Family Educational Rights and Privacy Act

Family Educational Rights and Privacy Act (FERPA)

What is FERPA?

The Family Educational Rights and Privacy Act of 1974, also known as the Buckley Amendment, protects the privacy of Learner records. The Act provides for the right to inspect and review education records, the right to seek to amend those records, and to limit disclosure of information from the records. The Act applies to all institutions that are the recipients of federal funding. The regulations for FERPA can be found in 34 CFR Part 99.

Who is protected under FERPA?

Learners who are currently enrolled at the University or formerly enrolled are covered under FERPA. Learners who have applied but have not attended NCU do not have rights under FERPA.

What are Education Records?

With certain exceptions, a Learner has rights of access to those records which are directly related to him/her and which are maintained by NCU or a party authorized to keep records for the University. "Education Records" generally include any records in the possession of NCU which contain information directly related to a Learner, with the exception of those addressed below. FERPA contains no requirement that certain records be kept at all. This is a matter of institutional policy and/or state regulation. The records may be handwritten or in the form of print, computer, magnetic tape, e-mail, film or some other medium. FERPA coverage includes records, files, documents, and data directly related to Learners. This would include transcripts or other records obtained from a school in which a Learner was previously enrolled.

What in not included in an Education Record?

Records not covered under FERPA include

Sole-possession records or private notes held by educational personnel which are not accessible or released to other personnel.
Law enforcement or campus security records which are solely for law enforcement purposes.
Records relating to an individual's employment by NCU (unless employment is contingent on Learner status).
Records relating to treatment provided by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional and disclosed only to individuals providing treatment.
Records of NCU which contain only information about an individual obtained after that person is no longer a Learner at NCU (i.e., alumni records).

What documents can be removed from an Education Record before the Learner views the record?

Any information that pertains to another Learner and some confidential letters and statements of recommendation under conditions described in FERPA section 99.12 or University Policy 09-08-01 can be removed before the Learner views the record.

What is Directory Information?

NCU may disclose information about a Learner without violating FERPA through what is known as "directory information." This generally includes a Learner's name, address, telephone number, date and place of birth, major field of study, participation in officially recognized sports and activities, weight and height of athletes, dates of attendance, degrees and awards received and other similar information. NCU is required to annually notify Learners in attendance of what constitutes directory information. This notice must also provide procedures for Learners to restrict NCU from releasing his/her directory information.

Who would generally be permitted access without the Learner’s written consent?

Those generally permitted permission to Education Records include NCU officials who have "legitimate educational interests" and the issuer of a judicial order or subpoena which allows NCU to release records without the Learner's consent. However, a "reasonable effort" must generally be made to notify the Learner before complying with the order.

When do you need consent to disclose personally identifiable information from an Education Record (including transcripts)?

With specific exceptions (listed below), a signed and dated consent by the Learner must be provided by the Learner before any disclosure is made. The written consent must specify the records that may be disclosed, state the purpose of disclosure, and identify the party or class of parties to whom the disclosure may be made.

What is "Personally Identifiable Information"?

Personally Identifiable Information includes

The Learner's name.
Name of the Learner's parent or other family members.
Address of the Learner or Learner's family.
A personal identifier, such as a social security number or Learner number.
A list of personal characteristics that would make the Learner's identity easily traceable.

When is the Learner’s consent not required to disclose information?

The Learner’s consent to disclose information is not required for disclosures

To University faculty, staff, and administrators with a legitimate educational interest.
To Federal, State and local education authorities involving an audit or evaluation of compliance with education programs.
In connection with processing Financial Aid.
To organizations conducting studies for, or on behalf of, educational institutions.
To accrediting organizations.
To comply with judicial order or subpoena.
In the event of a health or safety emergency
Of directory information.
To the Learner.

How does increasing technology impact FERPA on our campuses?

The use of computerized record-keeping systems is increasing at a tremendous rate. Electronic data will eventually replace most paper documents. We try to ensure that appropriate policies are established to protect the confidentiality of those records, educate Faculty Mentors, administrators, staff, and Learners about the policies, and make sure the policies are enforced. The same principles of confidentiality must be applied to electronic data as apply to paper documents.

These general guidelines are not intended to be legal advice. This document provides only a summary of FERPA. For further information regarding FERPA or clarification regarding FERPA, refer to the act and regulations or contact NCU’s FERPA representative.

Northcentral University’s FERPA Compliance Officer is Cathy Righter, Registrar. Call 928-541-7777 or email crighter@ncu.edu.