FERPA Informational Guide: Part 6

What about letters of recommendation?

Statements made from the recommender’s personal observation or knowledge of the student does not require a written consent.

If personally identifiable information obtained from the student’s education records is included, such as grades, GPA, etc., the writer is required to obtain a signed release from the student. The release should specify the records to be disclosed, the purpose of the disclosure, and to whom the records may be disclosed.

How does FERPA apply to faculty and staff?

The law requires faculty and staff to treat student’s education records in a legally specified manner.

Grades: Students’ scores or grades should not be displayed publicly. Even with names obscured, numeric student identifiers are considered personally identifiable information and must not be used. Grades, transcripts, or degree audits reviewed for purposes of advisement should not be placed in plain view in open mail boxes located in public places.

Athletes: The education records of student athletes are covered by FERPA. Without a signed consent form, personally identifiable information may not be disclosed from the education records of student athletes, nor may they appear on the published team roster.

Class Rosters/Grade Sheets: These and other reports should be handled in a confidential manner and the information contained on them should not be redisclosed to third parties.

Records (INB)/NSUConnect: Faculty are deemed to be “school officials”and can access data in the Records (INB)/NSUConnect if they have a “legitimate educational interest.” A legitimate educational interest exists if the faculty member needs to view the education record in order to fulfill his or her professional responsibility.

Disclosing or confirming directory information: An institution may not disclose or confirm directory information without meeting the written consent requirements in §99.37 if a student’s Social Security Number/CWID or other non-directory information is used alone or combined with other data elements to identify or help identify the student or the student’s records.