Frequently Asked Questions about FERPA Download a PDF version here.
What is FERPA?
FERPA is an acronym for the Family Educational Rights and privacy Act of 1974, also known as the Buckley Amendment. This federal enactment establishes the legal parameters governing access to and release of student educational records.
Who is required to comply with the standards set forth in FERPA?
Any educational institution or educational administrative service that receives funds from the United States Secretary of Education must comply with the terms set forth in FERPA.
What does FERPA require of colleges and universities?
The Act encompasses six basic requirements of colleges and universities.
Students must be annually notified of their FERPA rights. At the University of Tennessee, FERPA information is included in our student handbook, Hilltopics, in the Graduate and Undergraduate catalogs, on the Web site of the University Registrar (http:registrar.tennessee.edu/records/privacy.shtml), at Orientation for new students, in the Teaching Guide for new instructors, and at Orientation for new faculty and teaching assistants. In addition, students annually receive an email notice reminding them of rights extended under FERPA.
Students must be allowed to review their education records.
Students must be allowed to request to amend their education records, with limited exceptions.
Students must be allowed to limit disclosure of personally identifiable information contained in their education records.
The college or university must undertake reasonable efforts to ensure that third parties do not re-disclose personally identifiable information and that the information is utilized by third parties only for its intended purpose.
Records must be maintained of requests for and disclosure of student education records.
What are “education records”?
FERPA defines education records as any record that directly relates to a student and is maintained by an educational agency or a party acting on behalf of the institution. Examples of education records include, but are not limited to
Transcripts
Degree Audit Reports
Schedules of Classes
Class Rolls
Academic History Reports
Grade Rolls
The following items are NOT education records, as defined by FERPA
Sole possession records (records kept in the sole possession of the maker, used as a personal memory aid and not revealed to others)
Law enforcement records
Employment records
Medical records
Post-attendance records
Psychological or mental health records
What are the consequences of non-compliance with FERPA requirements?
The consequences of non-compliance with FERPA requirements are serious. The Department of Education may cite the offending institution with official notice to cease the practice of non-compliance, and all funds administered by the Secretary of Education could be withheld from the institution.
Who has FERPA rights?
All students attending or who previously attended, a college or university, regardless of age, have FERPA rights. ‘Attending students’ include admitted students, students in residence, continuing education students, students auditing only, and distance education students. FERPA does NOT apply to applicants who have not been admitted to the institution.
Who may have access to personally identifiable education records?
FERPA allows individuals with ‘legitimate educational interest’ to access personally identifiable education records. University officials and officials of agencies acting on behalf of the university, with demonstrated ‘need to know’ status may have access. Such persons include but are not limited to faculty, administrators, and clerical and professional employees.
Parents of students may NOT have access to personally identifiable student records without the written consent of the student.
What is directory information?
Directory information is information about a student that is not generally considered harmful if disclosed. Directory information may be disclosed UNLESS the student has invoked the FERPA right to limit disclosure of that information. Directory information includes
Name
Net ID
Semester and Permanent Addresses
Email address
Telephone Number
Date and Place of Birth
Classification
Graduate or Undergraduate Level
Full-Time or Part-Time Status
College
Major
Dates of Attendance
Degrees and Awards
Most recent previous educational institution attended
Participation in school activities and sports
Weight and height
What isNOT directory information?
All non-directory information the university maintains about a particular student, including such information as
Social security number
Student ID number
Grades
Term and cumulative GPAs
Student schedule
Academic history
Academic standing
How do students invoke their rights to limit the disclosure of directory information?
Student directory information is included in the online Web Directory and in the annually published Student Telephone Directory. Students wishing limited disclosure may submit a request, available on the website of the University Registrar at http://registrar.tennessee.edu/records/privacy.shtml. University Registrar personnel will suppress the requestor’s directory information from visibility on the Web Directory, and will exclude the student’s directory information from the next publication of the printed Student Telephone Directory. Students who wish more stringent measures of privacy may meet with personnel in the Office of Student Data Resources, 218 Student Services Building, to discuss their needs.
How do I know if a student has requested more stringent privacy measures?
Students whose needs for privacy exceed non-disclosure on the Web Directory and in the Student Telephone Directory may request that a ‘privacy’ notation be attached to their academic history reports and to their electronic records accessible by departmental personnel in colleges and administrative offices. It is strongly recommended that no information be disclosed without first checking for privacy notations. Please contact the Office of the University Registrar if you have questions about this issue.
May I, as a faculty member, post the grades of my students?
Grades MAY NOT be publicly posted by student names, by Student ID numbers, by Social Security Numbers, or by any other personally identifiable means, unless students give permission in writing. Public posting includes printed lists or Web sites. Grades may be posted if the instructor has implemented a system of code words or randomly assigned numbers known only by the instructor and the individual student. Under these conditions, posting should NOT be done alphabetically.
What may I as a faculty member include in letters of recommendation for students?
Recommendations that are made by personal observation or knowledge do not require a student’s written permission. If personally identifiable information from a student’s education record, such as grades or GPAs, is included, a signed release from the student is required. The release must
Specify the records that may be disclosed;
State the purpose of disclosure;
Identify the party or class of parties to which disclosure may be made;
Be signed and dated by the student.
Where can I find more information about FERPA?
The American Association of Collegiate Registrars and Admissions Officers maintains an excellent Web site of FERPA information at www.aacrao.org/compliance/ferpa/.
The University of Tennessee Office of the University Registrar’s Web site offers comprehensive information, and a FERPA power point tutorial at http://registrar.tennessee.edu/indexx_fs.shtml.
For questions about FERPA, contact the Office of the University Registrar at registrar@utk.edu, or by calling 865-974-2101.
