FERPA questions can be awkward to ask; administrators may think they should already have the answer. But FERPA application can be a subtle and tricky process at times, and it's important to get it right.
Here are just a few examples of such “asking-for-a-friend” FERPA scenarios--and possible paths to solution.
1. Can I share a student’s information with [x]?
This question often comes from advisors, other staff members, or faculty. And the answer is usually “it depends,” said Christopher Huang, Registrar at Wheaton College.
“The initial process is to ask who, what, and why—who are you trying to share it with, what are you trying to share, and why are you trying to share it,” said Huang.
Though the question often regards students’ parents, Huang shared another variation on the theme: could a student ask for a spouse to be copied on emailed department reminders?
“I answered that it wasn’t a violation if we were sharing public information that wasn't personally-identifiable, but also the department isn’t obligated to remember to loop in the spouse. That is, they can share the information, but they don’t have to.”
Texas Ruegg, University Registrar at LeTourneau University, underscored this point:
“Start with this perspective: When answering FERPA questions, the only person we legally have to share information with is the student themselves,” he said. “Within FERPA there’s the freedom not to tell anyone anything--except for the student, and even the student’s right is the opportunity to review and amend the record, not an obligation to talk about the record on the phone. There are exemptions that allow others to view the record, but know that even if you have a waiver, you don’t have to share information if you aren’t comfortable. Talk to your FERPA officer before making a bad decision; I always tell staff to send it to me rather than making decisions you’re nervous about.”
2. What about dual credit students?
High schools and higher education institutions have different rules governing student records. High schools can share students’ academic information with parents. But once students are enrolled in a higher ed institution--regardless of their age, even if they’re still in high school--FERPA applies. The record belongs to the student. Parents, however, may expect access to information to which they are no longer legally entitled.
“Regardless of student age, once they are in higher education, they are the owner of their information,” said Dennis Hicks, Registrar, Indiana University East. “Students can elect to give parents third-party access to certain parts of their electronic record--class schedule, bill, account statement, financial aid, etc. They can pick and choose, giving as much or as little control as they like. It allows parents to be involved, but control rests with the student.”
However, having electronic access doesn’t entitle parents to complete access to the record.
“You need a signed form to talk with parents on all matters concerning the academic record,” Hicks said. “Electronic permission is treated separately.”
“Interestingly, once the student has courses sent back to the high school to apply to dual-credit courses, at that point the high school can share with parents,” Ruegg added, “because it’s become part of their high school record, which is governed by different rules.”
3. How does FERPA apply to distance education?
Online students are a significant and growing percentage of students, and they have the same FERPA rights as students on campus. One common question is whether students can participate anonymously in class.
“You can’t be anonymous in class,” Hicks said. “Sometimes, students want to take the class online but block their identities, so other students don’t know they’re enrolled. They can block their directory information from the public, but that doesn’t mean they can disappear from their class.”
Go-to FERPA resources
Consistent, compliant privacy practices across campus are extremely important.
To ensure best practice, FERPA officers should always have at least two resources at their fingertips: (1) AACRAO’s FERPA Guides and (2) a network of FERPA-officer colleagues with whom they can discuss challenging cases.
Also, attend conference sessions where you can ask any and all FERPA questions, like “Asking for a friend - The FERPA questions you want answered but are too afraid to ask,” presented by Hicks, Ruegg, and Huang at this year’s AACRAO Annual Meeting. Check out all the FERPA-related sessions, including an update from the Department of Education, here.
Find out more information about Compliance training at AACRAO 2020, and register now for extended early bird rates.