Ask the FERPA Professor

September 20, 2016
  • AACRAO Connect
  • FERPA
Illustrated figure resembling Einstein standing next to a chalk board with the word "FERPA" written on it.

Dear FERPA Professor,

Our Academic Standards Committee records the hearings when a student is dismissed and appealing for readmission to the school. The recording is not made part of the student’s academic record, it is used for recall purposes by the committee.  We had a student ask for a copy of the recording.  Are we required to provide a copy of the recording to her?  The Committee believes it is a University record and we are not required to release the information, however, I’m a little unclear since is relates to the student’s academic record.

I appreciate any guidance you can provide.

Barry Patch

_________________________________________________________________________

Dear Barry,

An "education record" is defined as being "directly related to the student and maintained by the institution or a party acting for the institution" and a "record" is defined as "any information recorded in any way, including ... video and audio tape."  See "definitions" at §99.3 of the FERPA regulations.  These definitions would apply to the audio recording which is directly related to the student and thus, the student would have a right to "inspect and review" the requested record.  The University would not generally be required to give the student a copy of the recording, however, only make it available. See §99.10 of the FERPA regulations.

I hope this is helpful in responding to your inquiry.

The FERPA Professor

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