FERPA is a federal law that protects the privacy of students. The law assigns the student as the owner of their educational record and provides guidelines on how the educational institution is to use and release protected information. This insures that information such as the student’s grades, academic standing, and course schedule are not public information and that the student controls who has access to this information. This law also requires the educator to grant the student's access to their personal records.
It is important as staff to know and understand what you can and cannot access or share with others about students.
What Does That Mean as Staff?
Never release any information about a student to the public that isn't considered public directory information. Non-directory information includes grades, class schedule, and academic standing. Be prepared to explain to students, parents, faculty, and advisors why you or they cannot share certain information.
What are the Consequences of Violating FERPA?
FERPA violations may result in the loss of federal funding for the university. Any breach of confidentiality could lead to disciplinary action, including the possibility of termination of employment.
What Information is Public?
The university is allowed to select some information about a student to make accessible to the public. This information is called "Directory Information." The university has two levels of directory information, public and non-public.
Public Directory Information
Public Directory Information is student information that is available to the public. This allows individuals such as employers or insurance agents to verify enrollment. The directory information the university has selected is the following:
- Student name
- Year at the University
- Dates of attendance
- Academic college and major field of study
- Enrollment status (undergraduate or graduate; full-time or part-time)
- Participation in officially recognized activities and sports
- Degrees, honors and awards received
- Most recent educational agency or institution attended
- Hometown
- University email address
Non-Public Directory Information
Non-Public Directory Information is not available to the public, but is available to any university official, student, or, at the university's discretion, university affiliates such as alumni associations.
- Local address
- Permanent address
- Telephone listings
Directory information will be available to the public upon request and may be included in student directories published electronically.
Is the University Required To Release a Student’s Directory Information?
No. The only required disclosure of educational records under FERPA is to the student. All other disclosures, including those with student consent and disclosures of directory information, are at the discretion of the institution.
Can Students Have Their Directory Information Withheld From the Public?
Yes. Non-disclosure means the university may not release any directory information about the student, except as permitted under the provisions of FERPA. The university may not even acknowledge to third parties that the person is a student.
Even though a student may have placed a FERPA restriction, the university has the right to share the student’s information, without the student’s authorization, with school officials who have a legitimate educational interest or in response to a judicial order or legally issued subpoena.
What About Other Student Information?
Non-directory information can be shared only with that student. All other third parties are not permitted to view that student’s information (including parents, faculty, advisors etc.) unless they meet at least one of the following conditions:
- The written consent of the student.
- School officials that have a legitimate educational interest.
- When there is an articulable and significant threat to the health or safety of a student or other individuals.
- When confirming information provided by a third party. (For example: if someone calls and provides the NUID of a student, you may include the NUID when giving them information).
- Educational institutions where the student plans to enroll or transfer.
- Judicial orders or lawfully issued subpoena.
- Any records included under the directory information unless they have been restricted by the student.
- Parents if the students are Federal IRS dependents; proof of dependency is required.
- Third parties with written agreement in conjunction with the evaluation of federal or state supported educational programs.
Under FERPA, release of information is up to the university's discretion even if an exception is met.
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 official has a legitimate educational interest if the official needs to review an educational record in order to fulfill their professional responsibilities.