FERPA for Students
The Family Educational Rights and Privacy Act of 1974, as amended (also sometimes referred to as the Buckley Amendment), is a federal law regarding the privacy of student records and the obligations of the institution regarding the release of educational records and the access provided to these records. Generally the law provides that, with some exceptions, no information, applications, forms, letters, records, transcripts, etc. may be released, whether orally or in writing, without prior written consent, dated and signed by the student, specifying the records to be released, the reasons for release and to whom the records are to be released. The University's policy on the privacy of student records may be found at The Family Educational Rights and Privacy Act (Policy 2112) and a tutorial is available at FERPA Tutorial, but following are answers to some specific questions.
What are FERPA rights?
As a student you have four primary rights under FERPA:
(1) the right to have some control over the disclosure of information from the education
record (with certain exceptions provided by the law);
(2) the right to inspect and review the education records;
(3) the right to challenge or seek to amend the education records under certain
circumstances;
(4) the
right to file a complaint with the Family Policy Compliance Office.
When do FERPA rights begin?
FERPA rights begin when the student registers. Students who
originally sought admission to one program of study at the
university and are denied, but subsequently are admitted and
enrolled in a different program of study have FERPA rights only in
their admitted/enrolled program of study. Applicants who were denied admission to
the University or who do not attend the University do not have
rights under FERPA.
What are education records?
Under FERPA, education records are defined as records that are directly related to a student and are maintained by an education agency or institution or by a party acting for the agency or institution. Education records can exist in any medium, including: typed, computer generated, videotape, audiotape, film, microfilm, microfiche and email, among others.
What is Directory Information?
Directory information is information contained in the educational record that would not generally be considered harmful or an invasion of privacy if disclosed. Directory Information may be disclosed without prior written consent and includes:
Student's name, addresses (including e-mail) and telephone numbers,
Date and place of birth,
Degree sought and time,
Major/minor fields of study,
College of major and year (freshman, sophomore, etc.),
Enrollment status (full-time/part-time) including credit hours,
Dates of attendance,
Degrees, awards and honors conferred,
Participation in officially recognized activities and sports,
Weight and height of members of athletic teams,
The most recent previous educational agency or institution attended by the student,
Fraternity and/or sorority and educational societies.
Can a student restrict the
release of directory information?
According to FERPA, while still enrolled a student can request that
the institution not release any directory information about
him/her. At JMU students who wish to restrict the release of
directory information about themselves must complete a "Request to
Withhold Directory Information" form, available at the Office of
the Registrar, Student Record Services, 504A Warren Hall, or
Registration Services counter at 300 Warren Hall. The completed form must be submitted in person
to the registrar's office and must be accompanied by a photo I.D.
The restriction will remain in effect until the student withdraws
the request.
Students who wish to restrict the release of directory information should realize that this action could have negative consequences. The names of students who have restricted their directory information will not appear in the commencement bulletin and other university publications. Also, employers, credit card companies, loan agencies, scholarship committees and the like will be denied directory information and will be told "we have no information available about this person's attendance at JMU."
Can parents access their
student's record?
Parents have no inherent rights to access or inspect their son or
daughter's education records at the postsecondary level. This right
is limited solely to the student. At JMU, records may be released
to parents only (1) if the student has signed a written release
giving the parent(s) access to a specific record or (2) in
compliance with a subpoena.
This includes mid-semester and final grades which are available on
e-campus but are not mailed to the student's home. Students may request that a copy of the grades
be mailed to parents by completing a Grade Release Request form at
the Office of the Registrar, Student Record Services (300 Warren
Hall) or Student Record Services (504A Warren Hall). Each release is valid only for the grade
reporting period for which it is requested.
What about crisis situations or
emergencies?
If non-directory information is needed to resolve a crisis or
emergency situation, an education institution may release that
information if the institution determines that the information is
"necessary to protect the health or safety of the student or other
individuals." Factors considered in making this assessment are: the
severity of the threat to the health or safety of those involved;
the need for the information; the time required to deal with the
emergency; and the ability of the parties to whom the information
is to be given to deal with the emergency.
Who should I contact for more
information?
General questions may be directed to the Office of the Registrar or
to the office responsible for the record in question. Comments or suggestions should be addressed to
the Office of the Registrar, registrar@jmu.edu, or by calling
540-568-6281.
What other resources are available?
Office of the Registrar
James Madison University, Policy and Procedures Manual, Policy 2112
http://www.jmu.edu/JMUpolicy/2112.shtml
Family Policy Compliance Office, Department of Education
http://www.ed.gov/policy/gen/guid/fpco/index.html
http://www.ed.gov/policy/gen/reg/ferpa/index.html