FERPA Guide for Faculty and Staff | Office of the Registrar (2024)

The Family Rights and Privacy Act is a federal law (20 U.S.C. § 1232g et seq.) that:
• Protects the privacy of student education records
• Applies to all institutions that receive certain funds from the U.S. Department of Education
• Provides guidelines for appropriately using and releasing student education records
• Defines students as the “owners” of their education records and the institution as the “custodian” of education records

  • Inspect and review their education records
  • Request an amendment to their education records they believe are inaccurate or misleading
  • Consent to disclose information in their education record, except to the extent FERPA authorizes disclosure without consent
    • Students may provide consent to a third party by:
      • Giving the third party access to FAMweb
      • Completing the Student Permission to Release Academic Records form
    • Students may restrict the release of their directory information by completing and submitting the Request for Confidentiality of Directory Information form to the Office of the Registrar
      • Students who have completed this process are identified by a red “Confidential” indicator in the top-right corner of ARIESweb and by the word “Confidential” at the top of every page in Banner that displays part of the student’s education record
        • This marker does not allow students to be anonymous in the classroom
      • Everyone at the University must respect the student’s privacy request
      • If asked for information about a student who has confidential flag on their record, tell the requestor, “Due to data privacy policies, we cannot respond to your request.”
  • File a complaint with the U.S. Department of Education concerning alleged failures by CSU to comply with the requirements of FERPA

Education Records:

Are any record maintained by CSU related to a student, in any storage medium or format, including:

  • Personal information (i.e., name, email address, age)
  • Enrollment records
  • Grades
  • Class schedules and rosters
  • Exams and papers
  • Student financial records
  • Immunization records for those immunizations required for attendance
  • Student employment records (i.e., work study, GTA, etc.)

Are not:

  • Records in the sole possession of the author and not shared with anyone else
  • Law enforcement records created for legal purposes
  • Employment records not based on student status
  • Medical treatment records
  • Post-enrollment activities and alumni records

Class Recordings

  • Class recordings that include only the instructor/faculty member may be shared with any CSU students, faculty, and staff
  • Class recordings that include student participation may be shared only with students enrolled in the same section or officially cross-listed sections as established in Banner
  • Class recordings that include student participation may not be shared with students not enrolled in the recorded section

Directory Information

Is specific information identified by CSU that is not generally considered sensitive or confidential and may be shared without the student’s consent:

  • Name
  • Institutional email address
  • Telephone number
  • Major field of study
  • Classification (i.e., freshman, sophom*ore, etc.)
  • Dates of attendance
  • Current or previous enrollment status
  • Anticipated date/term of graduation and expected degree(s)
  • Honors and degrees awarded
  • Participation in officially recognized activities and sports
  • Height and weight of athletic team members
  • Video and photographic images of students with the exception of the official CSU identification photograph

Access to Education Records

Is allowed by FERPA for the following parties:

  • The student
  • CSU officials with a legitimate educational interest or need to know
  • An institution where the student is enrolled or seeks to be enrolled
  • The parents of dependent students (most recent tax return is required)
  • Those employed or contracted by CSU to perform designated functions (i.e., National Student Clearinghouse)
  • Those representing CSU’s legal interests if the student’s record is relevant
  • A third party who the student has authorized using FAMweb or a Student’s Permission to Release Academic Records form
  • A person in response to a court-ordered subpoena
  • Accrediting agencies (i.e., the Higher Learning Commission)
  • Officials responding to a health or safety emergency
  • The U.S. Department of Education, state/local officials, legislative requestors
  • Those who plan, conduct, or review research related to CSU educational programs
  • U.S. military recruiters for recruiting purposes only (10 U.S.C. § 983 – also referred to as the “Solomon Amendment”)

Guidelines for Faculty and Staff

  • Understand and follow student privacy laws, policies, and guidelines
  • Keep student data secure
  • Never expose nondirectory information when distributing homework, posting grades, in publications, in Canvas, on website, etc.
  • Always check confidentiality status before releasing information
  • Verify the identity, authority, and purpose of those requesting access
  • When speaking to a student about their academic record:
    • In person
      • Verify their identity by checking their ID
    • Remotely – ask for:
      • CSU ID number
      • Full name
      • Date of birth
      • Ask the student 3 of these questions from their education record
        • First term and year of attendance
        • Number of credits completed through CSU
        • Two classes taken through CSU and grades earned
        • Secondary major, minor, or certificate
        • Previous institution(s) attended
        • Mailing address
        • High school attended
        • ACT or SAT composite scores
        • Term or cumulative GPA of last term attended
        • Program of study
  • Follow record retention guidelines
  • Never access education records for reasons beyond the scope of your job
  • Hold sensitive conversations in private locations
  • Encrypt emails containing protected student information
  • Be vigilant and report violations to the Office of the Registrar
  • Contact the Office of the Registrar if you have any questions

