Welcome to the FERPA section of our webpage. This front page will reflect our most current information on federal student records law affecting educational institutions.
Changes in Institutional Practices: This document was prepared for the NACUA Annual Conference June 2008 and contains suggested changes schools can make in FERPA policy/practice both prior to and after the final FERPA regulations are adopted.
Data Security Addendum: This is a sample data security addendum that can be used with outside vendors who will have access to education records.
ACE Comments on Proposed FERPA regs (dated May 8th, 2008)
Chart on Proposed Regulations: George Washington University Office of General Counsel
This chart summarizes current regulations, key changes to the regulations, and the reasons for the proposed changes. Provided courtesy of Office of General Counsel at GW.
Proposed FERPA Regulations: March 24, 2008
University of North Carolina Safety Task Force Report: November 2007 Report from the UNC Campus Safety Task Force. There is an excellent discussion of FERPA, HIPAA and local law in Appendix A to the Working Group Appendices titled Sharing Information Concerning University Students when there is a Perceived Risk of Danger to Self or Others, Summary of Applicable Law.
FPCO/Dept of Education: Guidance on FERPA and Health or Safety Emergencies : This web page includes brochures and other resources on release of education records in emergency situations. The brochure for postsecondary includes clarification of when disclosure may be made to parents.
Sept. 7, 2007 letter from Dept. of Education: Information for Financial Aid Professionals
Letter re FERPA, Open Records, and Student Lending Associations. Clarifies FERPA non-disclosure rules in light of attempts by student lending associations to obtain student information under Open Records law.
FERPA and Campus Safety: NACUANOTE August 2007 NACUA members Steve McDonald and Nancy Tribbensee have prepared an excellent Q&A on the topic of FERPA and Campus Safety to assist Student Life and other personnel on campus who seek clarity on the issue. See also the Inside Higher Ed article dated August 7th, 2007 and titled FERPA Allows More than You May Realize. This article is the on the same topic by the same authors.
Clarification by FPCO on Disclosure of Information from Education Records to Parents of Postsecondary Students: Posted Summer 2007: Guidance Clarifying that FERPA does allow release of information to parents of college students when the student is a dependent for tax purposes; in a health or safety emergency, in certain drug and alcohol incidents, and in addition, may disclose law enforcement records to anyone when the records kept by the campus security office are kept solely for law enforcement purposes. The guidance also notes as follows:
Nothing in FERPA prohibits a school official from sharing with parents information that is based on that official's personal knowledge or observation and that is not based on information contained in an education record. Therefore, FERPA would not prohibit a teacher or other school official from letting a parent know of their concern about their son or daughter that is based on their personal knowledge or observation.
FPCO Letters from 2002 through June 2007: This page indexes and contains links to technical assistance letters issued by the Family Policy Compliance Office. The letters were obtained by a Freedom of Information request made by the Office of General Counsel at the Catholic University of America.
Guidelines to Responding to Compulsory Legal Requests for Information: By Steven McDonald and Andrea Nixon
Includes information on responding to subpoenas, search warrants, court orders, National Security Letters, and Public Records Requests.
links updated 6/27/08 rab
