Updated: 01/08/2008
Home 
Legal Topics 
Student Privacy Law (FERPA)
Student Privacy Law (FERPA )
1. Overview
The Family Educational Rights and Privacy Act (FERPA), also known as the Buckley Amendment, is federal legislation that governs the privacy of student records. This law gives students two types of rights:
First, it requires the university to keep those records private. There are exceptions for emergencies, court orders, university officials who have a need to know, etc.
Second, it provides that students have the right to inspect records about themselves that are maintained by the university.
In addition, state law makes confidential the personally identifiable information from or about an applicant for admission to NC State (except that communications from elected officials about applicants remain public records). ( G.S. 132-1.1(f) )
2. Forms : consent and other
• Release of education records – general student consent form
• Temporary employees – agreement to keep FERPA records confidential
• Posting grades by student ID number – consent forms
• Record of disclosures – form for administrators/faculty
• Online courses - student consent forms and privacy checklist
Students may also complete a Web-based consent form -- contact Registration and Records for information.
3. Parent access to education records
At the university level, FERPA privacy rights vest solely in the student, even if still a minor. The law does not allow parents an automatic right to see the university's records about their children.
However, parents can access their children's education records (e.g., transcripts, disciplinary records, account balances, etc.) in the following ways:
• ask your son or daughter for a copy of his/her records
• have your son or daughter complete a consent form that authorizes release of his/her education records to the parents. (See general student consent form above, or use the US Department of Education form )
• FERPA allows parent access to education records where the parent supplies proof that the student is a dependent for tax purposes. Proof may be supplied by either (i) have the student verify dependency with the US Department of Education form , or (ii) parents may provide Registration and Records with a copy of their most recent federal income tax return, showing the student was claimed as a dependent for exemption purposes.
• In health or safety emergencies the university may release relevant student records to parents
• The university may notify parents of alcohol or drug violations by students under the age of 21
4. Sources on student privacy law
Students should receive an annual notice of Family Educational Rights and Privacy Act (FERPA) rights from the University. Included in that notice will be a list of directory information -- types of information about a student that may be released to the public. Also included will be directions on how a student can establish a "privacy block" so that his or her directory information cannot be released to the public.
FERPA is a federal statute codified at 20 USC 1232g – click here to view .
Pursuant to FERPA, the U.S. Department of Education has enacted legally binding regulations that set out in detail what are student's rights with respect to their education records. Click here to see the Department of Education's Family Educational Rights and Privacy Act (FERPA) regulations on student records .
Brochures issued by Secretary of Education:
Parents' Guide to the Family Educational Rights and Privacy Act: Rights Regarding Children's Education Records
Balacing Student Privacy and School Safety: A Guide to the Family Educational Rights and Privacy Act for Colleges and Universities
5. 2008 FERPA amendments
In December 2008 the U.S. Department of Education adopted revisions to its FERPA regulation. Many of the revisions simply clarify the existing policy. All university personnel should be familiar with the FERPA regulation, but especially Personnel, Registration and Records, Student Affairs, and University Planning & Analysis. The full text to the FERPA regulation may be found at the Department of Eduction Website.
The Department has posted a summary to the final FERPA regulation.
A few of the revisions or clarifications include:
- distance education students are covered by FERPA.
- SSN, and electronic identifiers that are used to authenticate a student (i.e., allow access to personal information) must be kept confidential and may not be disclosed as "directory information".
- Universities must implement safeguards that limit access to student records by "school officials" to only those situations where there is a legitimate university educational need.
- When someone asks for records (e.g., a student, or someone who has the student's consent), the university custodian of the record must authenticate the identity of the requester.
- Disclosure of the outcome of a disciplinary hearing for a sex offense (a Clery Act disclosure) must be made to the victim or alleged victim without any condition that prohibits redisclosure.
- Universities have broader discretion to make disclosures of student records in cases of health or safety emergencies.
- A student's "privacy block" on directory information continues after the student leaves the university, unless revoked by the student.
- A student's email address may be disclosed to other students in the same class even if there is a privacy block in place.
- The preamble to the December 2008 regulations contains recommendations on how to prevent and remedy improper disclosures of student records.
INTERPRETATIVE NOTES:
1. A student's thesis is an "education record," but may be disclosed without the signed and dated specific written consent of the student, provided that the student was advised in advance that the thesis could be made publicly available as part of the curriculum requirements.
2. If a student is a financial dependent, both parents have access to her/his records, even if they are divorced and only one of them claims the tax exemption.
3. Electronic class discussion: email and online presentation of papers usually become "education records once received by a university employee." However, communications and posting of written work for electronic discussion among students in a class does not require the signed and dated specific written consent of the students, provided that (a) electronic postings of student work do not contain grades or comments of the professor, (b) the students perform the posting rather than the professor, (c) students are notified prior to or at the time of enrollment that posting of their work is a course requirement, and (d) the posted work is available only to members of the class.
QUESTIONS:
Please address questions about student privacy law to the NC State Office of Legal Affairs.
Students who want to inspect their education records should contact the university officials who keep the records. For transcripts and enrollment information, contact Registration and Records .