The document discusses the Family Educational Rights and Privacy Act (FERPA), a federal law that protects the privacy of student education records. It provides an overview of FERPA and outlines students' privacy rights regarding their records. Key points include: - FERPA gives students rights to access, amend, and consent to disclosures of their records. - It applies to schools that receive federal funds and requires compliance to protect student privacy. - Schools must protect education records but can disclose some "directory information" unless the student requests otherwise. Violations can result in loss of funding or legal penalties.

1. FERPA & RECORDS
College of Visual Arts & Design
Foundations Program
http://ferpa.unt.edu

2. Student Privacy 101
https://studentprivacy.ed.gov/training/student-privacy-101

3. What is FERPA?
■ The Family Educational Rights and Privacy Act (FERPA) of 1974, also known as the Buckley
Amendment, is a FEDERAL LAW.
■ FERPA is designed to protect the privacy of educational records and guarantees students the
following:
– The right to inspect and review education records
– The right to seek to amend education records
– The right to consent to disclosures of personally identifiable information contained in the
student’s education records, except to the extent that FERPA authorizes disclosure
without consent
– The right to file a complaint with the Department of Education against any institution for
an alleged violation of their FERPA rights. The office that administers FERPA and
investigates violations is the Family Policy Compliance Office, located in Washington,
D.C.
■ When a student turns 18 years old, or enters a postsecondary institution at any age, the
rights under FERPA transfer from the parents to the student (“eligible student”).

4. Who is required to comply with FERPA
and why?
■ All educational institutions which receive federal funds are required to comply
■ It’s the Law (see the Code of Federal Regulations 34, Part 99)
– Failure to comply could result in the withholding of federal funds, including federal
financial aid

5. What are/are not Education Records?
■ An education record is any record which is maintained by the University or agency or
party acting for the University
■ Records
– Contain information directly related to the student and
– Are maintained by an agency or institution or party acting in its behalf.
■ Records may be in any form and include, but not limited to:
– handwriting, print, computer, videotape, audiotape, film, microfilm, microfiche or e-
mail

6. Who is and is not covered under FERPA?
When do rights begin and end?
■ Students who are or have been in attendance are covered under FERPA
– “in attendance” means a student is officially registered for a class and that class has
started.
■ Applicants who are denied admission or who never attend are not covered under FERPA
■ FERPA rights continue after the student leaves the institution and are only terminated
upon written request or death.

7. What information can be released?
■ Can does not mean required.
■ Directory designated information
■ Information that the student has provided written consent to release
■ Information requested by University officials who have a “legitimate
educational interest”
■ Information requested by certain government agencies

8. UNT Public Directory Information
■ Name.
■ Address.
■ University assigned e-mail address.
■ University assigned Enterprise-wide User
Identification Number (EUID).
■ Month, day, and place of birth. Major
field of study.
■ Participation in officially recognized
activities and sports.
■ Weight and height of members of athletic
teams.
■ Dates of attendance.
■ Enrollment status (e.g., undergraduate or
graduate; full time or part-time).
■ Classification.
■ Degrees, awards and honors receive
(including selection criteria).
■ Expected graduation date.
■ Dissertation and thesis titles.
■ Most recent previous school attended.
■ Photograph.

9. How can a student request that their
information be withheld?
■ The student must request that information be withheld on or before the census date of
each session or semester by completing a Request to Prevent Disclosure of Directory
Information form to prevent release of directory information.
■ The withhold directory flag will be put on the academic record whenever the student
requests it during the semester.
■ The withhold directory flag remains in effect until the student requests in writing that it
be removed.
■ This form is available on this Web site or at the Registrar's Office.

10. What information cannot be released?
■ Non-Directory Designated Information. This is any type of information that is not
identified by the University as “directory” information.
– Social security number, student ID number, race, ethnicity, nationality, gender,
number of registered credits, etc.
■ Non-Directory designated information cannot be released without prior written consent
by the student, unless the request meets one exception, allowed under FERPA.
– For full list of exceptions visit : UNT FERPA Release w/o Consent

11. When to do if a parent contacts you?
■ Do not respond to their correspondence until:
– You check with your supervisor, the Office of Legal Affairs (940-565-2717), or the
Registrar's Office (940-565-4609)
■ When may a parent access a student's educational records?
– Law allows parental access if student is claimed as a dependent for Federal income
tax purposes.
– Access is granted to both the parent who claims the student as well as the parent
who is not claiming the student.
– Parent must complete Parental Request for Academic Information (available in the
Registrar's Office or academic department) each time information is requested.

12. What can happen if we fail to follow the law?
■ Lawsuit
■ Loss of Federal funding
■ Conviction of a misdemeanor under the Public Information Act
– Confinement in the county jail not to exceed 6 months
or
– Fine not to exceed $1,000
or
– Both
■ Dismissal

13. Helpful hints for Instructors
■ It is a violation of FERPA to post student grades by name, social security # or student ID.
FERPA permits the posting of grades only if the student is assigned a unique identifier
known only to the student and faculty member. Grades should be listed randomly, not in
alphabetical order.
■ Never circulate a class list with the student name linked to their SSN or Student ID#.
■ When using an online teaching tools, ensure that only “directory” designated
information is posted, and ensure that students have the opportunity to request a
restriction of such information.

14. How to avoid violations of FERPA
■ Prior to releasing “directory”
designated information on a student,
ensure that they do not have a FERPA
hold on their information.
■ Ensure that student information is
given to lead instructor at end of
semester.
■ Do not leave confidential information
displayed on an unattended
computer.
■ Cover or put away papers that contain
confidential information if you are
going to step away from your desk.
■ Do not discuss confidential student
information in a manner in which
others who do not have a legitimate
interest in knowing such information
can hear.
■ Do not share student educational
record information with other faculty
& staff unless a legitimate educational
interest exists.
■ Refer requests for student
information to the Office of the
Registrar.

15. What do we do with FERPA & Student
Records?
■ It is State Law to retain and secure all student records according to the set time frames for each
type of record.
– https://www.tsl.texas.gov/slrm/recordspubs/stbull04.html
■ All Records for Foundations courses are to be given to Lead Instructors at the end of the
semester.
■ Record of students in course and work completed. Includes computer and non-computer-
generated grade sheets, and other such materials that permit a reconstruction of a student's
graded performance in a course.
– Includes Grade sheets, attendance logs, syllabi release, mid-term grades, image release,
etc.
– Total Retention: 5 years
■ When in doubt, keep the record.