FERPA Information for Faculty and Staff
What is FERPA? The Family Educational Rights and Privacy Act (FERPA) of 1974 (also known as the Buckley Amendment) is a Federal law that protects the privacy of a student’s education records. The Act applies to LSUHSC-NO as the institution is a recipient of federal funds.
What are "education records" under FERPA? With certain exceptions, education records are records which are directly related to a student; and maintained by LSUHSC-NO or by a party acting for LSUHSC-NO. This includes but is not limited to:
- Personal information
- Enrollment records
Note: Education records include any records in whatever medium (handwritten, print, magnetic tape, film, diskette, etc.) that is in the possession of any school official. This includes transcripts or other records obtained from a school at which a student was previously enrolled.
What are NOT considered "education records" under FERPA?
- Sole possession records or private notes held by LSUHSC-NO officials that are not accessible or released to other personnel;
- Records of the law enforcement or campus security at LSUHSC-NO, subject to certain exceptions
- Records relating to individuals who are employed by the institution, which are
- Made and maintained in the normal course of business;
- Relate exclusively to the individual in the individual’s capacity as an employee; and
- Are not available for use for any other purpose
- Records relating to treatment provided by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional and disclosed only to individuals providing treatment
- Records of LSUHSC-NO that contain information about an individual obtained only after that person is no longer a student at LSUHSC-NO (e.g. alumni records)
What responsibilities do faculty and staff have under FERPA?
- Education records are considered confidential and may not be released without the written consent of the student, unless there is an exception under FERPA.
- As a faculty or staff member, you have a responsibility to protect the education records in your possession.
When information can be disclosed without a student’s written consent?
- LSUHSC-NO may release certain information about the student designated as directory information, unless the student has informed the institution in writing that such information should not be released.
- Directory information is the information in the education record of the student that generally would not be considered harmful or an invasion of privacy if disclosed.
- Directory information includes, but is not limited to the student’s name, address, telephone listing, electronic mail address, photograph, date and place of birth, major field of study, participation in officially recognized activities and sports, dates of attendance, enrollment status, degrees, honors and awards received, expected graduation date, planned post-completion placement (e.g. AAMC match) and the most recent educational agency or institution attended by the student.
- If the student does not wish the any or all of the above information to be released, he/she must submit a written request to the Office of the Registrar no later than the 10th day of the academic term. ·
- LSUHSC-NO may disclose information to school officials with legitimate educational interests
- A school official is a person employed by LSUHSC-NO in an administrative, supervisory, academic, research, or support staff position (including university police and student health); a person or company with whom the University has contracted (such as an attorney, auditor, or collection agent); a person serving on the governing board; or a student serving on an official committee, such as disciplinary or grievance committee or assisting another school official in performing his or her tasks.
- A legitimate educational interest is if the official needs to review an education record in order to fulfill his or her professional responsibility.
What rights FERPA provides to a student?
- The right to see the information that LSUHSC-NO is keeping on the student.
- The right to seek amendment to those records and in certain cases append a statement to the record
- The right to consent to disclosure of his/her records
- The right to file a complaint with the Family Policy Compliance Office in Washington, DC.
Who is a "student" under FERPA? Generally, any individual who is or has been in attendance at LSUHSC-NO and regarding whom the LSUHSC-NO maintains education records. Attendance includes, but is not limited to:
- Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information, and telecommunications technologies for students who are not physically present in the classroom; and
- The period during which a person is working under a work-study program.
- A person wishing to gain access to admission files where his/her application was rejected is NOT considered a student under FERPA.