General Information Regarding the Family Educational Rights and Privacy Act

What is the Family Educational Rights and Privacy Act?
(Also known as FERPA or the Buckley Amendment)

The Family Educational Rights and Privacy Act is legislation that was enacted in 1974 (and significantly amended in 1992, 1994, and 1998) that protects students rights to have access to their education records and protects the rights to privacy of those records by limiting the transferability of records without the student's consent. Learn more: FERPA | FERPA Q&Q.

What Constitutes an "Educational Record?"

Education records are defined in FERPA as, "those 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."

Examples of student records that are entitled to FERPA protection include things such as grade books, grade reports, transcripts, and most disciplinary files. Also any other record that is created and maintained on campus - a files of progress made in tutoring for example is protected under FERPA.

"Sole possession" records are exempt from student rights to have access to, or review their records. A document is a sole possession record when it is kept in the sole possession of the maker of the record. Sole possession records may not be reviewed by the student, neither should they be shared with anyone or they no longer meet the criteria as a "sole possession" record. An example of a sole possession records would be personal notes a faculty member keeps regarding a student's behavior in class. If the faculty member ultimately shows the information (e.g. with the Student Discipline Office), it would no longer be considered a sole possession record.

What Does "Protected Under FERPA Mean?"

Unless personally identifiable information about a student falls under an exception category in FERPA, it cannot be released to any third parties without signed and dated written consent from the student.

What Constitutes a "Third Party?"

Anyone, other than the student constitutes a "third party" including -

• Parents or other relatives
• Spouse
• Institute employees (unless a legitimate education need to know exists)
• Outside agencies including social agencies, law enforcement agencies (except with subpoena), state/federal agencies, all other agencies - unless identified as an official exemption.

Top of page