The Family Educational Rights and Privacy Act of 1974, also know as the Buckley Amendment, helps protect the privacy of student records. The Act provides for the right to inspect and review educational records, to seek to amend those records, and to limit disclosure or information from the records. The Act applies to all institutions that are the recipients of federal funding under any program administered by the Secretary of Education.

2 Who is protected under FERPA?

When a student reaches the age of 18 or begins attending a postsecondary institution, regardless of age or dependency status, FERPA rights transfer from the parent to the student. FERPA applies to all students who are currently enrolled, or were formerly enrolled, and does not apply to deceased students or persons who have applied but have not attended.

3 What are educational records?

With certain exceptions, an educational record is:

any record from which a student can be personally identified, and

maintained by Fort Lewis College or an authorized party

Educational records include any records in the possession of an employee that are shared with or accessible to another individual. The records may be handwritten, print, magnetic tape, film, diskette, or some other medium. A student has the right to access these records. FERPA does not require that certain records be kept. This is a matter of institutional policy and/or state regulations.

4 What is not included in an educational record?

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 individuals who are employed by the institution (unless employment is contingent upon school attendance)

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 an institution that contain only information about an individual obtained after that person is no longer a student at that institution (i.e., alumni records).

5 What is directory information?

Institutions may disclose information on a student without violating FERPA if it has designated the information as “directory information.” At Fort Lewis College, this includes (as defined by the Student Handbook):

student’s name, mailing addresses, telephone numbers, and Fort Lewis College e-mail address

date and place of birth

major and minor fields of study

dates of attendance

degree information including degree and date conferred, honors and awards information (including scholarships and academic awards)

class and enrollment status

participation in recognized college activities and sports

most recent school attended

Students must be notified annually of what constitutes directory information. Students may, if they desire, request that directory information not be released. Such a request must be submitted in writing to the Records Office by the last day to add classes (Census Date).

6 Who may have access to student information?

the student and any outside party who has the student’s signed written consent

school officials who have a “legitimate educational interest”

parents of a dependent student as defined by the Internal Revenue Code. Parents of students termed “dependent’ for income tax purposes may have access to the students’ educational records. A copy of the parents’ most recent Federal Income Tax form, indicating that the parents declared the student as a dependent, must be submitted to the Records Office to document dependency.

a person in response to a lawfully issued subpoena or court order. A reasonable attempt to notify the student must be made prior to complying with the subpoena or order.

7 What is a school official?

persons employed by Fort Lewis College in an administrative, supervisory, academic, research, or support staff position

persons appointed to the Board of Trustees

persons employed by or under contract with Fort Lewis College to perform a special task, such as an attorney or auditor

8 What is “legitimate educational interest?

A school official has a legitimate educational interest if the official is performing or providing a:

task that is specified in his or her position description or by a contract agreement

task related to a student’s education

task related to the discipline of a student

service or benefit relating to the student or student’s family, such as advising, job placement, financial aid, or housing assistance

What is NOT "legitimate educational interest"? Legitimate educational interest does not convey inherent rights to any and all student information. The law discriminates between educational interest, and personal or private interest; determinations are made on a case-by-case basis. Educational interest does not constitute authority to disclose information to a third party without the student's written permission.

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

The exceptions:

school officials with a legitimate educational interest

officials of another school in which the student seeks to enroll

certain federal, state, and local authorities in connection with an audit or evaluation of state or federally supported educational programs

anyone providing financial aid to the student

agents acting on behalf of Fort Lewis College (clearinghouses, degree/enrollment verifiers)

organizations conducting studies on behalf of Fort Lewis College

accrediting organizations

parents of a dependent

parents/legal guardians when their children under age 21 have violated the alcohol or drug policies of Fort Lewis College

compliance with a judicial order or subpoena

appropriate parties in a health or safety emergency

the student

results of disciplinary hearings to an alleged victim of a crime of violence or non-forcible sex offense

the Immigration and Naturalization Service for purposes of the Student Exchange Visitor Information System

military recruiters who request “Student Recruiting Information.” Student recruiting information is defined as name, address, telephone listing, age, level of education, and major.

the Internal Revenue Service in compliance with the Taxpayer Relief Act the Department of Veterans Affairs

The USA Patriot Act