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Guide to Student Privacy Rights for Students, Parents, and Faculty & Staff
- What is FERPA?
- What are education records?
- What should students know about FERPA?
- What should parents know about FERPA?
- What should faculty & staff know about FERPA?
TCNJ's Policy for: Release of Transcripts and Disclosure of Educational Records
What is FERPA?
FERPA stands for Family Educational Rights and Privacy Act (sometimes called the Buckley Amendment). Passed by Congress in 1974, the Act grants four specific rights to the adult student:
- the right to see the education records that the institution is keeping on the student
- the right to seek amendment to those records and in certain cases append a statement to the record
- the right to consent to disclosure of his/her records
- the right to file a complaint with the FERPA Office in Washington
When a student turns 18 years old, or enters a postsecondary institution at any age, the rights under FERPA transfer from the parents to the student ("eligible student").
What are education records?
Just about any information provided by a student to the university for use in the educational process is considered a student educational record:
- personal information
- enrollment records
- grades
- schedules
The storage media in which you find this information does not matter. A student educational record may be:
- a document in the registrar's office
- computer printout in your office
- class list on your desktop
- computer display screen
- notes you have taken during an advisement session
What should students know about FERPA?
- Student educational records are considered confidential and may not be released without the written consent of the student.
- Grades and personally identifiable financial information cannot be released to parents, guardians or other interested parities without the specific permission of the student.
- Some information is considered public (sometimes called "Directory Information"). This info can be released without the student's written permission. Directory Information is: student's name, e-mail address, telephone listing, date and place of birth, classification (Freshman, Sophomore, Junior, Senior, Graduate), major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, photograph, degrees and awards received, and the most recent educational agency or institution previously attended by the student.
- The student may opt to consider this "Directory Information" confidential as well. Students who do not wish their information released outside TCNJ or published in the campus directory must give written notice to the Office of Records and Registration annually by the day before the beginning of the Fall Semester. Authorization to Withhold Directory Information Form
What should parents know about FERPA?
- When a student turns 18 years old, or enters a postsecondary institution at any age, the rights under FERPA transfer from the parents to the student ("eligible student").
- Education records cannot be released to third parties (including parents) without signed and dated written consent from the student.
- There is a detailed list of exceptions at part 99.3 of the FERPA regulations ("education records" defined) and at 99.31. Perhaps the most important exception allows-but does not require-disclosure [of information in student education records] to the parents of a dependent student, as defined in section 152 of the Internal Revenue Code of 1986" (part 99.31 (a) (8)).
- As a parent or legal guardian, you normally can have access to your child's college records. The best way to do so is with the student's consent. Nonetheless, as indicated above, if you claim your child as a dependent for federal tax purposes and can provide documentation that your child is a dependent, the College will give you access to his/her education records, as specified in FERPA (see part 99.31 (a) (8)) and in the Student Access to Educational Records.
- The Student Access to Educational Records states that prior consent to disclosure of information from student education records will not be required when notice is made to "[a] ppropriate parties in connection with an emergency, where knowledge of the information is necessary to protect the health or safety of the student or other individuals." We routinely consider parents as "appropriate parties" to notify in such emergencies. For example, if a student living in the residence halls was transported to the hospital in a life-threatening situation, every reasonable effort would be made to notify parents as soon as possible.
- Student disciplinary records are protected under FERPA. The best practice is for your son or daughter to inform you about any disciplinary charges directly. Students can also authorize release of all their information in their disciplinary files. Information from the file can then be discussed with a parent or legal guardian upon request.
What should faculty & staff know about FERPA?
- As a faculty or staff member you have a responsibility to protect educational records in your possession.
- You have access to information only for legitimate use in completion of your responsibilities as a college employee. Need to know is the basic principle.
- Do NOT at any time use the entire Social Security Number, or TCNJ Student Identification Number, of a student in a public posting of grades
- Never link the name of a student with that student's social security number or TCNJ Student Identification Number in any public manner
- Never leave graded tests in a stack for students to pick up by sorting through the papers of all students
- Never circulate a printed class list with student name and social security number, TCNJ Student Identification Number, or grades as an attendance roster.
- Never discuss the progress of any student with anyone other than the student (including parents) without the consent of the student.
- Never provide anyone with lists of students enrolled in your classes for any commercial purpose.
- Never provide anyone with student schedules or assist anyone other than college employees in finding a student on campus.
- If you are ever in doubt, do not release any information until you contact the Office of the Records & Registration.
