FERPA: Key Concepts

---

---

Definition

The Family Educational Rights and Privacy Act (20 U.S.C. § 1232g) is 

. . . a federal law that affords parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education records. When a student turns 18 years old, or enters a postsecondary institution at any age, the rights under FERPA transfer from the parents to the student (“eligible student”).

FAQ about FERPA, https://www2.ed.gov/policy/gen/guid/fpco/pdf/ferpafaq.pdf

Student Rights

• Students have the right to:
  • Inspect and review educational records
  • Request edits of inaccurate/misleading information
  • Consent to disclosures of individually identifiable information in educational records
  • File complaints with the DoE alleging noncompliance

Institutional Obligations

• While all student records are subject to FERPA, student directory information may be released without the written consent of the student.
  • The law allows institutions to define “directory information,” so directory information may be different at different institutions.
  • ACC’s FERPA information page provides ACC’s definition of directory information:
    • Name, address, telephone number
    • Date and place of birth
    • Major field of study
    • ACC Email Address
    • Participation in activities
    • Dates of attendance
    • Degrees, certificates, and awards
    • Name of the previous educational institution attended
    • Student classification and enrollment status
  • Students may submit a written request for privacy on their ACC records, and from that point, ACC will not release information from their records unless the student personally requests it (with appropriate ID)
    • The form is available in the forms inventory: Request to Withhold Directory Information
• Nevertheless, certain key information is not directory information and should never be shared without consent:
  • Grades, GPA, class schedule, or student ID number, as well as demographic information such as gender, ethnicity, religion, citizenship.
  • Some of this information may be published in reporting that does not individually identify students (e.g., published data concerning ethnicity, gender, GPA, etc.)

Guidelines for Faculty and Staff

• As a baseline principle, treat all student information as confidential.
  • Do not share confidential student information with anyone other than the student through a verified means of communication, unless you have written consent from the student.
• Use your official ACC-issued email account for all communication with students, and expect students to communicate with you using their ACC-issued email accounts.
  • Do not discuss confidential information using non-ACC-issued email addresses, even if you are confident that it belongs to a student.
  • Note: You may provide public information to nonstudents via alternative email addresses.
    • example: Prospective students may email you to ask about CLEP or course challenge exams, for instance. You may answer questions of this nature with generic public information.
  • In general, you may also respond to questions from prospective students in which the prospective student discloses confidential information.
    • example: A prospective student emails a question like, “I made a B in HS German III. Will that count as German III in college?” The student is revealing protected information to you, but if you’re answer is ACC policy you are not volunteering any confidential information in your response. (“In general, HS German classes alone won’t give you credit for college courses in German,” etc. But you wouldn’t want to look up the students HS transcript and discuss it unless you can verify that you are communicating with the student.)
  • I recommend appending a confidentiality notice to your email signature. You can use this:

***CONFIDENTIALITY NOTICE***

This email message, including all attachments, is for the sole use of the intended recipient(s) and may contain confidential information. Unauthorized use or disclosure of confidential student information is prohibited under the federal Family Rights and Privacy Act (FERPA). If you are not the intended recipient, you may not use, disclose, copy or disseminate this information. Please contact the sender and delete all copies of the message, including attachments.  If you have received this communication in error, please notify us immediately by email.  Thank you.

A&R recommended language

• If someone else — for instance, someone claiming to be a parent or guardian — requests information, politely but firmly inform her or him that, according to federal law, such information can only be shared with the student.
  • Student Proxy Authorization
    • To include a parent, guardian, or other party in meetings or in other communications in which confidential student information may be discussed, students must submit the Student Proxy Authorization prior to the meeting or other communication.
    • A properly executed Student Proxy Authorization should be retained for one year after the communications with the proxy.
• Dual enrollment (dual credit/ECHS) poses special challenges, but the law is clear:
  • “If a student is attending a postsecondary institution – at any age – the rights under FERPA have transferred to the student. However, in a situation where a student is enrolled in both a high school and postsecondary institution, the two schools may exchange information on that student. If the student is under 18, the parents still retain the rights under FERPA at the high school and may inspect and review any records sent by the postsecondary institution to the high school.” (https://www2.ed.gov/policy/gen/guid/fpco/pdf/ferpafaq.pdf)
  • In general, for dual enrollment students, explain that you are not permitted to share the requested information.
  • You may also refer the parent/guardian to the department chair or dean.
• General advice concerning confidential student information: “When in doubt, don’t give it out.”
  • Check with a supervisor for input before providing confidential information.
  • You may share information that is public (e.g., posted on ACC’s website, Lighthouse, etc.).

ACC’s FERPA resource

• https://www.austincc.edu/ferpa