Dear FERPA Professor,
We have a situation at our institution where a student who failed a course, lost a grade appeal, and then a procedural appeal, now wants to review his exams from the course that was failed. The student thought he had a right to this due to the “open records act” but the attorney at our institution stated that he most likely meant FERPA, and is proceeding with his request.
We cannot think of any reason for him to review these exams other than to try to memorize questions so he can pass the exams when he retakes the course, as he had been given feedback after each exam and has lost his appeal options. However, the attorney has stated that the exams are part of his educational record and he has a right to review them. This has significant implications for future exam security and the academic freedom for faculty to design courses where an exam is used as an evaluation method as opposed to a teaching tool. Quality questions take significant time to develop and if this ruling stands, it has implications for all faculty at the institution.
Is this a common practice at other institutions and is the registrar the person who arranges for the student to see this “record,” i.e., prior exams? All exams and assignments are located in an on-line learning management system.
Thank you,
Horace Cope
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Dear Horace,
Your attorney is correct in this instance. If the institution has maintained the student's completed exam, then it is an education record of the student and, as such, the student must be provided the opportunity to "inspect and review" his record. If the student lives within commuting distance of the institution, you do not have to provide a copy, only the opportunity to see it. Also, you would not have to permit the student to take a picture of or otherwise copy the exam.
In addition, while it is too late to destroy the exam because the student has requested to see it, once your institution has fulfilled that obligation, FERPA does not otherwise require that an education record be maintained. Section 99.10 of the FERPA regulations contains the language concerning students’ rights to access their education records. You can find this language on page 157 of the 2012 AACRAO FERPA Guide.
I hope you find this helpful in responding to your inquiry.
Sincerely,
The FERPA Professor
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