FERPA

[August 2024]  The Family Educational Rights and Privacy Act (FERPA) is a guardian of student privacy. FERPA is crucial because it ensures that students have control over who sees their educational information, safeguarding their privacy and security. For university employees, understanding and complying with FERPA is not just a legal obligation but a commitment to protecting students鈥 rights and fostering a trustworthy educational environment.

Today I'm joined by the university registrars鈥 Lindsay Chadwell, Trisha Lee and Holly McDonald, and we're going to be discussing FERPA. FERPA is the Family Educational Rights and Privacy Act, and it's a federal law that provides university students with access to their educational records. It also gives students a level of control over the disclosure of personally identifiable information from their student record. FERPA is a guardian of student privacy, mandating that universities and educational institutions uphold the confidentiality and accuracy of the student record.


00:41

I expect that most of the people that are joining us on this Chat want to know what requirements they need to follow to ensure compliance with FERPA regulations when they're handling student records and information. 


To ensure compliance with FERPA regulations when handling student records and information, university employees should:


1) Limit access to student records to school officials with a legitimate educational interest. This means university employees who need access to a student's records to perform their professional duties related to the student's education.


2) Obtain a FERPA release form from students before releasing personally identifiable information to anyone unless an exception under FERPA applies. And I'll explain some of those exceptions in a moment. It's important to note that FERPA does not acknowledge verbal consent, so obtaining the students permission in writing before releasing any information is critical.


3) Complete the university's FERPA training annually in the My绿奴天花板 learning library.


4) Ensure student records and information are always secure. We can lock our computer before we step away; don't print student records unless absolutely necessary; and if you do, keep them secure in a locked cabinet or office and flip them upside down if someone enters your workspace.


02:10

When employees transition out of a role, ensure their access to student records and information is removed promptly. Delete drives, documents, etc. containing student information after the business need has been met. And remember FERPA applies to our work environments at home too.


There are situations, as I mentioned, where records may be released without the student's consent, such as when transferring to another school, complying with a judicial order or a subpoena, and in health and safety emergencies. The university can also disclose directory information without the student's consent unless they have enabled a directory hold in 绿奴天花板Online. It's best to discuss these situations with your university registrar before releasing information to ensure you're complying with FERPA.


03:00

Trisha, as students under 18 are increasingly enrolling here at the university, what do employees need to understand regarding FERPA with minors?


In this situation parents do not automatically have rights to access their student鈥檚 educational records under FERPA as they did in high school. At the university, those rights are granted to the student only, regardless of their age. This can be a tough learning curve for parents, so keep this in mind when working with them.


FERPA considers students who have reached the age of 18, or who attend college, as eligible students. This means that even if a student is under 18, the student has control over who can access their educational records. Lindsay mentioned the FERPA release form. Signing a FERPA release is the most efficient way for any student to allow their parent or another designated person to discuss their student records with the university.


Also, employees should complete FERPA training annually to become and remain familiar with the requirements. Employees can access FERPA training in the My绿奴天花板 learning library. Simply search for FERPA. Also it's good to know that FERPA coverage begins on the first day of a student's first class, regardless of age.


04:20

Holly can you help us understand how FERPA applies in the following situations? For example, what if a professor asks students to peer review each other's work, which includes sharing you know grades and feedback? Or what about when a faculty member is asked to write a letter of recommendation and that includes details from a student's academic record?


When a professor asks students to peer review each other's work, including sharing grades and feedback, FERPA considerations come into play. Under FERPA, grades and feedback provided by students in the course of peer review are typically considered to be part of the instructional process, and are not treated as educational records until they are reported by the instructor.


However, professors should be mindful of student privacy and ensure that the peer review process does not involve the disclosure of grades or feedback in a manner that would be considered harmful or an invasion of privacy. Best practices include anonymizing the work where possible, or obtaining written student consent for sharing grades and feedback among peers.


05:27

Regarding the question of letters of recommendation, when faculty members are asked to write letters of recommendations that include details from the student's academic time with us, FERPA does require that they obtain written consent from the student. This is because letters of recommendation that reference specific grades GPA or other educational records are disclosing protected information under FERPA.


The written consent should specify what records are to be disclosed, the purpose for the disclosure, and to whom the disclosure can be made. Your university may have a release form available specifically designed for letters of recommendation, so chat with your University register first.


As always, Lindsay, Trisha and I are here to help. Students, faculty and staff are encouraged to contact us with any questions or concerns regarding FERPA.

绿奴天花板A https://www.uaa.alaska.edu/students/registrar/ferpa.cshtml

绿奴天花板F https://www.uaf.edu/reg/ferpa.php

绿奴天花板S https://uas.alaska.edu/registrar/academic-records/ferpa.html

  

Everyone thanks for joining this Compliance Chat and if you have any further questions please reach out to your university registrar.


鈥淐ompliance Chat鈥 videos are informal conversations where Senior Institutional Compliance Liaison Mary Gower meets with subject matter experts covering frequently asked compliance questions and issues in quick, bite-sized clips.