Other Resources

FERPA Guide for Faculty and Staff | Office of the Registrar (2024)

FAQs

What are some specific examples of FERPA violations? ›

FERPA, a federal law, gives parents and eligible students (18+) control over their records. Common FERPA violations include sharing information without consent, not implementing proper security measures, and not informing parents of their FERPA rights.

Which of the following are considered school officials under FERPA? ›

A “school official” includes a teacher, school principal, president, chancellor, board member, trustee, registrar, counselor, admissions officer, attorney, accountant, human resources professional, information systems specialist, and support or clerical personnel.

What does FERPA mean for teachers? ›

FERPA, or the Family Educational Rights and Privacy Act, safeguards privacy rights for student and parent education data, allowing access only with written permission.

What must be included in a FERPA compliant consent form? ›

FERPA requires that a consent for disclosure of education records be signed and dated, specify the records that may be disclosed, state the purpose of the disclosure, and identify the party or class of parties to whom the disclosure may be made.

What are the four main FERPA exceptions? ›

In addition, some records maintained by schools are exempt from FERPA, including: (1) records in the sole possession of school officials; (2) records maintained by a law enforcement unit of the educational institution; (3) records of an educational institution's non-student employees; and (4) records on a student who ...

Which of the following is not protected by FERPA? ›

Records which are kept in the sole possession of the maker of the records, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the records.

Which of the following types of information does FERPA allow educators to share? ›

At its discretion, Loyola Marymount University may provide public or directory information in accordance with the provisions of FERPA to include: student name, address, telephone number, electronic mail address, date and place of birth, major field of study, dates of attendance, photographs or images of the student, ...

What is the FERPA for dummies? ›

The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the right to have access to their children's education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education ...

What is not a right under FERPA? ›

Other Information Not Protected by FERPA

This includes such data as a student's name, address, phone number, honors and awards, and other basic demographics. Schools must tell parents (or eligible students) what will be disclosed and give them an opportunity to submit an opt-out form.

What do teachers have to keep confidential? ›

The following guidelines are critically important: All information discussed with family members or contained in children's files is confidential and will not be shared without specific written consent.

What are the basic rules of FERPA? ›

What are the general requirements of FERPA? Generally, FERPA prohibits educational agencies from releasing any information in the education record unless they have written permission for the release. In most cases, a parent43 must sign that release.

What are examples of education records according to FERPA? ›

Examples of education records include: academic evaluations, including student examination papers, transcripts, test scores and other academic records; general counseling and advising records; disciplinary records; and financial aid records, including student loan collection records.

Which of the following would be a violation of FERPA? ›

Below are some of the most common FERPA violations involving improper sharing of private information: Failing to implement adequate data security programs. Denying an eligible student or parent access to the student's records. Including protected student information on a mailing list or shared documents.

What are the five acceptable identifiers to complete a FERPA ID? ›

(a) The student's name; (b) The name of the student's parent or other family members; (c) The address of the student or student's family; (d) A personal identifier, such as the student's social security number, student number, or biometric record; (e) Other indirect identifiers, such as the student's date of birth, ...

What is an example of a FERPA educational record? ›

Examples of education records include: academic evaluations, including student examination papers, transcripts, test scores and other academic records; general counseling and advising records; disciplinary records; and financial aid records, including student loan collection records.

What are some unintentional ways that schools might be violating FERPA and how can they strive to be vigilant? ›

However, as teachers, sometimes we make hard copies of student examinations, papers, projects, or grading rosters to review or file them. Therefore, what we toss in our waste paper basket could be a FERPA violation. Discarding any documents that contain personal student information should be shredded.

Is an example of a violation of student privacy? ›

Usually, a student's privacy rights are respected. However, someone sharing a student's private information violates these rights. This can be a disclosure that happens without consent. Or it can be when a student faces an unauthorized search of their locker or backpack.

What could be the consequences for violating Hipaa or FERPA? ›

Both HIPAA and FERPA are nationally mandated laws that protect information. HIPAA keeps medical records secure while FERPA keeps education records private. Failure to comply with either results in fines, penalties, or revocation of funding.

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