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Q:
Are there any laws or University policies regarding
student records?
A:
Yes. The federal Family Educational Rights and Privacy
Act ("FERPA" or the "Buckley Amendment")
establishes rules and regulations regarding access to
and disclosure of student records. Also, the University
maintains a student
records policy.
Q:
What is a student record under FERPA?
A:
FERPA defines "student record" to include
all records maintained by the institution that directly
relate to a current or former student. FERPA's broad
definition of student record includes almost any medium
you can think of including written, electronic, video,
audio, and photos.
There
are a few exceptions which are not considered student
records for FERPA purposes which include:
| • |
An
administrator's or faculty member's own notes that
are used only by that individual and are not shared
with anyone else; |
| • |
records
that relate to the student as an employee; |
| • |
medical,
psychiatric or psychological records not shared
with the institution; |
| • |
records
containing only information about a student after
graduation, such as development or alumni records;
|
| • |
records
maintained by the institution's law enforcement
unit that were created by that unit for the purpose
of law enforcement. |
Q:
Under what circumstances may I disclose the contents
of a student's records without the student's consent?
A:
Generally, a college or university who receives federal
funding cannot disclose student records to anyone other
than the student (including the student's parents),
without the student's written permission. However, FERPA
does establish several exceptions that allow the institution
to disclose student records without the student's prior
written consent. Some of those exceptions are:
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To
other school officials with a legitimate educational
interest. |
| • |
To
officials of other schools in which the student
seeks to enroll. |
| • |
In
connection with a student's application for, or
receipt of financial aid. |
| • |
If
disclosure is necessary to protect the health or
safety of the student or other persons. |
| • |
In
response to a lawfully issued subpoena. (Note: If
you receive a subpoena requesting student records,
you should notify the VPGC and the Registrar's Office
immediately.) |
| • |
Directory
information as defined by the Student
Rights and Student Records policy. You should
always contact VPGC before releasing student records
to a third party, even if you think one of these
exceptions applies. |
Q:
Can a Student obtain a copy of his or her own student
records?
A:
FERPA gives students the right to inspect and obtain
a copy of their own educational records. The student
may be charged a fee covering the cost of copying, but
not the search or retrieval of the records. http://www.umich.edu/~regoff/rights.html
Q:
Does a Student's right to inspect and obtain a copy
of his or her student records include letters of recommendation?
A:
If a student voluntarily waives his or her right to
inspection in a manner that is not coercive, the student
can be denied the right to inspect letters of recommendation
about the student.
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