Retired and Former AACRAO Members
Connect to the world of higher education
With AACRAO membership you'll be connected to more than 11,000 members from institutions around the world. Facilitate your professional development by attending discounted meetings, gaining complimentary subscriptions to our College & University journal and more.
Why should you join? Development never ends, retired or not. Keep current on trends in the field by collaborating with our members and lending your voice to discussions about practices in the field.
Apply for Membership
Annual Membership Price: $151
Good day, FERPA Professor,
I'm writing to ask about an inquiry from a former student’s attorney.
Our university put him in touch with our contracted lawyer (who is not an employee of the institution). There is not currently a lawsuit nor subpoena. Our lawyer asked for a copy of a statement the student submitted to our Title IV coordinator when he was a student. We denied the request for the statement unless the lawyer submitted a subpoena or a signed release from the student.
Just checking: Is there a loophole that would permit me to share that information with our contracted lawyer?
Thank you for your helpful advice.
Sincerely,
Ella Vayder
___________________________________________________________________________________
Dear Ella,
It is possible, depending on how the University defines "school official," to give your attorney access to the education records of a student in compliance with FERPA.
FERPA regulations permit institutions to designate their contractors, vendors, etc. as school officials so long as the conditions of 99.31(a)(1)(i)(B) are met. In particular, the contractor must be under the direct control of the institution to be designated as a school official.
If these conditions are met, then the institution could share student education records with the attorney as appropriate.
You can find the referenced language on page 159 of the 2012 AACRAO FERPA Guide.
I hope this is helpful in answering your question.
The FERPA Professor
Want the Professor to come to your campus? Visit our FERPA compliance training page.
AACRAO members, send your questions to the FERPA Professor at connect@aacrao.org.
Registrar 101 & FERPA Two-Day Workshop
Nov. 4-5, Dallas, TX -- Take a journey through the what and how of the registrar's office, and gain the knowledge and skills necessary to be successful now and in future supervisory roles
Our meetings, workshops, and international institutes are designed instruct, educate and foster collaboration between professionals and institutions. Connect with old friends and register for one today.
AACRAO's weekly e-newsletter delivering policy and industry news