FERPA
What is FERPA?
1. It stands for the Family Educational Rights and Privacy Act of 1974.
2. Also known as the Buckley Amendment.
3. Protects the privacy of a student’s educational records.
4. Applies to all educational agencies or institutions that receive funds under any program administered by the
Secretary of Education.
5. Enforced by the Family Policy Compliance Office (FPCO) of the U.S. Department of Education, Washington DC.
6. FERPA is applicable to both K-12 and higher education. The Family Compliance Office is responsible for both
levels of education.
7. The main difference in FERPA between these two levels is that the rights ascribed to the “student” at the higher
education level are given to the parents at the K-12 level. FERPA rights are granted to parents until their son/daughter
reaches the age of 18 or begins attending an institution of higher education regardless of age.
Why comply with FERPA?
- To protect the college records of students from unlawful disclosure.
- It's the law.
- Failure to comply could result in the withholding of Federal Funds, including Student Financial Aid.
- Lawsuits caused by violations cost time and $$$.
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Rights granted to Students by FERPA
- Right to expect that their education records are kept confidential.
- Right to inspect and review education records.
- Right to seek to amend education records.
- Right to have some control over the disclosure of any information, including directory information, from
education records.
- Right to file a complaint with the Family Policy Compliance Office (FPCO) of the U.S. Department of Education,
Washington DC, if they feel their rights are being violated.
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When do FERPA rights begin and end for a student?
- Rights begin when the student is “in attendance” as defined by the institution.
- For INDIANA STATE UNIVERSITY, this means when a person has matriculated (been admitted, enrolled in classes,
and begun attending classes for the first time).
- FERPA rights continue after the student leaves the institution and are only terminated upon death of the student.
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Who is and is not covered under FERPA?
- 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.
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What are Education Records?
- All records that directly relate to a student and are maintained by an institution or by a party acting for
the institution.
- “Record” means any information maintained in any way, including, but not limited to: handwriting, Video or audio tape,
Computer media, Film, Print, Microfilm and microfiche.
- Records created as a result of being a student (work study, graduate assistant, etc.).
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What are not Education Records?
- Sole possession records.
- Law enforcement records.
- Employment Records.
- Medical Records.
- Alumni Records.
- Personal Notes – kept by a faculty/staff member, if kept in the sole possession of the one
who made the record.
- Sharing personal notes with another person or placing them in an area where they can be viewed
by others makes them “education records”.
- Law Enforcement Unit 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.
- Medical Records - created by a health care professional used only for the medical/health
treatment of the student.
- Alumni Records - created after student has left the institution.
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What is considered Personally Identifiable?
- Parent's name
- Address of the student or student’s family
- A personal identifier, such as social security number or student number
- A list of personal characteristics or other information that would make the student’s identity easily traceable
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What information might need to be handled in a secure way?
- Registration forms
- Transcripts
- Student information displayed on a computer screen
- Grades
- Student schedules
- Class assignments
- Class Rosters
- Any paper with the student’s SSN on it
- Billing statements
- Financial Aid Forms
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What is Directory Information?
- Information not generally considered harmful or an invasion of privacy if disclosed.
- FERPA provides guidelines for what may be considered directory information.
- Each institution may choose, based on FERPA guidelines, what information it considers directory information.
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What does Directory Information at INDIANA STATE UNIVERSITY include?
- Full name.
- Address and telephone listing (campus and permanent).
- Telephone listing.
- Email address.
- Dates of registered attendance(including current classification, year, matriculation and withdrawal dates).
- Major field of study, includes teacher licensure majors and minors.
- Degrees, awards and honors and dates received including honor roll designation.
- Participation in officially recognized activities and sports.
- Weight/height of members of the athletic teams.
- Most recent previous educational institution attended.
- Enrollment status (full-time/part-time).
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To whom/under what conditions may colleges disclose personally identifiable information?
- Indiana State University does release directory information only, provided the student has not
requested non-disclosure of directory information.
- To anyone per written consent of student.
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What may NOT be Directory Information?
- Social Security Number.
- Citizenship
- Gender.
- Religious Preference.
- Grades.
- Grade Point Average (GPA).
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Who may access Student Information without obtaining written consent?
- Indiana State University faculty, staff, and other designated officials, who, to carry out their
responsibilities, have a legitimate educational interest.
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Who are Designated School (College) Officials?
- Members of the Board of Trustees.
- Faculty and staff under contract or appointment to the College.
- College administrators.
- Temporary employees, for the period substituting for an administrative staff or faculty member.
