Dear FERPA PROFESSORS,
I have an important question regarding FERPA. It was brought up in a meeting at a previous conference that institutions are required
to have written authorization from the student to allow the college to talk about their educational record –
if they bring someone
with them (such as a parent) to an on-campus appointment (such as meeting with an Academic Advisor).
For example, if John Smith brings their mother along with them to an Academic Advising appointment during their sophomore year of
college, John Smith must sign a release listing their mother in order for the Academic Advisor to have a conversation
with the student
with their mother in the room.
The majority of post-secondary schools do not do this, so I was wondering if this is truly a requirement, and if so, are there any best
practices for implementing this regulation without causing additional steps for students and staff?
Thank you for your time.
Ms. Binde
Dear Ms. January,
§ 99.30 of the FERPA regulations requires that an eligible student provide a signed, dated, written consent prior to information from
the student’s education records being disclosed, unless the conditions of one of the exceptions to signed
consent found at § 99.31 are
met. In the example you provide, one of the exceptions, § 99.31(a)(8), could possibly apply. This exception permits the disclosure of
information from a student’s education record to the parent(s)
if the student is claimed on the parent’s Federal tax return. Absent
such documentation, then a signed consent from the student would be required prior to information from education records being
shared with any party (parents, spouse,
family member, etc.) other than the school official.
I hope this is helpful in answering your questions. You can find the above-cited regulations on pages 159 and 161 of the 2012
AACRAO FERPA Guide.
THE FERPA PROFESSORS
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