Dear FERPA Professor,
I have a couple of questions we need clarification on that have to do with our relationship with high schools.
We have a scholarship program where high school students who are graduating can apply to have their tuition waived for up to two years. Are we violating FERPA if we provide a list of the students who applied to their high schools? We have a school asking for this information. It will be a mix of students who may or may not already be enrolled taking dual-credit classes at our school.
Related to the dual-credit classes, if the high school asks for the college grades for current high school students in this program, is it a FERPA violation to share this information with the high school? I suggested they go to their high school teacher for that information. We do not have students complete a release of info, nor do we have a MOU agreement for the high school at this time.
Thanks in advance for your input.
Rusty Till
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Dear Rusty,
Concerning your questions, you should be able to share information in both situations.
The applicants from the high school would not meet the FERPA definition of a "student" because you have not admitted them. As such, any applicant materials you are maintaining on them would not be "education records" as defined by FERPA. See the definitions in §99.3 of the FERPA regulations. You can find these on pages 154 and 155 of the 2012 AACRAO FERPA Guide.
Sharing of education records on a student who is enrolled in or receives services at the high school as well is permitted under FERPA. See §99.34(b) of the FERPA regulations found on page 165 of the Guide.
I hope this is helpful in answering your questions.
The FERPA Professor
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