What is FERPA?
The Family Education Rights and Privacy Act of 1974, also known as the Buckley Amendment,
protects the privacy of student records. The Act provides for the right to inspect
and review education records, the right to seek to amend those records, and to limit
disclosure of information from the records. The Act applies to all institutions that
are the recipients of federal funding. The regulations for FERPA can be found in 34CFR
Part 99.
What is protected under FERPA?
Students who are currently enrolled in higher education institutions or formerly enrolled,
regardless of their age or parental dependency status. Students who have applied but
have not attended an institution do not have rights under FERPA.
What are education records?
With certain exceptions, a student has rights of access to those records which are
directly related to him/her and which are maintained by an educational institution.
“Education Records” generally include any record in the possession of the institution
which contain information directly related to a student, with the exception of those
addressed in the following section.
FERPA contains no requirement that certain records be kept at all. This is a matter
of institutional policy and/or state regulation. The records may be handwritten or
in the form of print, computer, magnetic tape, e-mail, film, or some other medium.
FERPA coverage includes records, files, documents, and data directly related to students.
This would include transcripts or other records obtained from a school in which a
student was previously enrolled.
What is NOT included in an education record?
- Sole-possession records or private notes held by educational personnel which are not
accessible or released to other personnel
- Law enforcement or campus security records which are solely for law enforcement purposes
- Records relating to an individual’s employment by the institution (unless employment
is contingent on student status)
- Records relating to treatment provided by a physician, psychiatrist, psychologist,
or other recognized professional or paraprofessional and disclosed only to individuals
providing treatment
- Records of an institution which contain only information about an individual obtained
after that person is no longer a student at that institution (i.e. alumni records)
What documents can be removed from an education record before the student views the
record?
- Any information that pertains to another student
- Financial records of the student’s parents
- Some confidential letters and statements of recommendation under conditions described
in FERPA section 99.12 or institution policy. What is directory information? Institutions
may disclose information on a student without violating FERPA through what is known
as "directory information." This generally includes a student’s name, address, telephone
number, date and place of birth, major field of study, participation in officially
recognized sports and activities, weight and heights of athletes, dates of attendance,
degrees and awards received, e-mail address, class schedule/roster, full- or part-time
status, photograph, and other similar information.
What is not disclosed as directory information?
- GPA
- Grades
- Country of Citizenship
- Race/Ethnicity
- Gender
- Social Security Number
Who would generally be permitted access without the student’s written consent?
- School officials who have "legitimate educational interests" as defined in the institution’s
annual FERPA notification
- Parents of a "dependent student" as defined by the Internal Revenue Code
- The issuer of a judicial order of subpoena which allows the institution to release
records without the student’s consent, however, a "reasonable effort" must generally
be made to notify the student before complying with the order
When do you need consent to disclose personally identifiable information from an education
record (including transcripts)?
- With specific exceptions, a signed and dated consent by the student must be provided
by the student before any disclosure is made. The exceptions to this regulation are
listed in the next section.
The written consent must:
- Specify the records that may be disclosed
- State the purpose of disclosure
- Identify the part or class of parties to whom the disclosure may be made
- When is the student’s consent NOT required to disclose information? The exceptions
are:
- To Institution faculty, staff, and administrators with a legitimate educational interest
(defined in the Institution’s annual notification)
- To parents of a “dependent student”
- To Federal, State, and local education authorities involving an audit or evaluation
of compliance with education programs in connection with processing Financial Aid
- To organizations conducting studies for or on behalf of educational institutions
- To accrediting organizations
- To comply with judicial order or subpoena, health or safety emergency, directory information
- To the student results of disciplinary hearing to an alleged victim of a crime of
violence
- Requests to disclose should always be handled with caution and approached on a case-by-case
basis.
What is “personally identifiable information”?
- The student’s name
- Name(s) of the student’s parents(s) or other family members
- Address of the student or student’s family
- A personal identifier, such as a social security number or student number
- A list of personal characteristics that would make the student’s identity easily traceable
How does increasing technology impact FERPA on our campus?
The use of computerized record-keeping systems is increasing at a tremendous rate.
Electronic data will eventually replace most paper documents. We try to ensure that
appropriate policies are established to protect the confidentiality of those records,
educate faculty, administrators, staff, and students about the policies, and make
sure the policies are enforced. The same principles of confidentiality must be applied
to electronic data as apply to paper documents. In summary, these general guidelines
are not intended to be legal advice. This document provides only a summary of FERPA.
For further information regarding FERPA or clarification regarding FERPA, refer to
the act and regulations or visit http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html or contact the FERPA representative in the Registrar’s Office.
FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974 (FERPA) RELEASE
This release form allows us to discuss your information with the people that you name.
Please note that spouses, parents, and church are already included. If you do not
wish to give these people access to your information, then uncheck the appropriate
parties. If you do not wish to give access to anyone, then please enter your name
and your Social Security number, but leave the form unsigned.
FERPA provides for the confidentiality of student education records. Oakland Community
College and the Michigan Department of Health and Human Services may neither disclose
certain educational information concerning students nor permit inspection of their
education records without the permission of the student unless such actions are covered
by certain exceptions as stipulated in FERPA.
By entering my name below and submitting this form, I hereby grant designated employees
of Oakland Community College (OCC) permission to discuss, provide written records,
and/or the inspection of such records, which records shall be defined as educational,
financial and academic performance records, to caseworkers of the Michigan Department
of Health and Human Services (MDHHS), said entity having been designated as a "school
official" with a "legitimate educational interest" in accessing student educational
records as defined by FERPA. MDHHS has previously acknowledged that it remains under
the control of OCC for the purposes of this waiver, and that it is prohibited from
re-disclosing any personally identifiable information, including financial information,
from my educational records to any other person or entity, other than OCC, without
my express permission.
NOTE: This request is made in compliance with the FERPA (20 U.S.C.A. Sec. 1232G).
Access to this information does not give permission to others to alter the student’s
record. Changes to the student record must be made at the request of the student.
NOTE: This release remains in effect until you provide written revocation of your
consent or when you are no longer a student at OCC.
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