TOPICS:

What is FERPA?
Rights granted to students by FERPA
What are Education Records?
Who is and is not covered under FERPA?
What information can be released?
What is "directory information?"
Student (and former student) Rights under FERPA
Who can access student information?
Parents' Rights
Complaints
 
 
FERPA is the Family Educational Rights and Privacy Act of 1974 (also sometimes referred to as the Buckley Amendment). It is a federal law requiring the privacy of student records and the obligations of the institution, primarily in the areas of the release of records and the access provided to these records. Any educational institution that receives funds under any program administered by the U.S. Secretary of Education is bound by FERPA requirements. Institutions that fail to comply with FERPA may have funds administered by the Secretary of Education withheld.
 
 

• Right to inspect and review education records
• Right to seek to amend education records
• Right to have some control over the disclosure of information from education records

Failure to Adhere to FERPA can result in disciplinary action, such as stiff penalties and loss of aid to the institution.
 
 
"Education records" are records which can be in any media form (written documents, computer media, microfilm, microfiche, video/audio tapes or cd's, film, photographs, etc.) and are defined as records which:

• contain information which is personally identifiable to a student; and
• are maintained by an educational agency or institution or by a party acting for the agency or institution

Exceptions to "education records" include:

• Sole possession records - personal notes kept by a faculty/staff member if kept in the sole possession of the one who made the record
• Law Enforcement Records - maintained solely for law enforcement purposes & revealed only to law enforcement agencies
• Employment records - of those whose employment is not contingent upon being a student (unless contingent on attendance)
• Medical Records - created by a health care professional used only for the medical/health treatment of the student. Medical records made and maintained in the course of treatment and disclosed only to those individuals providing treatment
• Records that only contain information about a student after he or she is no longer a student at that institution (e.g., alumni donation records)

• Students who are or have been in attendance (including graduates) at a post secondary institution are covered under FERPA
• Applicants who are denied admission or who never attend are NOT covered under FERPA

• Directory information (see below)
• Information that the student has given written consent to release
• Information needed by employees who have a legitimate educational interest
• Information needed by certain government agencies
• Results of a disciplinary hearing to an alleged victim of a crime of violence
• Final results of a disciplinary hearing concerning a student who is an alleged perpetrator of a crime of violence and who is found to have committed a violation of the institution's rules or policies
• Disclosure to parent of student under 21 if the institution determines that the student has committed a violation of its drug or alcohol rules or policies

It is information that can be released without the student's written consent. Each college, to some extent, can determine what information is classified as directory information. "Directory information" is information not generally considered harmful or an invasion of privacy if disclosed.

Directory information CANNOT include student identification numbers or social security numbers.
 
Directory information as defined by NCCC includes:

• student name
• address (including email)
• telephone number
• date and place of birth
• major field of study
• participation in officially recognized activities and sports
• photograph
• weight and height of athletes
• dates of attendance
• degrees and awards received
• most recent previous school attended

• Students have the right to know where education records are kept
• Students have a right to inspect their education records
• Students have the right to have records amended as necessary
• Students have the right to file a complaint with the U.S. Department of Education if they feel their rights are being violated
• Students have the right to expect that their education records are kept confidential, except where special provisions are made
• Students have the right to suppress the disclosure of directory information to outside agencies

• NCCC employees who have a legitimate educational interest. Legitimate educational interest is defined as a school official's need to review student education information to fulfill a responsibility as part of his or her contract
• Financial Aid lenders
• Agents of the court when the college has been issued a subpoena or court order
• To Federal, State, and local authorities conducting an audit, evaluation, or enforcement of education programs.
• Appropriate individuals in an emergency in order to protect the health & safety of the student or other persons
• To military recruiters under the Solomon Amendment
• To schools in which a student seeks or intends to enroll
• Educational research agencies
• Accrediting organizations

• Parents may obtain DIRECTORY information
• If the child is a legal dependent as claimed on the parental tax returns, parents may obtain non directory information (grades, gpa, etc.), but only at the discretion of the institution [See Release Form]
• Parents may obtain non directory information by obtaining a signed, notarized consent from their child (forms available in Records) [See Release Form]
• Please refer all parental requests for information through the Registration & Records Office (A-201)

 

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5901
 
Phone: (202) 260-3887
Fax: (202) 260-9001


Requests for information may also be emailed to: FERPA@ed.gov
Or visit: www.ed.gov/offices/OII/fpco