The Family Education Rights and Privacy Act of 1974, commonly known as FERPA, is a federal law that protects the privacy of student education records. You have specific, protected rights regarding the release of such records, and FERPA requires institutions adhere strictly to these guidelines.
Educational records
Regarding your educational records, FERPA gives you the right to:
- Access educational records kept by the school.
- Demand educational records be disclosed only with your consent.
- Amend educational records.
- File complaints against the school for disclosing educational records in violation of FERPA.
You have a right to know about the purpose, content and location of information kept as a part of your educational records. You also have a right to expect information in your educational records will be kept confidential unless they give permission to the school to disclose such information. Educational records are defined by FERPA as records that directly relate to a student and that are maintained by an educational agency or institution, or by a party acting for the agency or institution.
Educational records are directly related to the student and are either maintained by the school or by a party or organization acting on behalf of the school. Such records may include:
- Written documents (including student advising folders)
- Computer media
- Microfilm and microfiche
- Video or audio tapes or CDs
- Film
- Photographs
Any record that contains personally identifiable information that is directly related to the student is an educational record under FERPA. This information can also include records kept by the school in the form of student files, student system databases kept in storage devices such as servers, or recordings or broadcasts that may include student projects.
Records not considered educational records
The following items are not considered educational records under FERPA:
- Private notes of individual staff or faculty; (not kept in student advising folders)
- Campus police records
- Medical records
- Statistical data compilations that contain no mention of personally identifiable information about any specific student
Faculty notes, data compilation and administrative records kept exclusively by the maker of the records that aren't accessible or revealed to anyone else aren't considered educational records and, therefore, fall outside of the FERPA disclosure guidelines. However, these records may be protected under other state or federal laws such as the doctor/patient privilege.
Directory info
Some information in your educational record is defined as directory information under FERPA. Under a strict reading of FERPA, the school may disclose this type of information without the written consent of the student. However, you can exercise the option to restrict the release of directory information by submitting a formal request to the school to limit disclosures. Directory information may include:
- Student’s name
- Hometown high school attended
- Full-time, part-time enrollment
- Approval candidacy for graduation
- Major field of study
- Enrollment status
- Dates of attendance
- The most recent educational agency or institution attended
- Degrees, honors and awards received
- Height and weight of student-athletes
- Participation in officially recognized activities and sports
I understand Sandburg has the right to report similar information to its controlling agencies for non-public use. I also realize that this nondisclosure can be superseded by the legal system. Otherwise, any release of this type of information must have my signed and dated written permission.
Non-directory info
Non-directory information is any educational record not considered directory information. Non-directory information must not be released to anyone, including the parents of the student, without the prior written consent of the student. Further, faculty and staff can access non-directory information only if they have a legitimate academic need to do so. Non-directory information may include:
- Social Security numbers
- Student identification number
- Race, ethnicity and/or nationality
- Gender
- Transcripts; grade reports
Transcripts are non-directory information and, therefore, are protected educational records under FERPA. You have a right to privacy regarding transcripts held by the school where third parties seek transcript copies.
Prior written consent
You have the right to consent to disclosures of personally identifiable information contained in your education records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests.
A school official is a person employed by the college in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the college has contracted (such as including, but not limited to an attorney, auditor, collection agent, or computer software contractor or consultant, or other parties to whom the school has outsourced institutional services or functions); a volunteer; 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.
Sandburg doesn't need prior written consent to disclose non-directory information where the health and safety of the student are at issue when complying with a judicial order or subpoena, or where, as a result of a crime of violence, a disciplinary hearing was conducted by the school, a final decision was recorded, and the alleged victim seeks disclosure. For the college to be able to disseminate non-directory information in these instances, FERPA requires that institutions annually publish the policies and procedures that the institutions will follow in order to meet FERPA guidelines.
Any questions regarding FERPA, a request to view student records or withholding directory information should be directed to the Registrar. Upon request, the office has 30 days to comply with a request to view educational records upon the request of a student.
All requests to withhold any directory information should be made during the first two weeks of a given term (e.g., fall, spring, summer). The information will be held through the continuous attendance of the student and will only be discontinued by the written request of the student. FERPA has strict guidelines regarding disclosing the educational records of dependent students.
The guidelines for FERPA are issued by the federal government. Sandburg strictly adheres to the policies set by the federal and state governmental bodies.
The USA Patriot Act of 2001 allows senior federal justice officials to obtain a court order requiring an institution to turn over educational records in connection with a terrorism investigation or prosecution. The request must be based on specific facts, giving a reason to believe that the records are likely to contain relevant information. The information-gathering powers of the USA Patriot Act apply only to a crime of terrorism. Law enforcement officials seeking educational records in connection with any other crime still must obtain a subpoena.
Procedure to inspect educational records
You can inspect and review your education records upon request to the appropriate record custodian. You should submit to the record custodian a written request which identifies as precisely as possible the record or records you wish to inspect. The record custodian will make the needed arrangements for access as promptly as possible and will notify you of the time and place where the record(s) may be inspected. Access must be given in 45 days or less from the receipt of the request. When a record contains information about more than one student, the student may inspect and review only the records which relate to him or her.
Optional disclosure of private mental health info
You've the right to authorize the college, in writing, to disclose your private mental health information to a person of your choosing. For additional information, email Autumn Scott, call 309.341.5422, or learn more.
Please be advised that, consistent with the Family Educational Rights and Privacy Act, 20 U.S.C. Section 1232g and its regulations at 34 CFR Section 99.36, the college may disclose your private information to persons who need to know that information in the event of or to avert a health or safety emergency, even if those persons have not been designated by you on your student optional disclosure of private mental health information form.