The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
FERPA affords students certain rights with respect to their education records. Specifically, it affords students the right to:
- Inspect and review their education records
- Request the amendment of inaccurate or misleading records
- Consent to disclosure of personally identifiable information contained in their education record
- File a complaint with the U.S. Department of Education concerning alleged failures of the institution to comply with this law
ABAC-Bainbridge strives to fully comply with this law by protecting the privacy of student records and judiciously evaluating requests for release of information from these records. FERPA authorizes the release of Directory or Public Information without the student’s prior written consent under certain conditions set forth in the act.
How does this affect parents?
A school may disclose information from an “eligible student’s” education records to the parents of the student, without the student’s consent, if the student is a dependent for tax purposes. Neither the age of the student nor the parent’s status as a custodial parent is relevant. If a student is claimed as a dependent by either parent for tax purposes, then either parent may have access under this provision. (34 CFR § 99.31(a)(8).) College employees must confirm this from the most recent tax transcript and cannot discuss a student’s education record with a parent or guardian over the phone or in person without signed consent from the student or tax transcript. Further, if the student has placed a restriction on the disclosure of Directory Information, College employees will not even be able to identify the student to an unauthorized parent or guardian in order to comply with the law. Please also see ‘What are the exceptions to Prior Consent?’
Can students control disclosure of Directory Information?
Yes, students are notified of their right to control the disclosure of Directory, or Public, Information on ABAC-Bainbridge’s website and through means of an annual email. Students who wish to have access to their Directory Information restricted must notify the Registrar’s Office in writing. Upon receipt of this notification, a restriction will be placed on the student’s record. A restriction means that a student’s name will not appear in the online campus directory and will not be included in any news releases (such as those on Dean’s list, graduation, etc.). Information will not be released to prospective employers, insurance companies, credit agencies, etc. If anyone requests information for a student or former student who has a restriction, ABAC-Bainbridge will respond to the requester with the following statement: “We do not have any information available on this individual.”
The restriction remains in place until the student submits a written and signed statement to the Registrar’s Office requesting to have the restriction removed. Restrictions will thus remain on a student’s record after he or she has graduated from ABAC-Bainbridge until such a request is received by the Registrar’s Office.
What is an Education Record?
- Any record, with certain exceptions, maintained by an educational agency or institution or a party acting for the agency or institution that is directly related to a student or students
- This record can contain a student’s name, or students’ names, or information from which an individual student or students can be personally (individually) identified
- Both current and previous mediums for maintaining records are included, such as the Internet, mainframe systems, print, disks, tapes, film, microfilm, microfiche, etc.
What is not an Education Record?
- Law enforcement records
- Grades on peer-graded papers before they are collected and recorded by an instructor
- Doctor-patient privilege records
- Alumni records
What is “Prior Consent for Release”?
Students must provide a signed and dated written consent before a school official may disclose education records, or Non-Directory Information. The consent must:
- Specify records that may be disclosed
- State purpose of disclosure
- Identify party or class of parties to whom disclosure may be made
Examples of items needing prior consent include:
- Grades and/or GPA
- Letters of recommendation which will contain information on grades and/or GPA (see below for further information)
What are the exceptions to Prior Consent?
- Directory Information
- To school officials with legitimate educational interests
- To federal, state, and local authorities conducting an audit, evaluation, or enforcement of education programs
- To organizations conducting studies on behalf of ABAC-Bainbridge
- To accrediting organizations
- To comply with a judicial order or subpoena
- In a health or safety emergency (see below)
- Disclosure to parent of a student under 21 if the institution determines that the student has committed a violation of its drug and/or alcohol rules or policies
- In connection with financial aid
- A dependent student for tax purposes
Health or Safety Emergencies
FERPA allows institutions to release, without consent, information in connection with an articulable and significant threat to the health or safety of a student or other individuals.
If a student needs to be located for emergency reasons, please contact the Registrar’s Office.
For other health and safety emergencies, please review information provided by ABAC-Bainbridge Public Safety.
How does FERPA apply to faculty and staff?
The law requires faculty and staff to treat students’ education records in a legally specified manner.
- Grades: Students’ grades should not be displayed publicly. Posting by name, SSN (all or partial), or BSCID (9000#) must not be used. If scores or grades are posted, use a code known only to the respective instructor and the individual student. In no instance should the list be posted in alphabetical sequence by name. Grades, transcripts, and degree audit reports should also not be placed in plain view in open, public mailboxes.
- Papers:Graded papers or tests should not be left unattended on a desk in a public area, nor should students sort through graded papers or tests in order to retrieve their own work.
- Class rosters/grade sheets:These reports should be handled in a confidential manner, and the information contained on them should not be redisclosed to third parties.
- Parents:Unauthorized Parents and significant others do not have a right to information contained in a student’s education record.
- Employers:Employers do not have a right to educational information pertaining to a student.
- Student Information System:Access to the Student Information System is not tantamount to authorization to view the data. Faculty are deemed to be “school officials” and can access relevant data in the system. ABAC-Bainbridge staff may obtain access if they have a legitimate educational “need to know” to fulfill their professional responsibilities. Neither curiosity nor personal interest qualifies as a legitimate educational need to know instance. If a faculty or staff member obtains access to student data, it does not mean that faculty or staff member can have access to all student data in the student information system.
- Letters of recommendation:Statements based on your personal observation or knowledge do not require signed consent from the student. However, you must have signed written consent to include information about a student’s grades, grade point average, or class rank.
- Please do not assume that it is OK with the student to include his or her grade or GPA even if you have received a verbal request from the student. It is vital that you have this permission in writing with the signature of the student.
- Class schedules:Do not provide anyone with a student’s schedule. As well, do not assist anyone other than an authorized college employee in finding a student on campus.
- If someone indicates it is necessary to contact a student due to a family emergency, refer them to the Registrar’s Office for assistance. The number is (229) 243-6924