Family Educational Rights and Privacy Act (FERPA)
FERPA gives students the right to control who sees their college records.
What is FERPA?
FERPA is The Family Educational Rights and Privacy Act of 1974, as amended in 1976, which sets forth requirements designed to protect the privacy of student education records.
Who is protected under FERPA?
Current or formerly enrolled students are protected under FERPA. Students who have applied but have not attended are not protected.
What are education records under FERPA?
Education records are:
- Directly related to the student, and
- Maintained by the College or a party acting for Prairie State College
- Education records can be any media: Print material, computerized data in the student records database, faxes, microfilm/microfiche, film/video, e-mail, or Web pages.
Education records are not:
- Sole possession records (faculty, staff or administrator notes written for their own personal use; not shared or made accessible to others)
- Law enforcement records
- Employment records, except for students who are employed as a result of their status as a student
- Medical records
- Alumni records
- Career planning and placement records
- Financial information submitted by students’ parents
- Confidential letters/recommendations
- Education records containing information about more than one student
Students have two types of records:
- Directory (commonly considered public & information)
- Non-Directory (individual education records)
What rights are given to students under FERPA?
- Right to inspect and review their education records
- Right to request to amend their education records
- Right to consent to disclosures of non-directory information, except to the extent that FERPA authorizes disclosures without consent
- Right to file a complaint with the US Department of Education concerning alleged failures by Prairie State College to comply with the requirements of FERPA
When can education records be disclosed?
The student must give written consent for the disclosure of non-directory information from education records. The consent must include (a) description of the education record to be released, and (b) the person to whom the records should be released. This request should be delivered to the Office of Enrollment Services, Room 1160.
To whom can non-directory information in education records be disclosed with a student’s consent?
- To the student
- To College employees who have a legitimate educational interest
- To agents acting on behalf of the College
- To anyone who is providing financial aid to the student (not the parent)
- To organizations conducting studies for or on behalf of educational institutions
- To accrediting organizations
- To comply with a judicial order or subpoena
- In a health or safety emergency
- To an alleged victim of a crime of violence of the results of a disciplinary hearing regarding the alleged perpetrator of the crime
- To anyone requesting the final results of a disciplinary hearing regarding a crime of violence on non-forcible sex offense
- To military recruiters who request “Student Recruiting Information”
- To federal, state, and local authorities involving an audit or evaluation of compliance with education programs
- To the Bureau of Citizenship & Immigration Services for the purposes of the Student and Exchange Visitor Information System
- To the Internal Revenue Service to comply with the Taxpayer Relief Act of 1997
What is Directory information?
Directory information is information contained in education records which would not generally be considered harmful or an invasion of privacy if disclosed. Directory information includes:
name, hometown, enrollment status, image, major field of study, dates of attendance, degrees and awards received, the most recent educational agency or institution attended by the student, participation in officially recognized activities and sports, height and weight of members of athletic teams.
How can students limit disclosure of directory information?
Currently enrolled students may withhold directory information by notifying the Office of Enrollment Services in writing within two weeks after the first day of classes for the semester.
However, doing so will make this important information unavailable to all, including prospective employers, honor societies and government and licensing agencies.
How can students access their records?
Students have the right to access their records by providing a signed, written request to the Director of Enrollment Services, Room 1163. Copies, with the exception of transcripts from other schools, may be obtained upon request. A fee may be assessed for copying the education records.
How can students request that their education records be released to a specific person (i.e., to a parent or spouse)?
Students should go to the Office of Enrollment Services, Room 1160, to sign a Release of Confidentiality.
How can students request that their records be amended?
Students have the right to request that their records be amended if they believe the content is inaccurate, misleading, or in violation of their privacy rights. Students should write the Director of Enrollment Services, clearly identify the part of the education record they want changed, and specify why it is inaccurate or misleading. If the College decides not to amend the record as requested, the student has a right to a formal hearing on the matter.
Note: The right to challenge a grade does not apply under FERPA unless the grade assigned was inaccurately recorded, under which condition the record will be corrected.
For more information on the privacy of student education records, contact the Director of Enrollment Services, Room 1163 or call (708) 709-3513.
Where can I get more information about FERPA?
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Ave., S.W.
Washington, DC 20202-4605
Web address: www.ed.gov/offices/OM/fpco/