Dear FERPA Professor,
We are having a discussion in our office about when a student is covered under FERPA. We have always considered them to be a student once they register for classes. Some in our area, however, say that the law has changed and they are now a student at the time when they apply to our college, based on the following citation:
Section 552.114 EXCEPTION: Confidentiality of Student Records.
(a) In this section, “student record” means:
1. Information that constitutes education records as that term is defined by the Family Educational Rights and Privacy Act of 1974 (20 U.S.C. Section 1232g(a)(4); or
2. Information in a record of an applicant for admission [emphasis added] to an educational institution, including a transfer applicant.
Thank you in advance for your guidance,
Regula Torey
________________________________________
Dear Regula,
There have not been any changes to FERPA concerning this issue. An institution can define when an applicant becomes a “student” so long as it has some basis for the decision, when they enroll for example, and the decision is applied consistently. See the definition of “student” in §99.3 of the FERPA regulations. There is also a letter that addresses this issue on page 247 in the 2012 AACRAO FERPA Guide.
As for the language regarding applicants for admission, if the applicant does not become a student by your institution’s definition then FERPA does not apply to those admissions records, if for some reason you decide to maintain them. If the applicant is admitted and becomes a student, and you maintain those admissions records, then FERPA would indeed apply. There may be state laws which require institutions to maintain certain records, so before you make any decisions you should familiarize yourself with those laws, should they exist in your state.
I hope this is helpful in answering your question,
The FERPA Professor
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