Dear FERPA Professor,
I manage non-credit programs such a conferences, workshops, and non-credit certificates. I keep participant records locally in my department using simple spreadsheets and databases, outside of the centralized main campus database system. My student employees, who have signed confidentiality agreements, have access to these non-credit participant records. The sticky part is that occasionally a non-credit student matriculates as a graduate student. While my student employees do not have access to any records related to these matriculated students’ graduate studies, they can access basic information I keep in my department that pertains to their time as a non-credit program participant. Is that acceptable?
Thank you so much for your opinion on this.
Slightly Worried
__________________________________________________________
Dear Justifiably Worried,
Records created and maintained on students who participate in any of your institutions non-credit programs would be education records subject to FERPA. The fact that your student employees have access to these participant records, including the records of those participants who may on occasion become matriculated students, would not generally be a problem under FERPA. The exception in FERPA which would permit such access to student records by student workers is the "school official" exception found at §99.31(a)(1). Keep in mind that the institution is responsible for the protection of the education records and the fact that you provide training and have the confidentiality agreements signed is a very important part of protecting these records from any improper use and, as such, affords protection for the institution.
I hope you find this helpful.
The FERPA Professor
Please visit our Ask the FERPA Professor archives for more insight from the professor and check out other AACRAO FERPA resources.
Please send your questions for the FERPA Professor to connect@aacrao.org.