Federal Privacy Guidelines

Family Educational Rights and Privacy Act



Overview
The Family Educational Rights and Privacy Act (FERPA) is a federal law designed to protect the privacy of education records; to establish the right of students to inspect and review their education records; and to provide guidelines for the correction of inaccurate and misleading data through informal and formal hearings. What this means is that, in general, no one may release information from the student record to a third party, including parents, without written permission from the student.

FERPA was established by the federal government in 1974 and applies to all institutions receiving federal funding. It applies to both K-12 and post-secondary institutions, but students have different rights in K-12 than when in college.

FERPA provides students with specific rights:

  1. Students have the right to inspect and review most of the information the University maintains on them.
  2. Students have a right to request corrections to records that they believe are inaccurate, misleading, or in violation of their privacy rights. The procedure for the correction of records can be obtained by contacting the Registrar.
  3. Students have the right to consent to disclosure of personally identifiable information. If you would like for your parents to have access to your billing information, use this form.
  4. Students have a right to know what an institution has designated as public/directory information and the right to limit the release. Use this form to suppress your personal information.
  5. Students have a right to know school officials may access their records and the criteria for determining that a student has a legitimate need to know the information.
  6. Students can file a complaint with the Family Policy Compliance Office in the U.S. Department of Education if they believe information has been disclosed without their consent or withheld from review. This complaint must be in writing, be within 180 days of the alleged offense and contain the specifics of the incident. The address for submitting complaints is: 

Family Policy Compliance Office
U.S. Department of Education
130 Coffey Hall
400 Maryland Ave. S.W.
Washington, D.C. 20202-5920

For parents: The same laws that give parents and students access to and control over a child’s educational records during elementary and high school transfer ownership of the records to the student at the college level.

According to FERPA (Family Educational Rights and Privacy Act, also known as the Buckley Amendment), college students are considered responsible adults and are allowed to determine who will receive information about them. Under this law, parents who want to receive a copy of their student’s academic or financial records can do so if their student signs a release form. FERPA, along with the State of Minnesota Data Privacy Act, forms the backdrop for the Regents Policy on Access to Student Records.

For faculty and staff: In general, the information the University collects and maintains about students is either directory or non-directory information. Directory information is defined as information that would not generally be considered harmful or an invasion of privacy if released.

St. Catherine University has designated the following items of information as directory information: student's name, address, telephone number, e-mail address, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, full- or part-time status, degrees and awards received, Latin honors received, most recent previous school attended and photograph.

Unless restricted by the written request of a student, the University may release directory information without the prior consent of a student. Directory information required for classroom participation may not be withheld from faculty and students connected with the particular course.

Information that is not directory information is non-directory information and, unless excepted by FERPA, requires the prior written consent of the student for release. Prior written consent is required for disclosures to all non-University entities, including parents. Information may be shared among education officials within the University when a legitimate educational interest exists for the disclosure of specific information. A legitimate educational interest exists when an education official demonstrates a need to know specific information to accomplish instructional, advisory, administrative, research, supervisorial, or other administrative responsibilities assigned by the University. Education officials may include employees, faculty, staff, designated representatives of the University, and contracted agents and agencies of the University.

Faculty can avoid most violations of student privacy by strictly adhering to the following points:
  1. Students should never be given a copy of a class list, grade sheet, or any document that contains references to other students, even when that document is provided in a sealed envelope.
  2. Grades and other documents should never be posted or made publicly available in a manner that identifies individual students.
  3. Student papers, exams or business-related documents should not be left unsupervised or in common areas for distribution or pick-up.
  4. Parents or guardians who request information about their students should be referred to the Dean of Student Affairs or the Registrar.
  5. Do not even release directory information about a student if the following message is displayed in Self-Service Banner when you access the student’s record: Confidential Information for (name of student).

Definition of education records
According to FERPA, education records are records (in handwriting, print, tapes, film, computer, or other media) that are maintained by St. Catherine University, or an agent of the University, and that are directly related to a student. Students have the right to inspect and review such records. However, FERPA makes the following exceptions to its definition of education records.
  1. Personal records that are the kept in the sole possession of the maker and are not accessible or disclosed to any other person, except a temporary substitute for the maker of the record
  2. Records created and maintained for law enforcement purposes
  3. Employment records, unless employment is contingent on student status
  4. Records created and maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional, if the records are used only for the treatment of a student and made available only to those persons providing the treatment
  5. Alumni records, which are created and maintained about a student after he or she is no longer in attendance at the University and which are not related to the individual’s attendance as a student

Visit the official FERPA website »