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Understanding
FERPA
The Family Educational Rights & Privacy Act
- What is FERPA?
- What are educational records?
- What is directory information?
- Who is protected by FERPA?
- How is the annual notification communicated
to students?
- How do I withhold directory information?
- Who is entitled access to student information?
- What is a 3rd party release authorization?
- How do I obtain further information on
FERPA?
I. Basics of FERPA
The Family Education Rights and Privacy Act, also known as
the Buckley Amendment, addresses the issue of student privacy.
Although there are many regulations that must be adhered to,
FERPA permits some flexibility with regard to how it is administered.
Through the enactment of FERPA in 1974, guidelines were established
prohibiting institutions from releasing student information
to anyone without expressed written permission from the student.
Why comply with FERPA?
"IT IS A FEDERAL LAW!"
The law gives students the following rights:
- The right to inspect and review education records.
- The right to seek an amendment to education records.
- The right to control disclosure of information from
educational records.
- The right to file a complaint with FERPA in Washington
D.C.
II. What are educational records?
The "Act" applies to all education records maintained by a
postsecondary institution or by a party acting for the institution,
which are directly related to a student. Records containing
a student's name, social security number or other personally
identifiable information are covered by FERPA, unless defined
as "directory information." Any information provided by a
student to the University for use in the education process
is considered the educational record.
III. What is directory information?
FERPA permits the release of directory type information to
third parties outside the institution without written consent
of the student provided that the student has been given the
opportunity to withhold such disclosure.
Directory information is defined as follows:
- Student's name
- Address
- Phone Number
- Date and place of birth
- Major and minor fields of study
- Participation in officially recognized activities and
sports
- Dates of attendance
- Degrees and awards received
- Most recent education institution attended
- E-mail address
- Full-time/part-time enrollment status
- Photo ID/s
Directory information cannot include the following identifiable
elements:
- Student identification numbers, or social security numbers
- Race/ethnicity
- Nationality
- Gender
Benedictine University has the policy of not releasing directory
information to outside agencies, such as vendors, requesting
student directories with address information. In compliance
with the Solomon Act, directory information is provided to
the Military Services, if requested.
IV. Who is protected under FERPA?
FERPA applies to the educational records of persons who are
or have been in attendance in postsecondary institutions.
There is no age which prohibits FERPA, as long as the person
is or was enrolled at a postsecondary institution. FERPA does
not apply to records of applicants for admission who are denied
acceptance, or if accepted, do not attend an institution.
V. How is the annual notification communicated
to students?
Students are notified of FERPA rights annually by publication
in the Student Handbook, the University Undergraduate, and
Graduate Catalogs, and Course Schedule publications.
VI. How do I withhold directory information?
Currently enrolled students may withhold disclosure of directory
information listed in part III. The form for this purpose
of non-disclosure of designated directory information is available
in Benedictine Central, the Academic Resource Center, and
in the forms section of "Advising
Matters". A request to withhold information will remain
in effect until the individual withdraws the request.
VII. Who has access to student information?
Students and former students have rights to impact their education
records. A 24 hour notice should be provided to Benedictine
Central prior to the review and inspection of the record.
University officials, defined as faculty, administration,
professional staff, may access student information without
prior consent of the student. Access is permissible if it
is demonstrated that the University official is acting in
the student's "legitimate educational interest".
VIII. What is a third party release authorization?
A student may provide for release of identifiable, non-directory
information to a third party by signing a "Confidential Release
Authorization" form. The form is available in Benedictine
Central, the Academic Resource Center (ARC), or under forms
in "Advising
Matters".
IX. How do I obtain further information
on FERPA?
For further information on FERPA, you may contact the Compliance
Office of FERPA:
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