FERPA

Family Educational Rights and Privacy Act of 1974

Also known as the Buckley Amendment

Why Comply with FERPA?

• It’s the law
• Failure to comply could result in withholding Federal Funds, including Student Financial Aid
• Lawsuits caused by violations cost time and money

Student Rights Granted under FERPA

• The right to inspect and review their own education records
• The right to seek to have those records amended
• The right to have some control over the disclosure of information from the records

What are Education Records?

• All records that directly relate to a student and are maintained by an institution
• These records can be in any media form: handwritten, print, type, film, electronic, etc.

• Registration forms, transcripts, student information displayed on your computer screen, grades, student schedules, class rosters

What information can be released?

• Directory Information
• Information that the student has given written consent to release
• Information needed by employees who have a legitimate educational interest
• Information needed by certain government agencies

Directory Information at SDSU includes:

• Student’s Name
• Address (local, permanent)
• Student’s email address
• Telephone (local, permanent)
• Student Class Level
• Name and Address of Next of Kin
• Date and Place of Birth
• Major Program of Study
• Minor Program of Study
• Dates of Attendance
• Current and past course registration(s) (courses only – not schedules)
• Degrees and Awards received
• All Previous Education Institutions Attended
• Participation in Officially Recognized Activities and Sports
• Weight and height of Athletic Team Members
• Any photographic material containing the image of the student (i.e., yearbook, electronic image, etc.)

Who can access Student Information?

• SDSU Employees who have a legitimate educational interest
• Legitimate Educational Interest: a school official’s need to review student education information to fulfill a responsibility as part of his or her employment
• Financial Aid Lenders
• Agents of the court when the college has been served with a lawfully-issued subpoena or court order
• Certain State & Federal Agencies
• Appropriate individuals in an emergency in order to protect the health & safety of the student or other persons
• Under the Solomon Amendment – military recruiters

Parent’s Rights

• Parents may obtain directory information
• Parents may obtain non-directory information by obtaining WebAdvisor login information from their child, if the student wishes

Important Information

• Access to Student information via WebAdvisor, MISIntranet, or Wintegrate does not authorize unrestricted use of that information
• Curiosity is not a valid reason to view student information
• Records should only be used in the context of official business
• Refer requests for student academic information to the Registrar’s Office
• Information on a computer should be treated with the same confidentiality as a paper copy
• Do not leave confidential information displayed on an unattended computer
• Cover or put away papers that contain confidential information if you are going to step away from your desk
• Records containing Social Security Numbers or grades should be shredded, not just thrown in the garbage
• Students have the option of requesting a privacy hold – even directory information may not be given out on these students

To Avoid FERPA Violations –

Please Do Not:

• Use the SSN/Student ID to post grades
• Leave graded tests in a stack for students to sort through
• Circulate a printed class list with the Student Name and SSN/Student ID
• Provide anyone with student schedules
• Provide anyone with lists of students enrolled in your classes
• Include confidential information (grades, GPA) in a recommendation letter without the written consent of the student

When in doubt, don’t give it out!