FERPA can be broken down into two parts; access and release., FERPA Access, An “educational agency or institution” must grant students who are or have been in attendance at the educational institution the right to inspect and review their education records. 20 U.S.C. §1232g (a)(1)(A). An “educational agency or institution” must grant students a hearing to challenge the content of education records, correct or delete inaccurate information, and insert a written…, Definitions, Educational agency or institution, - "any public or private agency or institution which is the recipient of funds under any applicable program.” 20 U.S.C. §1232g (a)(3). , Education record, (with exceptions) - "those records, files, documents, and other materials which contain information directly related to a student; and are maintained by an educational agency or institution or by a person acting for such agency or institution.” 20 U.S.C. §1232g (a)(4)(A). , Record, - "any information recorded in any way, including, but not limited to, handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche." 34 CFR §99.3. "Record" does not include information that is not "recorded," i.e. personal knowledge., Directly related, - contains "personally identifiable information" about that student., Personally Identifiable Information, - includes, but is not limited to— The student's name; The name of the student's parent or other family members; The address of the student or student's family; A personal identifier, such as the student's social security number, student number, or biometric record; Other indirect identifiers, such as the student's date of birth, place of birth, and mother's maiden name; Other information that,…, Exceptions to definition of “education record”, Treatment records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his professional or paraprofessional capacity. 20 U.S.C. §1232g (a)(4)(B)(iv). Records of non-student employees. The Department of Education has interpreted this exemption not to include “records relating to an individual in attendance at the agency or…, FERPA Release, FERPA releases are prohibited (sort of). General Rule - An “educational agency or institution” may not (with certain exceptions) release “education records (or personally identifiable information contained therein other than directory information)” without the consent of the student. 20 U.S.C. § 1232g (b)(1). Permitted/ Unconsented Releases – They’re Everywhere, Permitted Releases , Other school officials (within the University) with legitimate educational interests; Defined by the University: "University officials" = “any professional employee who is head of an office, department, school, college, division, or their specified designee.” also includes “any contractor, consultant, volunteer of other party to whom UMass Amherst has outsourced institutional services or…
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