Information for Members of the University Community with Teaching Responsibilities

Student Privacy: Family Education rights and Privact Act (FERPA)

Summary

In 1974, Congress enacted the Family Educational Rights and Privacy Act to guarantee students access to their educational records and to prohibit dissemination of educational records without the student’s consent. FERPA's chief sponsors were Senator James Buckley and Representative Jack Kemp, which explains why FERPA is often referred to as the Buckley Amendment. Congress recently enacted an amendment to FERPA that enables an educational institution to disclose details of disciplinary action against a student for conduct that posed a significant risk to safety of others in the school community. The following summary is intended to address questions which most frequently arise concerning compliance with FERPA.

STUDENTS: An eligible student is a student who has reached 18 years of age or is attending the University

Must be given access to:

  • All records, files, documents and other materials, maintained by the University which have information relating to the student. Working notes in files are not considered part of the record unless specifically left for others to view.

May not have access to:

  • Parents’ financial records (without written consent from parents)
  • Law enforcement records
  • Medical, psychiatric records or similar records in connection with the treatment of the student
  • Letters/statements of recommendation written prior to 1975. Recommendation letters written after 1975 may not be released if the student waived the right to inspect and review those letters and if related to admission to an educational institution, application for employment or receipt of an honor.

PARENTS:

May not have access to student records unless:

  • The parent sends a statement in writing certifying that he/she is the legal parent of the student and that such student was and is claimed as a dependent on the parent’s income tax returns. If such statement is received, the parent may be sent a copy of the student’s transcript after paying the appropriate fee.

May have access to:

  • Information regarding a violation of any federal, state, or local law, or of any rule or policy of the University, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the student’s educational records, provided that the student is under the age of 21, and the University has determined that the student committed a disciplinary violation with respect to such use or possession.

OTHERS: Parties who are not related to a student

May have access to student records for the following reasons:

  • Student has authorized release of information to another party with a written statement specifying which records are to be released and for what reason.
  • Authorized representatives of the U.S. Department of Education, the Office of the Comptroller General, or state and local education authorities request access as part of an audit or program review or to ensure compliance with Student Financial Aid program requirements. This also applies to research firms working for those government agencies.
  • Court order and/or subpoena after reasonable effort to notify parent or eligible student (unless ordered not to contact the student by the court).
  • University officials and University faculty with a legitimate educational interest may have access to internal University student records (and also records from other universities in the context of consideration of a student’s application for admission).
  • Teachers and other school officials (including other institutions) with a legitimate educational interest in the behavior of the student may be given appropriate information concerning disciplinary action taken against such student for conduct that posed a significant risk to the safety and well-being of the student, other students, or other members of the school community.
  • In connection with a health or safety emergency.
  • In response to a request for the final results of a student disciplinary hearing where a student has been found to have committed a disciplinary offense that would constitute a crime of violence (or a nonforcible sex offense) under federal law, the violation committed, and any sanction imposed.
  • A victim of violent crime may be told the results of any disciplinary proceedings arising out of the commission of that crime.
  • In response to a student’s application for financial aid, student information may be released to determine the amount of financial aid, the conditions for the aid, the student’s eligibility for the aid, or to enforce the terms or conditions of the aid.
  • An organization conducting studies concerning the administration of student aid programs on behalf of educational agencies or institutions may be given relevant information.

Every time information about a student is provided to anyone:

  • A record must be created of the request for access and each disclosure of student information.
  • The record must identify the parties who requested the information and their basis for such request.
  • The record of disclosures must remain in the file for as long as the educational records are maintained.

Note: Records of requests and disclosures do not have to be maintained for requests by the parent or eligible student, university officials with a legitimate educational interest, or a party seeking directory information.

DIRECTORY INFORMATION

For currently enrolled students, “directory information” includes the student’s name; addresses; telephone numbers; college, curriculum, and major field of study; class level; date of birth; dates of attendance and full-or part-time status; eligibility for membership in registered University honoraries; degrees, honors, and certificates received or anticipated; weight and height if the student is an athletic team member; participation in officially recognized activities and sports; and institutions previously attended.

For former students, “directory information” may include the student’s name; date of birth; last known addresses and telephone numbers; college, curriculum, and major field of study; dates of attendance and full or part-time status; class level; honors; certificates or degrees earned at the University and the date(s) conferred; weight and height if the student was an athletic team member; participation in officially recognized activities and sports; and institutions previously attended.

Back to FAQs

Posting Grades, Handing Back Assignments

FERPA and University policies are designed to protect student privacy and educational records. They control how information from educational records can be shared with anyone other than the student. Educational records include students’ grades, letters of recommendation, and enrollment information.

Employees who handle student records on a regular basis are trained about many of the specific requirements of the laws. If you have not received training, or have any questions, there are on-line materials providing detailed information about FERPA and each campus has training opportunities.

FERPA affects how information about grades should be distributed, how you can respond to inquiries from concerned parents, and approaches to providing references. For example, FERPA prohibits posting listed by social security number. Take advantage of the resources and information available to get informed about FERPA and how it affects you. For more detailed information, see Student Privacy – Family Educational Rights and Privacy Act (FERPA).

Back to FAQs

Students with Disabilities: Legal Issues and Resources

Federal and state laws as well as the University’s own policies require that individuals with disabilities be treated fairly and without discrimination based on their disabilities in all University programs and activities. Compliance with these laws and policies requires care, knowledge and case-by-case analysis. There are University offices with the needed expertise available to assist individuals and units with questions in these areas.

The most important things for University employees to know is that you should not make decisions on the basis of apparent disabilities. If an individual has a bona fide disability and makes a request for an accommodation, these requests must receive an appropriate response. The request and the range of potential accommodations must be considered, and if possible, reasonable accommodations must be made if they do not undermine the essential qualifications of the program or activity. If your position involves making decisions about who may participate in University programs or activities, including making decisions about offers of jobs, you should get training from the appropriate University office about how to do so within University policies.

If an individual requests an accommodation on the basis of a disability, you should seek advice from the Office of Equal Opportunity and Access at UIUC, the Office for Access and Equity at UIC, or the Office of Disability Services at UIS.

Back to FAQs