In 1974, Congress enacted the Family Educational Rights and Privacy Act (FERPA) to guarantee students access to their educational records and to prohibit dissemination of educational records without the student's consent.

Also known as the Buckley Amendment, FERPA is a Federal law that protects the privacy of student education/academic records.

The FERPA statute is found at 20 U.S.C. § 1232g and the FERPA regulations are found at 34 CFR Part 99.  The law applies to all schools receiving federal funds from the US Department of Education.

Education records are all records that directly relate to a student and are maintained by an institution. These records may be in any format: electronic, handwritten, printed, typed, film, microfiche, etc. FERPA does not extend to information gained by personal observation or, in some circumstances, information learned from others. Examples of education records include grades, enrollment records, class schedules, printed class lists, test papers, and employment records for student jobs.

FERPA permits disclosure of education record information without the student's consent to school officials who have a legitimate educational interest in the information. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill their professional responsibility.

The demonstrated "need to know" by those officials of an institution who act in the students' educational interest, including faculty, administration, clerical and professional employees, and other persons who manage student record information including student employees and agents.

Ask yourself:  "Do you need that information to do your job?  Would your colleagues agree?"

Faculty members are considered school officials as defined by FERPA. Faculty members are given access to class and grade rosters as well as to current advisee information. Beyond this, faculty members must demonstrate a legitimate educational interest in order to receive additional student-record access.  Any person with access to student records, regardless of title or status, should consider educational need to know before accessing a record.  Just because you CAN, doesn't mean you SHOULD.

All educational records directly related to a student and maintained by the institution should be handled securely.  Registration forms, grades and transcripts, student information displayed on a computer screen, student schedules, class assignments, class rosters, and any electronic or paper document with the student's ID or grades on it are all education records and should be handled with FERPA in mind. 

Directory information, information for which the student has given written release, information needed by a school official with a legitimate educational interest, final disciplinary results of a crime of violence committed by a student, parental notification of an alcohol/drug violation committed by a student under 21 years of age, disclosures to victims of crimes of violence or non-forcible sex offenses, disclosures to other schools which the student seeks or intends to enroll or where the student is already enrolled as long as the disclosure is for purposes related to the student's enrollment or transfer, and emergency situations where there is an imminent risk to health and safety.

A parent can obtain access to a student’s personally identifiable information when: the student has authorized (via written consent) their parent to accompany them to a meeting with a college official(s); the student has submitted an Academic Record Consent Form through MyUI; the student provides express written consent for third party release of education records; a health or emergency situation exists that threatens the safety of the student or others; a student under the age of 21 is in violation of any laws governing the use of alcohol; the student is deceased, upon which FERPA rights cease.

Students’ rights do not cease after enrollment ends or the student graduates. Former students have the same rights as currently attending students.  Under common law regarding privacy rights, the privacy interests of an individual expire with death.  Alumni records are not covered by FERPA.

Faculty members are considered school officials as defined by FERPA. Faculty members are given access to class and grade rosters as well as to current advisee information. Beyond this, faculty members must demonstrate a legitimate educational interest in order to receive additional student-record access.  Any person with access to student records, regardless of title or status, should consider educational need to know before accessing a record.  Just because you CAN, doesn't mean you SHOULD.

Do not include any non-directory information in a recommendation or reference letter unless you are specifically authorized to do so by the requesting student. The student must request the release of this information in writing.