Dear FERPA Professor
I actually have a bunch of questions, if you’ll indulge me!
1. Does the definition of educational record includes students’ written exams or final test evaluations? We currently allow students to review the final exams but they are not allowed to have copies.
2. If there has been written communication (emails and/or memo) between faculty examiners and the institutions formal academic review committee are these included as part of the student’s educational records?
3. Are records that are not maintained in the registrar’s office and students official file– such as advising offices, still part of the student’s educational record?
4. If a student has asked for a release of their “educational records” to a third party and has signed a non-directory information release form, MUST the institution supply a copy of these records (specifically those noted above)?
Kind regards,
Len Swipes
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Dear Len,
I’ll address your questions in order.
1. Yes, graded tests or written exams are education records if they are directly related to the student (name, ID, etc.). However, an institution is not required to give the student a copy of education records unless that is the only means by which it can provide the student access.
2. Yes, these would be education records if they are directly related to the student and maintained by the institution or a party acting for the institution.
3. Yes, FERPA does not speak to where or how an institution maintains student education records, only that the records must be protected from improper disclosure and the student must be given access to them.
4. No, institutions are only required to provide students access to their education records, not to any other party. Any such third party disclosure is permissible if the student has provided a signed consent or the disclosure meets the specific conditions for disclosure without consent found in 99.31 of the FERPA regulations.
I hope this is helpful in clarifying education records and general disclosure conditions permissible and required under FERPA.
The FERPA Professor