What is the Family Educational Rights and Privacy Act (FERPA)?
Also known as the "Buckley Amendment," FERPA is a federal law enacted in 1974 which affords students certain rights with respect to their education records. Specifically, it affords students the right to: 1. inspect and review their education records, 2. request the amendment of inaccurate or misleading records, 3. consent to disclosure of personally identifiable information contained in their education record and 4. file a complaint with the U.S. Department of Education concerning alleged failures by Saint Leo University (SLU) to comply with this law. SLU strives to fully comply with this law by protecting the privacy of student records and judiciously evaluating requests for release of information from those records. FERPA authorizes the release of "Directory Information" without the student's prior consent under certain conditions which are set forth in the Act.
How does FERPA apply to faculty and staff?
FERPA requires faculty and staff to act in a legally specified manner.
To which information does FERPA apply?
Personally identifiable information includes but is not limited to: the student's name; the name of the student's parent or other family member; the address of the student or student's family; a personal identifier, such as the student's social security number or student number; a list of personal characteristics that would make the student's identity easily traceable; or other information that would make the student's identity easily traceable.
What are education records?
Educational records are all records that contain information directly related to a student and are maintained by an educational agency or institution, or by a party acting on its behalf. A record means any information recorded in any way, including handwriting, print, tape, film, microfilm, microfiche, and digital images. Educational records do not include the following:
- sole possession records -- records kept in the sole possession of the maker which are used only as a personal memory aid and are not accessible or reviewed by any other person except a temporary substitute for the maker of the record);
- medical or psychological treatment records that include those maintained by physicians, psychiatrists, and psychologists;
- employment records, provided that employment is not contingent upon being a student;
- law enforcement records; and
- records collected about an individual after that person is no longer a student at Saint Leo University.
How is compliance monitored?
The Family Policy Compliance Office (FPCO) monitors schools for compliance. Students have the right to file complaints with the FPCO regarding compliance issues of the Act. Failure to comply may result in a loss of federal funding for financial aid and educational grants and/or civil litigation.
What is "Directory Information?"
FERPA identifies certain information, called directory information, which may be disclosed without the student's permission. The university has designated the following information as directory information:
- Student's name
- Local, permanent, and email addresses
- Telephone listing
- Date and place of birth
- Major fields of study
- Dates of attendance
- Enrollment status
- Degrees, awards, and honors received, including selection criteria
- Most recently attended previous educational institution o Classification
- Expected graduation date
- Participation in officially-recognized activities and sports
- Weight and height, if a member of an athletic team
- Names and addresses of former students with funds remaining in their general property deposit
- Student parking information
Can students control disclosure of "Directory Information?"
Do you have something in place for students to do this most schools have state this has to be denoted within the first 2 weeks.
To whose records does FERPA apply?
FERPA applies to the education records of persons who are or have been in attendance, including students in cooperative and correspondence programs.
Where can I get a copy of the law?
A full text of the law is available at:
http://www.ed.gov/policy/gen/guid/fpco/ferpa/parents.html