Frequently Asked Questions
Who are university officials?
University officials are university employees or third parties under contract with the university to achieve educational missions of the university. This includes, but is not limited to, faculty, staff, advisors, counselors, employment placement personnel, deans, department chairpersons, directors, university police, health staff and development officers.
What is Legitimate Educational Interest?
A University of Nebraska–Lincoln official has a legitimate educational interest if the official needs to review an educational record in order to fulfill his or her professional responsibilities.
- Curiosity is not a legitimate educational interest. You may not look up a student out of curiosity.
- Just being a university employee does not mean you have legitimate educational interest. Access to the information must be related to your job and the education of the student.
- Access to information does not authorize unrestricted use.
Who is responsible for seeing that FERPA is upheld?
All university employees who have access to student records are responsible for guarding the confidentiality of those records (including all educational records such as tests, papers, etc.)
What security measures should I take?
- Never disclose, share or loan your NUID or password to anyone. Everyone should obtain their own individual login if access is deemed necessary.
- Ensure that remote access to, retrieval, and transmission of confidential academic record information is accomplished through a secure and encrypted connection.
- Faculty and staff should restrict unauthorized persons from viewing confidential information. Some examples would include:
- Never leave your computer unattended while signed on. Using a password-protected screen saver is encouraged, and protective measures should be taken to eliminate access to your work area.
- Never leave personal login information in view of unauthorized individuals.
- Always lock your office and lock up any educational records or confidential information away from view.
What are educational records?
Educational records are pieces of information relating to students and maintained by the institution or its agent. This information is not permitted to be released to the general public. Educational records can be:
- Handwritten Notes
- Computer Files/Generated Information
- Printed Information
- Video or Audio
- Microfile or Microfiche
- Photos
- Any information maintained about the student
Information kept by and only seen by staff is not considered an educational record.
What are not considered educational records?
The following records are excluded from the definition of educational records:
- "Sole possession" records made by faculty and staff for their own use as reference or memory aids and not shared with others
- Personal observations
- University law enforcement records
- Medical and mental health records used only for the treatment of the student
- Alumni records
- Peer graded papers and exams prior to the grade being recorded in the instructor's grade book
Are student-related notes covered by FERPA?
Yes, unless these notes fall into the category of "sole possession" records. "Sole possession" records are made by faculty and staff for their own use as reference or memory aids and not shared with others. If the notes do not fall in this category, they are subject to FERPA. Therefore, it is important that notes are factual and free of inappropriate language.
Do I have a right to inspect educational records of any student?
No. Faculty/advisors members are considered "school officials," but the employee must demonstrate "a legitimate educational interest" in their request to access student records. You may only view a student’s information if it is necessary to complete your job.
May I discuss my students with other faculty/advisors?
Only if it is necessary to perform your job. Otherwise, you may only discuss student records with the student.
Can I post grades outside my office?
Grades are not directory information, so it is imperative that grades cannot be identified with a student. You cannot use personal identification matched with a grade, including name, NUID, SSN, or a list order that is deductible such as alphabetic or roster order.
Can I use a web-based tool for classes?
Yes, but classes using class websites or discussion groups must take extra caution to not release non-directory information. It is recommended that you apply a security layer so only the instructor and class members can access information.
May I use social media in my classroom?
Yes, but caution should be taken. These platforms are public and can be viewed by others. Comments, grades, or any other protected information cannot be posted.
What if a student asks a question on a public platform that requires release of student data?
Do not respond with any non-directory information. Answer the student either in person or on a secure platform.
Can a student choose to be anonymous in class?
No, students cannot choose to be anonymous in the classroom setting. Even if a student has chosen to hide their directory information, this does not mean that their name and email cannot be used in the classroom and class forums/discussion boards, or chats.
Can I disclose academic information if there is a threat to the safety of student or others?
Yes, FERPA allows an exception for educational records to be released in case of a threat to the health and safety of the student or others. The decision to release such information to police, university officials, or parents relies on the level of threat and your discretion. However, best practice is to contact Student Affairs.
Can I discuss academic information with other schools?
Yes, you may discuss or send information to schools where the student plans to enroll or transfer.
How does FERPA impact letters of recommendation?
The individual writing a letter or recommendation is permitted to include details about the student as long as the information falls under public directory information and does not qualify as educational records. For example, the writer can state, “Exceptional Student,” but cannot say, “Earned an A in my class.” However, the author may include non-directory information in their letter ONLY if written consent from the student is first obtained.
Can I share a student's information with their parent?
No. FERPA does not allow you to discuss student information with any third party unless you have written consent from the student.
What do I do if the parent of a student contacts me?
Check to see if they have written consent from the student. If they do, you are free to discuss information with them. If they do not have consent, you may only discuss public directory information with them (unless that is restricted as well).
How do I verify a parent has consent to see the student’s academic information?
- If the parent is accompanied with the student, you may discuss information with them (However, if you are not confident of the student's identity, ask for an ID).
- You should not accept written consent from the parent without either seeing the student sign it or the student provided additional written consent to you.
- Always make sure you ID the person with whom you will be discussing the information.
A parent contacts you and says there is a family emergency. Can you tell the parents the day, time, and location of their student’s class?
At the university, a student's class schedule is not listed as directory information; therefore this information may not be released. However, FERPA states that if the release of non-directory information is “necessary to protect the health or safety of the student or other individuals,” then this information may be released. Parents should be directed to contact the Vice Chancellor’s Office of Student Affairs.
Can I answer questions about educational records over the phone, by email, or by fax?
Be cautious discussing educational records over the phone and email. Use reasonable inquisition to confirm the person is the student, someone who has written consent, or a school official with legitimate educational interest*. Those who have written consent will have a security code/phrase that they must give to you.