Family Educational Rights and Privacy Act (FERPA) Tutorial (3)

What are the rights of students?
The Family Educational Rights and Privacy Act protects the privacy of student education records. It gives students the right to inspect and review their education records; the right to request the amendment of their education records that students believe are inaccurate or misleading; the right to consent to disclosure of personally identifiable information contained in the education records, except to the extent that FERPA authorizes disclosure without consent; and the right to file a complaint with the U.S. Department of Education concerning alleged failures by the university to comply with the requirements of FERPA. Ultimately, an institution’s failure to comply with FERPA can mean the withdrawal of federal funds by the Department of Education.

What is not an education record?
Records not considered part of an education record include, but are not limited to, records of the law enforcement unit of an education institution, and records that only contain information about an individual after he or she is no longer a student at the institution.

Under what circumstances may an institution disclose information from education records without consent?
There are several exceptions to FERPA’s general prior consent rule that are set for in the statute and the regulations. See § 99.31 of the FERPA regulations. One exception is the disclosure of “directory information” as set forth in FERPA guidelines. (34 CFR § 99.31(a) (11).)

What is directory information?
FERPA defines “directory information” as information contained in the education records of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Northwestern State University defines directory information as the following: student’s name; mailing address; e-mail address; photograph; telephone number; dates of attendance; enrollment status (e.g., undergraduate or graduate, full-time, or part-time); major field of study; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors and awards received, including naming to honor rolls; and the most recent educational agency or institution attended.

How do students notify the university that they would like their directory information handled as confidential information?
Students may choose to have their directory information marked confidential at any time by printing the  form, completing, signing, dating, and mailing or faxing the form to the University Registrar’s Office.  Form:  “Request to Prevent Disclosure of Directory Information”

What do students do if they would like one or more of their parent(s) or guardian(s) to have access to the information contained in their education record?
Students can print the “STUDENT INFORMATION RELEASE AUTHORIZATION” form, complete, sign, date, and mail or fax the form to the University Registrar’s Office.

Can the consent form be submitted online?
No.  Students can print the “STUDENT INFORMATION RELEASE AUTHORIZATION” form, complete, sign, date, and mail or fax the form to the University Registrar’s Office.

How long will the consent be in effect?
Consent will remain in effect until a student submits a notification in writing revoking their consent.