FERPA
What is FERPA?
The Family Education Rights and Privacy Act of 1974, commonly known as FERPA, is a federal law that protects the privacy of student education records. Students have specific, protected rights regarding the release of such records and FERPA requires that institutions adhere strictly to these guidelines. Therefore, it is important to have a working knowledge of FERPA guidelines before releasing educational records.
FERPA gives students the following rights regarding educational records:
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The right to access educational records kept by the school
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The right to demand educational records be disclosed only with student consent
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The right to amend educational records
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The right to file complaints against the school for disclosing educational records in violation of FERPA
Students have a right to know about the purpose, content, and location of information kept as a part of their educational records. They also have a right to expect that information in their educational records will be kept confidential unless they give permission to the school to disclose such information. Therefore, it is important to understand how educational records are defined under FERPA.
Educational Records
Educational records are records that contain personally identifiable information that is directly related to the student and are either maintained by the school or by a party or organization acting on behalf of the school. This information may also include records kept by the school in the form of student files, student system databases kept in storage devices such as servers, or recordings or broadcasts which may include student projects.
Such records may include:
Records Not Considered As Educational Records
The following items are not considered educational records under FERPA:
- employment records if employment is not contingent on student status
- records maintained by Public Safety
- records maintained by the Health Center
- alumni records
- faculty notes, data compilation, and administrative records kept exclusively by the maker of the records that are not accessible or revealed to anyone else
Types of Educational Records
There are two types of educational records as defined under FERPA, Directory Information and Non-directory Information. Each type of educational record is afforded different disclosure protections. Therefore, it is important to know the type of educational record that is being considered for disclosure.
Directory Information
Some information in a student's educational record is defined under FERPA as Directory Information. The school may disclose this type of information without the written consent of the student. However, the student can exercise the option to restrict the release of directory information by submitting a formal request to the school to prevent disclosure.
Loyola Marymount University considers the following information to be Directory Information:
- names
- addresses
- telephone numbers
- email addresses
- date and place of birth
- major fields of study
- current enrollment status
- participation in officially recognized activities
- dates of attendance
- degrees awarded
- University awards and academic honors
- most recent previous educational institutions attended
- weight and height of members of athletic teams
Non-directory Information
Non-directory Information is any educational record not considered to be Directory Information. Non-directory Information must not be released to anyone, including parents of the student, without the prior written consent of the student. Further, faculty and staff can access Non-directory Information only if they have a legitimate academic need to do so.
Loyola Marymount University considers the following to be Non-directory Information:
- gender
- race
- religious preference
- class location or time
- semester hours completed
- grades
- grade point average
- student probation or disqualification
- university ID number
- social security number
- tuition information
FERPA allows the release of Non-directory information for:
- school officials with legitimate educational interest
- school officials at an institution where the student seeks to enroll
- the purposes of financial aid for which the student has applied
- health or safety emergencies that require protection of the student or others
- a court order or subpoena, after reasonable effort has been made to notify the student
- the Secretary of the Department of Education
- the Office of the Comptroller General
- the Attorney General’s Office of the United States
- state and local education authorities as part of an audit or program review
- research firms working for the educational institution.
Blocking the Release of Directory Information
Should a student wish to block the release of directory information, the student must submit a Request to Prevent Disclosure of Directory Information form to the Office of the Registrar.
Blocking the release of academic records prevents Loyola Marymount University from disclosing all knowledge of the student. The University may not confirm or deny attendance, degree completion, or any other Directory Information.
Individuals with access to the student database will see a Confidential warning displayed on the student’s record, and will immediately know that no information may be released.
Releasing Non-directory Information
Should a student wish to release Non-directory Information, the student must complete a signed and dated Authorization for Release of Student Records. It must be submitted to the Office of the Registrar.
Quick Tips
- grades should never be posted in a public place
- A student name University ID or Social Security Number should never be linked in any public manner
- Never require students to write their name and ID number on a sheet which is circulated in the classroom
- Don't discuss the academic progress of a student with the parents of the student.
- Never provide anyone with a list of students enrolled in your class.
- Never provide anyone with student schedules or assist anyone other than university employees in finding a student on campus.
If you are ever unsure about what information to give out, do not give it out. Contact (or direct the inquiry to) the Office of the Registrar at (310) 338-2740. Students requesting access or amendment to education records should also be directed to the Office of the Registrar.
FERPA Acknowledgement and Request for Student Information System Access
Please complete this online form in order to acknowledge obligation under FERPA and to request access to the University Student Records System.
Links
FERPA Online Guide compiled by AACRAO (The American Association of Collegiate Registrars and Admissions Officers)
Condensed Version of the Institutional Policy for Compliance with the Family Educational Rights and Privacy Act of 1974, as amended
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