Recently in FERPA Category

Question: When do students' rights begin under FERPA?

Answer: Student rights, as they relate to his or her University record, begin as soon as a record is created. This means that all students attending orientation are protected under FERPA, even though they have not yet officially registered.

During orientation, some colleges may use peer advisers or other student staff to assist students with questions or registration. Student employees have responsibilities related to FERPA just as any full-time employee at the University does. Staff with access to student record information should only access what they need to fulfill their job duties. Student staff have the same duty to keep record information about other students private.

Do you have a new staff member, or are you looking for a FERPA refresher? Check out the new FERPA tutorial. (Click on the ULearn link to sign in and then enter "FERPA" in the search box.)

If you have questions about FERPA, or if you have a topic you would like to see featured in a future FERPA Q&A, contact Dan Delaney or Tina Falkner.

Question: Can private student data be released to accreditation organizations without prior student consent?

Answer: FERPA specifically allows for non-directory information (which includes transcripts) to be shared with members of an accreditation team for the purposes of accreditation.

Question: What rights do parents have at the post-secondary level?

A) They have the same rights as their child.
B) They can only see their child's education record after receiving permission from the dean of the college.
C) They can review their student's grades with the written permission of the student.
D) They have a right to see grades because they pay the bill.

Answer: C. Parents can only review their child's grades with written permission from the student. A dean cannot grant permission, nor can parents see the student's grades just because they are paying for tuition.

Question: Can you release information about students over the phone?

Answer: The method of release is irrelevant to FERPA; it's the nature of the data that matters. If a student has not suppressed his or her public information, then it can be released over the phone (or in person, or on paper). If the student has suppressed his or her public information, then the information cannot be released.

Here's an easy trick: if you can find information about a student using the search box on the University home page, then the information can be shared.

Question: What are the basic rights of a student under FERPA?

Answer: Under FERPA, students have the following rights to:
• Inspect and review their educational record (all parts, except parent financial data and letters of recommendation for which they have waived the right to see);
• Request an amendment to the record that they believe is inaccurate, misleading, or a
violation of his or her privacy rights, and to request a hearing if request to amend is not granted;
• Consent to disclosure of personally identifiable information (with several exceptions);
• Know what the University has designated as public/directory information, and the right to request suppression of their public/directory information;
• Know that school officials may access their records and the criteria used in determining the legitimate need to know the information;
• File a complaint with the Family Policy Compliance Office in the U.S. Department of Education

All enrolled students are informed of these rights yearly via an email sent to their University assigned email address.

Question: When is a student's directory information published online?

Answer: A student's non-suppressed directory information, which could include name, phone number, address, email address, is published in the online directory when he or she first registers for classes. To prevent directory information from appearing online, a student must suppress the information before registering.

A student can suppress or unsuppress his or her directory information at any time by using the Personal Information quick link one the One Stop website.

Question: Are international students treated any differently than domestic students under FERPA?

Answer: International students who come to study at the University of Minnesota are covered by FERPA just as domestic students. That means, in general, third parties can't receive non-public or suppressed-public information without written permission or a stated need to know in order to perform assigned job duties. It's important to know, however, that in order to study in the U.S., international students must have an approved I-20 (F-1) or DS-2019 (J-1) visa. The F-1 and J-1 immigration regulations contain a consent provision that allows information to be shared with Department of Homeland Security (DHS) or Immigration and Customs Enforcement (ICE) personnel. The language in the consent is quite broad and therefore allows the institution to share public or non-public student information with individuals from DHS or ICE in order for these individuals to determine the student's non-immigrant status. If you get requests from DHS about grades for international students, please contact International Student and Scholar Services.

If you have questions about FERPA, contact Tina Falkner or Dan Delaney.

Question: Can information displayed in online discussion groups be suppressed?

Answer: If students are part of a course that has an online discussion component or uses Google Groups, members can see each other's x.500 information. Some faculty and staff have asked whether displaying this for students who have chosen to suppress this information is a violation of FERPA. It isn't. The 2009 FERPA regulations state that students do not have a right to remain anonymous is the classroom, including online sections of courses or equivalent course components for in-person classes. Students in the class, and the faculty member, must not share information about other students in the class outside the class environment.

Question: Are PSEO students treated any differently than traditional students under FERPA?

Answer: Students participating in the Post-Secondary Enrollment Option (PSEO) program (in which they are enrolled in both high school and college) are afforded the same FERPA rights as a traditional college student. This means these students "own" the information included in their education records, and parents and guardians do not have a right to either suppressed public information or non-directory information.

Faculty often report that the parent of a PSEO student contacts them and requests information about his or her child's performance, attendance, or homework. Just like other college students, PSEO students need to provide permission to the faculty member to discuss non-directory information with others.

If you have questions about FERPA, contact Tina Falkner or Dan Delaney.