What is FERPA?

Family Educational Rights and Privacy Act

Family Educational Rights and Privacy Act of 1974

“A FEDERAL LAW DESIGNED TO PROTECT THE PRIVACY OF EDUCATION RECORDS, TO ESTABLISH THE RIGHT OF STUDENTS TO INSPECT AND REVIEW THEIR EDUCATION RECORDS, AND TO PROVIDE GUIDELINES FOR THE CORRECTION OF INACCURATE AND MISLEADING DATA THROUGH INFORMAL AND FORMAL HEARINGS.”

DEFINITIONS OF TERMS FOR ADMISSIONS AND RECORDS. Washington, D.C.: AACRAO, 1980, p. 28.

BACKGROUND INTRODUCED IN 1974 BY SENATOR JAMES

BUCKLEY OF NEW YORK

BEGAN AS A SECTION OF THE GENERAL EDUCATION PROVISIONS ACT CALLED THE PROTECTION OF THE RIGHTS AND PRIVACY OF STUDENTS AND PARENTS

ALSO REFERRED TO AS THE “BUCKLEY AMENDMENT”

WHO ENFORCES FERPA?

THE FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT IS ENFORCED BY THE

FAMILY POLICY COMPLIANCE OFFICE,

U.S. DEPARTMENT OF EDUCATION,

WASHINGTON, D.C.

TO WHOM DOES FERPA APPLY?

APPLIES TO ALL INSTITUTIONS THAT RECEIVE FEDERAL FUNDING

(K-12 and Higher Education)

WHAT ARE THE CONSEQUENCES FOR VIOLATING FERPA?

FEDERAL FUNDS TO THE INSTITUTION MAY BE CUT OFF

FEDERAL FUNDS INCLUDE FINANCIAL AID AND EDUCATION GRANTS

STUDENT’S PRIVACY RIGHTS ARE VIOLATED

WHAT DOES FERPA GUARANTEE STUDENTS?

RIGHT TO INSPECT AND REVIEW EDUCATION RECORDS

RIGHT TO SEEK TO AMEND EDUCATION RECORDS

RIGHT TO LIMIT DISCLOSURE OF EDUCATION RECORDS

WHAT IS A STUDENT*?

(*at an institution of higher education)

Currently enrolled or formerly enrolledRegardless of ageRegardless of parental dependency

Does not apply to deceased students or persons who have applied but not attended

EDUCATION RECORDS

WHAT AND WHERE ARE THEY?

WHAT IS AN EDUCATION RECORD?

AN EDUCATION RECORD CAN BE DEFINED AS:

ANY INFORMATION PROVIDED BY A STUDENT TO THE UNIVERSITY FOR USE IN THE EDUCATIONAL PROCESS

-OR-

ANY RECORD FROM WHICH A STUDENT CAN BE PERSONALLY IDENTIFIED

WHAT IS AN EDUCATION RECORD?

AN EDUCATION RECORD MAY BE: 

A DOCUMENT A COMPUTER PRINTOUTA CLASS LIST ON A DESKTOPA COMPUTER DISPLAY SCREENA HANDWRITTEN NOTE

WHAT IS NOT AN EDUCATION RECORD?

Sole possession records or private notes Law enforcement or campus security records Records relating to individuals who are employed

by the institution (unless employment is contingent upon student status)

Records relating to treatment by physician, psychiatrist, psychologist, etc.

DIRECTORY INFORMATION AT ECU

NAME

ADDRESS (including e-mail address)

TELEPHONE

DATE & PLACE OF BIRTH

MAJOR FIELD OF STUDY

ACTIVITIES & SPORTS

HEIGHT & WEIGHT OF ATHLETIC TEAM MEMBERS

DATES OF ATTENDANCE

DEGREES & AWARDS RECEIVED

MOST RECENT PREVIOUS EDUCATIONAL AGENCY OR INSTITUTION ATTENDED

ACCESS TO DIRECTORY INFORMATION

Directory information can be released by ECU without written consent of the student

Students may choose to not have their phone number published in directories

Students may choose to file a Non-Disclosure with the Office of the Registrar

REQUEST TO PREVENT DISCLOSURE

PREVENTS ALL DIRECTORY INFORMATION FROM BEING RELEASED WITHOUT PRIOR CONSENT

THIS INCLUDES (BUT IS NOT LIMITED TO) INFORMATION REQUESTED BY INSURANCE COMPANIES, POTENTIAL EMPLOYERS, ENROLLMENT VERIFICATIONS TO OTHER INSTITUTIONS, PARENTS

Disclosing Non-Directory Information

A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his/her professional responsibility.

Legitimate Educational Interest = The demonstrated need to know by those officials of an institution who act in the students’ educational interest, including faculty, administration, clerical and professional employees, and other persons who manage student record information.

PARENTAL ACCESS TO STUDENT RECORDS

AT THE COLLEGE/UNIVERSITY LEVEL, RIGHTS TRANSFER FROM PARENTS TO STUDENTS

REGARDLESS OF THE AGE OF THE STUDENT

How Parents Can Obtain Information

Parents can provide to the Office of the Registrar:

The specific written consent of the student: An online “Buckley Form” completed on OneStop by the student

Specific letter for the current request for information

A copy of their most recent tax return form stating their son/daughter is a dependent

QUESTIONS?

CONTACT OUR OFFICE

PHONE: (252) 328-6524 (252) 328-6747

EMAIL: REGIS@ecu.edu

OFFICE: WHICHARD BUILDING

WEBSITE: www.registrar.ecu.edu