The Office of The University Registrar - The University of Alabama

FERPA Fact Sheet

The Mystery of FERPA -- What it is not - What it is -- Why Must I Comply?

It stands for the Family Educational Rights and Privacy Act of 1974.
Also known as the Buckley Amendment.
FERPA is enforced by the Family Policy Compliance Office of the U.S. Department of Education.

It's the Law & University of Alabama policy.
Failure to comply could result in the withholding of Federal Funds including Student Financial Aid.
Lawsuits caused by violations cost time and $$$.
As an employee of the university you may be disciplined for intentional violations of the Policy on Confidentiality of Student Records.

The right to inspect and review their own education records.
The right to seek to have those records amended.
The right to have some control over the disclosure of information from their records.

Students who are or have been in attendance at a postsecondary institution are covered under FERPA.
Applicants who are denied admission or who never attend are not covered under FERPA [Note: some information that applicants submit in an application (like test scores, grades, social security numbers, etc.) should remain protected from disclosure].

When the student is "in attendance" as defined by the institution.
If the institution does not define "in attendance," the law stipulates FERPA rights begin the first day the student begins attending class.

All records that directly relate to a student and are maintained by an institution.
These records can be in any media form: handwritten, print, type, film, electronic, etc.
Conversations with the student and personal observations of student behavior are not "private."

Personal Notes - kept by a faculty/staff member if kept in the sole possession of the one who made the record.
Department of Public Safety 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.
Student Medical Records - created by a health care professional and disclosed only to other healthcare professional for the medical/health treatment of the student.
Alumni Records - containing information about a student no longer in attendance.

It is information that can be released without the student's written consent, unless the student opts out of disclosure.
Each institution, to some extent, can determine what information is classified as directory information.

Name*
Local Address & Permanent Address
Local Phone Number* & Permanent Phone Number
UA E-mail Address
Full-/Part-time Enrollment Status
Class/Level (Rank)
UA School/College(s)
Major(s)/Degree Program(s)
Degree(s) Earned and Date(s)
Academic Awards and Honors
Prior Postsecondary Institution(s) Attended
Dates of Attendance
Participation in officially recognized activities and sports (or in intercollegiate athletic teams)
Weight and height of members of intercollegiate athletic teams

Students have a right to know where education records are kept.
Students have a right to inspect their education records.
Students have the right to seek to have records amended if necessary.
Students have the right to file a complaint with The U.S. Dept. 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 and third parties.

UA Employees who have a legitimate educational interest.
Legitimate Education Interest: A school officials' need to review student education information to fulfill a responsibility as part of his or her job responsibilities.
Others who are performing a function on institutions behalf who have a legitimate educational interest.

Financial Aid Lenders.
Parties to a law suit when the UA has been issued a subpoena or court order.
Certain State & Federal Agencies.
Appropriate individuals in an emergency in order to protect the health & safety of the student or other persons.
Under the Solomon Amendment - military recruiters.

Parents' Ability to Access Student Information (not a "right")
Parents may obtain directory information.
Parents may obtain non-directory information (grades, GPA, etc.) if the child is a legal dependent [must complete a legal declaration IAW with Internal Revenue Code] and the institution exercises its discretion to do so.
Parents may obtain non-directory information by obtaining a signed consent from their child.
Existence of a signed consent does not constitute a "power of attorney" empowering parents to act on behalf of the student.

Access to Student information via Banner or other computer software does not authorize unrestricted use of that information.
Curiosity is not a valid reason to view student information.
Parenthood is not a valid reason to view student information on one's son or daughter.
Records should only be used in the context of official business.

When in doubt -don't give it out.
Requests for student academic information should be referred to the Office of the University Registrar.
Information about a student can be released with a signed consent from the student.
Information on a computer should be treated with the same confidentiality as a paper copy.
Do not leave confidential information displayed on an unattended computer.
Cover or put away papers that contain confidential information if you are going to step away from your desk.
Records containing SSNs/Student IDs/Names and/or grades should always be shredded, not just thrown in the garbage.

Use the SSN/Student ID/Student Names to post grades.
Leave graded tests [electronically or in print] for students to sort through.
Circulate electronically or in print, class list with the Student Name and SSN/Student ID.
Provide anyone with student schedules.
Provide anyone with lists of students enrolled in your classes.
Include confidential information (i.e., grades, #of credits) in a commendation letter without the written consent of the student [Note: If a student provides you a resume with the information, you may disclose whatever is in the resume.]

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