FERPA Information
WHAT IS FERPA?
The Family Educational Rights and Privacy Act of 1974, also known as the Buckley Amendment, protects the privacy of student records. The Act allows for the right to inspect and review educational records, the right to seek to amend or correct those records, and to limit release of information from those records. All colleges, universities, and other educational institutions that receive any form of federal funding are bound to the provisions of FERPA.
WHO IS PROTECTED UNDER FERPA?
Students who are currently or formerly enrolled in higher education institutions are protected regardless of their age or income tax status. Students who have applied but have not attended the University do not have rights under FERPA.
WHAT ARE EDUCATIONAL RECORDS?
A student has rights of access to those records (with a few exceptions) which are directly related to him/her and which are kept by the University. "Educational Records" generally include any records in the possession of the University that contain information directly related to a student, with the exception of those mentioned below. The records may be handwritten or in the form of printed files, computer files, e-mail, film, or any other media.
WHAT IS NOT INCLUDED IN AN EDUCATIONAL RECORD?
- “Sole-possession records” or private notes held by educational personnel which are not accessible or released to other personnel
- Public Safety records which are solely for law enforcement purposes (However, should a Public Safety report result in a University judicial case, the record becomes protected under FERPA.)
- Records relating to an individual's employment by the University (unless employment is contingent on student status, like being a Resident Advisor, Student Manager, etc.)
- Records relating to treatment provided by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional and disclosed only to other individuals providing treatment
WHAT DOCUMENTS CAN BE REMOVED FROM AN EDUCATIONAL 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 recommendation letters
WHAT IS DIRECTORY INFORMATION?
The University may disclose "directory information" about a student without violating FERPA . This information may include 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 height of athletes, dates of attendance, degrees and awards received, and other similar information.
The University is annually required to inform students in attendance of what constitutes directory information. This notice must also provide procedures for students to prevent the University from releasing his/her directory information.
WHO WOULD GENERALLY BE GRANTED ACCESS WITHOUT THE STUDENT'S WRITTEN CONSENT?
- University officials who have a "legitimate educational interest" in working with the student
- The issuer of a judicial order or subpoena which may require the University to release records without the student's consent; however, a "reasonable effort" must be made to notify the student before complying with the order
WHEN DO YOU NEED CONSENT TO DISCLOSE PERSONALLY IDENTIFIABLE INFORMATION FROM AN EDUCATIONAL RECORD (INCLUDING TRANSCRIPTS)?
With specific exceptions (listed below), a consent signed and dated by the student must be provided by the student before any release is made.
The written consent must:
- Specify the records that may be disclosed
- State the purpose of disclosure
- Identify the party to whom the disclosure may be made
WHAT IS "PERSONALLY IDENTIFIABLE INFORMATION"?
- The student's name
- Name of the student's parent or other family member
- 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
WHEN IS THE STUDENT'S CONSENT NOT REQUIRED TO RELEASE INFORMATION?
The exceptions are:
- To University faculty, staff, and administrators with a legitimate educational interest
- 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 a judicial order or subpoena
- In health or safety emergencies
- As directory information
- To the student
- As result of a disciplinary hearing to an alleged victim of a crime of violence.
HOW CAN A PARENT OR GUARDIAN REQUEST ACCESS TO STUDENT RECORDS?
As stated above, the student to whom the records pertain controls access to most educational records. However, a parent can access information through various means:
- By maintaining open communication with the student. This is typically the simplest way for family members to keep abreast of a student’s progress.
- By requesting that the student sign a waiver authorizing parents or another designee full or partial access to academic records. Waivers are available at various campus offices depending on the nature of the information to which access is needed.
If anyone other than a student or University staff member with a legitimate educational interest contacts a University official, very little information can be disclosed without the student’s consent. However, a University official can discuss general policies, processes, and practices of the University that pertain to the situation or issue.
If a parent is concerned about the welfare of his/her child, no policy prevents sharing this concern with the University. Many offices on campus are charged specifically with maintaining the emotional, intellectual, physical, and spiritual well being of our student body. All calls from concerned family and friends are treated very seriously. LMU will work with those concerned to ensure that the student’s needs are being addressed.
For more information about FERPA, check out its official website.