FERPA Guide for Faculty and Staff

The Family Rights and Privacy Act is a federal law (20 U.S.C. § 1232g et seq.) that:
• Protects the privacy of student education records
• Applies to all institutions that receive certain funds from the U.S. Department of Education
• Provides guidelines for appropriately using and releasing student education records
• Defines students as the “owners” of their education records and the institution as the “custodian” of education records

Students have the right to:

  • Inspect and review their education records
  • Request an amendment to their education records they believe are inaccurate or misleading
  • Consent to disclose information in their education record, except to the extent FERPA authorizes disclosure without consent
    • Students may provide consent to a third party by:
    • Students may restrict the release of their directory information by completing and submitting the Request for Confidentiality of Directory Information form to the Office of the Registrar
      • Students who have completed this process are identified by a red “Confidential” indicator in the top-right corner of ARIESweb and by the word “Confidential” at the top of every page in Banner that displays part of the student’s education record
        • This marker does not allow students to be anonymous in the classroom
      • Everyone at the University must respect the student’s privacy request
      • If asked for information about a student who has confidential flag on their record, tell the requestor, “Due to data privacy policies, we cannot respond to your request.”
  • File a complaint with the U.S. Department of Education concerning alleged failures by CSU to comply with the requirements of FERPA

Education Records:

Are any record maintained by CSU related to a student, in any storage medium or format, including:

  • Personal information (i.e., name, email address, age)
  • Enrollment records
  • Grades
  • Class schedules and rosters
  • Exams and papers
  • Student financial records
  • Immunization records for those immunizations required for attendance
  • Student employment records (i.e., work study, GTA, etc.)

Are not:

  • Records in the sole possession of the author and not shared with anyone else
  • Law enforcement records created for legal purposes
  • Employment records not based on student status
  • Medical treatment records
  • Post-enrollment activities and alumni records

Class Recordings

  • Class recordings that include only the instructor/faculty member may be shared with any CSU students, faculty, and staff
  • Class recordings that include student participation may be shared only with students enrolled in the same section or officially cross-listed sections as established in Banner
  • Class recordings that include student participation may not be shared with students not enrolled in the recorded section

Directory Information

Is specific information identified by CSU that is not generally considered sensitive or confidential and may be shared without the student’s consent:

  • Name
  • Institutional email address
  • Telephone number
  • Major field of study
  • Classification (i.e., freshman, sophomore, etc.)
  • Dates of attendance
  • Current or previous enrollment status
  • Anticipated date/term of graduation and expected degree(s)
  • Honors and degrees awarded
  • Participation in officially recognized activities and sports
  • Height and weight of athletic team members
  • Video and photographic images of students with the exception of the official CSU identification photograph

Access to Education Records

Is allowed by FERPA for the following parties:

  • The student
  • CSU officials with a legitimate educational interest or need to know
  • An institution where the student is enrolled or seeks to be enrolled
  • The parents of dependent students (most recent tax return is required)
  • Those employed or contracted by CSU to perform designated functions (i.e., National Student Clearinghouse)
  • Those representing CSU’s legal interests if the student’s record is relevant
  • A third party who the student has authorized using FAMweb or a Student’s Permission to Release Academic Records form
  • A person in response to a court-ordered subpoena
  • Accrediting agencies (i.e., the Higher Learning Commission)
  • Officials responding to a health or safety emergency
  • The U.S. Department of Education, state/local officials, legislative requestors
  • Those who plan, conduct, or review research related to CSU educational programs
  • U.S. military recruiters for recruiting purposes only (10 U.S.C. § 983 – also referred to as the “Solomon Amendment”)

Guidelines for Faculty and Staff

  • Understand and follow student privacy laws, policies, and guidelines
  • Keep student data secure
  • Never expose nondirectory information when distributing homework, posting grades, in publications, in Canvas, on website, etc.
  • Always check confidentiality status before releasing information
  • Verify the identity, authority, and purpose of those requesting access
  • When speaking to a student about their academic record:
    • In person
      • Verify their identity by checking their ID
    • Remotely – ask for:
      • CSU ID number
      • Full name
      • Date of birth
      • Ask the student 3 of these questions from their education record
        • First term and year of attendance
        • Number of credits completed through CSU
        • Two classes taken through CSU and grades earned
        • Secondary major, minor, or certificate
        • Previous institution(s) attended
        • Mailing address
        • High school attended
        • ACT or SAT composite scores
        • Term or cumulative GPA of last term attended
        • Program of study
  • Follow record retention guidelines
  • Never access education records for reasons beyond the scope of your job
  • Hold sensitive conversations in private locations
  • Encrypt emails containing protected student information
  • Be vigilant and report violations to the Office of the Registrar
  • Contact the Office of the Registrar if you have any questions

Other Resources