
Rights and Privacy Act of 1974.
Also known as the Buckley Amendment.
Protects the privacy of a students
educational records.
Applies to all educational agencies or
institutions that receive funds under any
program administered by the Secretary
of Education.
Enforced by the Family Policy Compliance
Office (FPCO) of the U.S. Department of
Education, Washington DC.

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Family Educational Rights and

Privacy Act of 1974
A

federal law designed to protect the

privacy of education 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.

4/20/15

Rights granted to students

by FERPA
Right to expect that their education records
are kept confidential
Right to inspect and review education records
Right to seek to amend education records
Right to have some control over the
disclosure of any information, including
directory information, from education records
Right to file a complaint with the Family
Policy Compliance Office (FPCO) of the U.S.
Department of Education, Washington DC, if
they feel their rights are being violated

4/20/15

When do FERPA rights begin

and end for a student?
Rights begin when the student is in
attendance as defined by the institution.
For WSU, this means when a person has
matriculated (been admitted, enrolled in
classes, and begun attending classes for
the first time).
FERPA rights continue after the student
leaves the institution and are only
terminated upon death of the student.

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What are Education Records?

All

records that directly relate to a

student and are maintained by an
institution or by a party acting for the
institution.

What are NOT Education

Records?
Exceptions

to education records

include:
Sole

possession records
Law enforcement records
Employment records
Medical records
Alumni records

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NOT Education Records

4/20/15

contd

Personal Notes kept by a faculty/staff

member, if kept in the sole possession of
the one who made the record.
- Sharing personal notes with another
person or placing them in an area where
they can be viewed by others makes them
education records.

WSU Police Department maintained solely

for law enforcement purposes & revealed
only to law enforcement agencies

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NOT Education Records

4/20/15

contd

Employment

Records of those whose

employment is not contingent upon being a
student.

Records created as a result of being a student (work

study, graduate assistant, etc.) are education records.

Medical

Records - created by a health care

professional used only for the medical/health
treatment of the student.

Alumni

Records - created after student has left

the institution.

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4/20/15

Public Information:
Name
Address and telephone listing (local and permanent)
Date of birth
Dates of registered attendance
Major field of study
Degrees and awards received
Participation in officially recognized activities and
sports
Weight/height of members of the athletic teams
Most recent previous educational institution
attended
Enrollment status (full-time/part-time)

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4/20/15

Release without Consent:

Faculty

and Staff of WSU with legitimate

educational interest on a need to
know basis

Regular duties of the employee

Education of a student
Discipline of a student
Service or benefit of student
Safety and security of the campus

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4/20/15

Release without consent

cont.
Lawful

subpoena or judicial order

In connection with a students
application for or receipt of financial aid
Request by state authorities and
agencies
Accrediting organizations
Parent of legal guardian of dependent
student

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4/20/15

Release without consent

cont.
Student

under 21 years of age who has

committed a violation of law or
university policy pertaining to drugs or
alcohol
In case where a student is found
responsible for a violation pertaining to
university policy pertaining to drugs or
alcohol

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4/20/15

Release without consent

cont.
Student

is found responsible for a

violation of WSU Code of Student
Conduct pertaining to an act of sexual
or physical assault
Authorized federal officials who need to
audit and evaluate federally supported
programs

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4/20/15

Case Study #1
An attorney calls the chair of the History
Department about student Reed A. Book. The
attorney explains that they represent Mr.
Book in a personal injury action that does not
involve the university and states that Mr.
Book does not object to the department chair
discussing his student records, including his
grades with the attorney. Should the chair
provide the information about Mr. Book to the
attorney?

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4/20/15

Case Study #1
Answer:
No. Attorneys and other third- parties
generally cannot access student education
records unless the student consents to that
access
But What if:
Mr. Books calls the department chair and
tells her that he does not object to her
talking to the attorney. Should she talk to
the attorney?

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4/20/15

Case Study #1
Answer:

No, FERPA requires the student to provide

written consent.
Ok, but: What if the attorney provided the
department chair with a piece of paper that
states: Please release my education records
to my attorney J.A. Smith for use in my
personal injury case. Signed, Reed A. Book ?
Then Yes, due to having written consent.

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4/20/15

Case Study #2
The Provost stops by the Art Department
office and tells the department chair that
a former student has filed a complaint
against the university alleging
discrimination. The Provost wants the
chair to turn over the departments file on
the student to the Provost for review by
the Universitys attorney. Should the chair
turn over the file??

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4/20/15

Case Study #2
Answer:
Yes. FERPA permits University legal counsel
to access information when a student sues
the university. Legal Counsel also may
access information where litigation has not
ensued.

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4/20/15

Case Study #3
A husband of a student approaches you
frantically asking to find his wife/ husband
because their son is at the hospital. You
have access to the class schedule for the
significant other. Do you tell him where to
find her??

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4/20/15

Case Study #3
Answer:
No. You should tell the husband that you will
immediately contact the campus police.
They will locate the significant other and
bring them to the husband.

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4/20/15

Case Study #4
One of your advisees requests access to
the note you keep on the advisee in your
file. Do you have to provide that student
access to those files.

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Case Study #4
Answer:
Yes, Under FERPA a student may inspect
and review their educational records

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4/20/15

Bottom Line:
If

you are unsure, ask the question!

When in doubt- dont give it out
Information about a student may be
released with a signed consent from the
student
**Please be sure to read and sign the Student
Worker Employment Confidentiality Agreement
form