Dear FERPA Professors,
Our institution is reviewing what kind of direct access students could have to their student record following separation (graduation, withdrawal, etc.).
We are being asked to allow them to have continuous access to their student account through the Workday SIS we use for 180 days following separation. Our SIS is really a one-stop-shop for all things from their student record to financial aid requests and information, billing, and more, and so the intent is primarily so students can download their 1098-T tax documents easily.
My questions:
- Are there any FERPA implications to this that we should consider? Or are there best practices? We are inclined to lock down the student record and still have students complete the formal Academic Records Request form that we currently use for former students and otherwise have the student record available for view access only.
- Are there regulations or best practices about whether or not a student can change their FERPA hold status following separating from an institution? This has been the major question as well, because enrolled students manage their FERPA hold status through the SIS.
Regards,
SIS Pense
Dear SIS Pense,
I hope this is helpful in answering your questions.
Q1: Are there any FERPA implications to this that we should consider? Or are there best practices? We are inclined to lock down the student record and still have students complete the formal Academic Records Request form that we currently use for former students and otherwise have the student record available for view access only.
A1: FERPA requires that institutions provide "students," (anyone who is or has been in attendance and regarding whom the institution maintains education records), the opportunity to inspect and review any education records maintained on the student. See § 99.3"Student" in the FERPA regulations. Thus, the opportunity to inspect their records is the same for current and former students. How the institution provides such access is up to the institution. Having the education records available in a view only format, as you describe below, is fine since it provides the student access. Also, § 99.31(c) requires that institutions use reasonable methods to authenticate the identity of the student, and that items such as D.O.B. or SSN are not considered "reasonable" under the FERPA regulations for authenticating identity.
You can find the above cited FERPA regulations on pages 155 and 162 of the 2012 AACRAO FERPA Guide.
Q2: Are there regulations or best practices about whether or not a student can change their FERPA hold status following separating from an institution? This has been the major question as well, because enrolled students manage their FERPA hold status through the SIS.
A2: If an institution designates directory information items as permitted in § 99.37 of the FERPA regulations, the regulations require that students in attendance be given notice of those directory information items, and the opportunity to opt out of the disclosure of the student's directory information. Notice is not required for students no longer in attendance at the institution and the institution is not required to provide former students the opportunity to opt out of directory information disclosures. However, if a student had a hold in place when leaving the institution, then the institution must continue to honor that opt out. See § 99.37(b).
You can find the above cited regulations on page 166 of the 2012 AACRAO FERPA Guide.