Understanding FERPA rules and regulations (interns)

What is FERPA?

FERPA, or the Family Educational Rights and Privacy Act of 1974, is a federal law which dictates that a student’s educational records may not be disclosed, without the expressed consent of the owner of said record (the owner, being the student).

What are education records?

Under FERPA, education records are defined as records that are directly related to a student and are maintained by an educational agency or institution or by a party acting for the agency or institution.

A record means any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche.

What are not education records?

Sole possession records - records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record
Medical treatment records that are made and maintained by a health care provider acting in his or her official capacity; and made, maintained, or used only in connection with the provision of treatment to the student, and not available to anyone (including the student) other than persons providing such treatment
Records created and maintained by a law enforcement unit for the purpose of law enforcement
Employment records that are made and maintained in the normal course of business and relate exclusively to the in relation to the individual’s employment
Post-attendance records (information created or received after an individual is no longer a student in attendance) and does not relate to the individual’s attendance as a student.

What is directory (non-private) information?

Under FERPA, directory information may be disclosed, upon request, without prior consent of the student. Directory information is information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Tulane had designated the following as directory information:

Student name (Legal name and Preferred Name)
Permanent, Local, & Campus Addresses
Telephone Numbers
Email Address
Dates of Attendance
Classification
Major
Awards/Honors
Degrees Conferred
School
Enrollment status (e.g., freshman, sophomore, junior or senior; first year, second year, or third year)
Full/part time status
Past/Present participation in University sanctioned sports/activities
Physical factors (height, weight, etc. for athletes)
Hometown

Is Tulane required to release a student’s directory information?

No. The only required disclosure of education records is to the student. All other disclosures, including those with student consent and disclosures of directory information, are at the discretion of the institution.

What is considered non-directory (private) information?

Non-directory (private) information is information contained in a student’s education record that generally would be considered harmful or an invasion of privacy if disclosed. Such information may not be released without prior written consent from the student.

How can I authorize disclosure of non-directory (private) information?

Students can disclose non-directory (private) information by filling out a FERPA Release Form. The FERPA Release Form may be found at: http://registrar.tulane.edu/FERPA_Policy

Rights Afforded to Students under FERPA

The right to inspect and review the student’s education record within 45 days of the day Tulane University receives a request for access.
The right to request an amendment to the education record that the student believes is inaccurate, misleading or otherwise in violation of the student’s privacy rights under FERPA.
The right to provide written consent before Tulane University discloses personally identifiable information from the student’s education record, except to that extent that FERPA authorizes disclosure without consent
The right to file a complaint with the U.S. Department of Education concerning alleged failures by Tulane University to comply with the requirements of FERPA

When do FERPA rights begin?

A person becomes a student under FERPA when the person is “in attendance” at the institution. At Tulane, a student is “in attendance” when the student has deposited and registered for an academic term.

Withholding the Release of Information

According to FERPA, a student can request, while still enrolled, that the institution not release any directory information about the student. Institutions must comply with this request. At Tulane, students who wish to restrict the release of directory information about themselves can do so by updating the “Confidentiality Flag” under Records on Gibson. Please consider your decision to restrict directory information carefully, as ANY and ALL requests for directory information will be refused. When Tulane faculty, staff, and students attempt to send you an email via Tulane’s email network, your email address will not auto-populate in the address bar.

Are my admission application materials considered education records?

FERPA affords admitted students who matriculate at the university the right to access their education records. Persons who apply to the university and are not admitted are not covered by FERPA. Persons who are admitted to the university, but do not matriculate, are not covered by FERPA.

Parent’s Access to Students’ Records

At the postsecondary level, parents have no inherent rights to access or inspect their child’s education records. This right is limited solely to the student. At Tulane, records may be released to parents only if they have been given a written release by the student or in compliance with a subpoena. Health and Safety Emergencies Under FERPA, an institution may disclose personally identifiable information from an education record to appropriate parties, including parents of an eligible student, in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.

Health and Safety Emergencies

Under FERPA, an institution may disclose personally identifiable information from an education record to appropriate parties, including parents of an eligible student, in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.

How can a student review and inspect education records?

The right to inspect and review the student’s education records (with certain limited exceptions) within 45 days after the day Tulane receives a written request for review and access. A student should submit to the registrar, dean, head of the academic department, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. The school official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the school official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed. Records that are customarily open for student inspection will be accessible without written request. The FERPA Records Request Form may be found at: http://registrar.tulane.edu/FERPA_Policy .

Can students receive copies of their education records?

The right of access to education records in some cases includes the right to obtain copies, when physical distance would prevent the actual viewing of the record. The university will authorize copies to be made only in those cases where failure to provide copies would effectively prevent a dependent student’s parents, or the student, from exercising the right to inspect and review the education records. Any requests for copies of a student’s education record should be sent in writing to the Office of the General Counsel. Reasonable costs will be charged for copies and postage.

How can a student request an amendment to his/her education records?

Students may ask the University to amend a record that they believe is inaccurate, misleading or in violation of the student’s right of privacy. After a student has reviewed his or her education record, a request to amend the record must be made in writing to the University official responsible for the record. By law, the University is required to consider only requests to amend information that is inaccurately recorded. Requests for substantive changes such as a grade change, removal of materials such as received evaluations, or outcome in a judicial proceeding are not covered under the FERPA amendment proceeding.

A proper request to correct a student education record must:

Be written to the University official responsible for the record
Clearly identify the part of the record they want to be changed
Specify why the record is inaccurate, misleading or in violation of the student’s privacy rights. The student should write the University official responsible for the record, clearly identify the part of the record the student wants changed and specify why it should be changed. If the University decides not to amend the record as requested by the student, the University will notify the student of the decision and advise the student’s right to a hearing regarding the request for amendment.

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