- Faculty, staff, and students performing a special administrative task such as secretaries, clerks, attorneys,
auditors, disciplinary and judicial panel members, etc. for the period of their performance as an employee or
contractor.
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What is 'Legitimate educational interest'?
- Perform an administrative task outlined in person’s official job duties.
- Perform a supervisory or instructional task directly related to the student’s education.
- Perform a service or benefit for the student such as health care, job placement, financial aid, etc.
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Who else may access Student Information without obtaining prior written consent?
- Authorized representatives of the following governmental agencies, in connection with an audit or
evaluation of a program or for compliance with requirements of a program:
- U.S. Comptroller General
- U.S. Secretary of Education
- U.S. Attorney General
- State & Local Educational Authorities
- Agents acting on behalf of the institution (e.g., National Student Clearinghouse for
enrollment/degree verifications)
- Providers of student financial aid (this does not include payments made by parents)
- Organizations conducting studies for or on behalf of educational institutions
- Accrediting organizations (for accrediting purposes)
- Compliance with judicial order or subpoena
- Schools to which student seeks/intends to enroll
- Parents/legal guardians of students under age 21 when a student is found in violation of alcohol
or controlled substance policy of the institution (Foley Amendment)
- Anyone, if health or safety emergency exists and the information will assist in resolving the emergency
- Alleged victim of a crime of violence may obtain results of disciplinary hearing regarding the perpetrator
of that crime
- Anyone requesting final results of an institutional disciplinary hearing in which the accused has been determined
to be the alleged perpetrator of a crime of violence or of a non-forcible sex offense (Warner Amendment)
- Military recruiters who request “Student Recruiting Information” for recruiting purposes only (Solomon Amendment).
Refer such queries to the Registrar.
- Internal Revenue Service for purposes of compliance with the Taxpayer Relief Act of 1997
- Authorized representatives of the Department of Veterans Affairs for students receiving educational assistance
from the agency
- The student
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What are the Parents’ Rights under FERPA?
- Parents may obtain directory information.
- Parents may obtain non-directory information by obtaining a signed consent from their child.
- Indiana State University allows students to sign an authorization that allows the University to
discuss their undergraduate or graduate education records with the designee of their choice. A CODE
is assigned by the student and given to the designee. The designee MUST give the CODE whenever they
contact the University for information. Students select the records to be discussed (Academic, Financial or other)
The authorization is in effect until the student rescinds it in writing.
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What is the FERPA Authorization form?
- By completing a FERPA Authorization form, students can choose selected individuals with whom faculty and staff
may discuss their educational records.
- The link for the form is
http://www.indstate.edu/registrar/doc/FERPAAuthorizationForm.pdf
- Submission of this form may be in person with photo identification to the Office of Registration and Records,
or via the student’s ISU Email account.
- Students will provide their designated code to the individuals they want to be authorized to communicate with
faculty/staff regarding their educational records.
- Students have the right to rescind the authorization at any time with a written request and photo identification
either in person or via their ISU Email account.
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What is Web4Parent?
- Upon consent from the student, authorized parties are eligible to view information designated by the student
via the MyISU Portal.
- Parent and student must complete the following form
http://www.indstate.edu/registrar/pdf/web4parent_form.pdf.
- All information must be filled out on this form for an account to be established.
- Submit the completed form to the Office of Registration and Records for processing.
- A portal account will be created for the parent, this may take several weeks for processing due to volume. Once the
account has been created, an email will be sent to the student, notifying them to log into the Portal to begin the
authorization process.
- More information can be found at:
http://www.indstate.edu/registrar/web4parent quickcard.html.
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Web4Parent vs. FERPA Authorization
- There is a difference between the Web4Parent and the FERPA Authorization!
- Web4Parent actually provides the parent with an online portal to view the information their
student has provided them access to. The student can revoke any and/or all access to the information
viewable by the parent or the existence of the parent’s account. The password used by the parent for
the Web4Parent portal is only good for the portal. This password cannot be provided over the phone or
in person to release any information about the student.
- The FERPA Authorization allows the student to establish a 6-digit code (numbers, letters or both)
that they can provide to anyone they wish. Anyone who calls in or comes in to a University office and
provides this code may be given the information the student specified on their original FERPA
Authorization form. This code cannot be used to log onto the Web4Parent portal.
- Parents should consider requesting both access so they can have the maximum access their student will
allow.
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How do I put a Confidential Hold on my Record?
Under the Federal Family Educational Rights and Privacy Act of 1974, as amended December 31, 1974, universities
will allow students the opportunity of designating Directory Information as confidential records.
The Indiana State form is located here.
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