Ask the FERPA Professor

Dear FERPA Professor,

We have a few questions from our registrar’s office:

1. We have begun receiving new student records scanned from the admissions office. We implemented electronic files for students within the last three years. We have been keeping the physical files as well. How long do you have to keep the physical file before disposing of it? Can we do this immediately after receiving the electronic record? For that matter do the requirements, if any, differ if the file is kept electronically instead?

2. How long do we have to house unclaimed diplomas before we can dispose of them? We wanted to create a policy that after a certain amount of time of not being claimed, we will destroy the diploma and they will have to re-order them for a fee.

Thanks for your guidance,

Saul Tannaswat

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Dear Saul,

Under FERPA the response to both of your questions is actually the same. FERPA does not require that an institution maintain ANY education records unless there is an outstanding request by the student to inspect and review those records. This applies to both digital and physical files.

Thus, under FERPA, the institution is not required to maintain either the paper or scanned copies of the records you mention. If the records were destroyed prior to a student’s request to view, the institution no longer has a FERPA responsibility to produce the records.

I hope this is helpful in answering your questions.

The FERPA Professor

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