FERPA Tutorial and Quiz
All ACCESS staff who require access to student records are required annually to complete a tutorial and quiz on FERPA and Student Rights. New staff access to student records will be subject to the completion of the tutorial and quiz.
What is FERPA?
The Family Educational Rights and Privacy Act of 1974, as amended, sets forth requirements regarding the privacy of student records and affords students certain rights with respect to their education records.
Students' Rights
- The right to inspect and review their education records within 45 days of the date the University receives a request for access
- The right to request the amendment of the student’s education records that the student believes are inaccurate or misleading
- The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by Southern Illinois University Edwardsville to comply with the requirements of FERPA
What are Education Records?
- Records that are directly related to a student, which include any information in any medium, including but not limited to, handwriting, print, tapes, film, e-mail, microfilm, and microfiche
- Records that are maintained by an agency or institution or by a party acting for the agency or institution
Examples of an Education Record
- Admissions information for students who are accepted and enrolled
- Biographical information including date and place of birth, gender, nationality, race, ethnicity, and identification photographs
- Grades, test scores, evaluations, courses taken, academic specialization and activities, and official communications regarding a student’s status
- Coursework including papers and exams, class schedules, as well as written e-mail or recorded communications that are part of the academic process
- Disciplinary records
- Student account and financial aid records
- Internship program records
Education Records are Not
- Sole possession records such as memory aids, reference tools, and personal notes that are not shared with others or made accessible to others, including but not limited to, the student and other SIUE officials
- Southern Illinois University Edwardsville law enforcement records made exclusively for law enforcement purposes
- Medical treatment and counseling records
- Employment records, unless the student’s employment is predicated upon his or her status as a student
- Alumni records which do not relate to or contain information about the person as a student
Maintaining Confidentiality
All disability-related information including documentation, accommodation letters, correspondence, and consultations are considered confidential and will be managed in accordance with The Family Educational Rights and Privacy Act (FERPA) regulations. Please read this carefully, as there are instances that may necessitate student documentation being released without consent. This includes electronic, paper, verbal, and any other types of communication.
In addition to fulfilling legal obligations, maintaining a high standard of confidentiality also serves to maintain an environment in which students with disabilities feel respected, safe, supported, and protected.
Breaches of confidentiality are taken very seriously by ACCESS and SIUE. Unauthorized disclosures of student information must be documented and can result in the University being in non-compliance with federal regulations. Additionally, such disclosures may violate state privacy laws and may subject the university and the individual to liability.
SIUE's Directory Information
The University may make any personal directory information concerning students accessible unless such release violates state and/or federal regulations. For example, in accordance with the Southern Illinois University Management Act, the University will not release a student's personal identifying information to a business or financial institution that issues credit or debit cards, unless the student is 21 years of age or older.
Directory Information includes:
- Student Name
- Student address and telephone number (local & permanent)
- Student email address
- Major field of study
- Classification
- Dates of attendance
- Full or part-time status
- Attempted hours
- Degrees and awards received
- Most recent educational agency or institution attended prior to enrollment at SIUE
- Participation in officially recognized activities or sports
- Weight or height of member
Students may object to the release of their directory information by submitting a Directory Information Release form. This form can also be found in the Service Center. SIUE publishes a web directory located at siue.edu/search/index. The information in the directory is refreshed once in fall and once in spring. To ensure exclusion from this online publication, the Directory Information Release form must be on file by the end of the first week of the semester during which the objection is to go into effect. Once filed, requests to withhold directory information will remain in effect until the student submits a written cancellation of the request.
The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5901
Note: The University's complete Policy on Release of Student Information and Access to Student Records may be found at siue.edu/policies/3g2.
Disclosure Without Prior Consent
FERPA law also defines a number of other circumstances besides the release of directory information in which an education record can be released to certain parties without written permission from the student.
Examples of these exceptions include:
- School officials who act in the student’s educational interest on a legitimate, need-to-know basis. A school official is a person employed by the University in an administrative, supervisory, academic or research, or support staff position; a person or company with whom the University has contracted; a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.
- Officials of other institutions in which the student seeks or intends to enroll provided that the student had previously requested a release of his or her record
- Authorized representatives of the U.S. Department of Education, U.S. Department of Defense, U.S. Attorney General, INS, the Comptroller General of the United States, state education authorities, organizations conducting studies for or on behalf of the University, and accrediting organizations
- In connection with the student’s application for, and receipt of, financial aid
- To comply with judicial order or lawfully issued subpoena
- To parents of dependent students as defined by the Internal Revenue Code, Section 152
- To appropriate parties in a health or safety emergency
- To the alleged victim of any crime of violence of the results of any disciplinary proceedings conducted by the University
- The University may disclose the result of a disciplinary proceeding to a parent or guardian so long as the student is under the age of 21 at the time of the incident and the proceeding has resulted in a violation of University drug or alcohol policies, or any federal, state, or local law.
- To students currently registered in a particular class section, the names and email addresses of others on the roster may be disclosed in order to participate in class discussion
Legitimate Educational Interest
A faculty member, staff member, or school official has a legitimate educational interest in accessing or reviewing a student’s educational records without the student’s written consent if he or she needs to review an educational record in order to fulfill his or her professional responsibility.
Parental Access to Student Records
- Parents may obtain directory information unless the student has placed an affirmative restriction on its release.
- Parents may obtain non-directory information by obtaining a signed consent from their child. Records of student permission are maintained in the Office of the University Registrar.
- Parents may obtain non-directory information if the child is a legal dependent for tax purposes and files a FERPA Release form with the registrar's office.
To Avoid FERPA Violations
- When uncertain, do not release information about an education record. Instead, refer the inquiry to the University Registrar’s office.
- Shred records containing social security numbers, grades, medical documentation, correspondence, consultations or any other personally identifiable information once they've been successfully loaded into Accommodate.
- Practice prudence. Safely store confidential information, and do not leave confidential information displayed on an unattended computer.
- Post students’ grades on Blackboard only.
- Do not circulate a printed class roll with the student name and Student ID.
- Do not provide anyone with student schedules.
- Do not include confidential information in a recommendation letter without the written consent of the student.
Take the FERPA Quiz