FERPA refers to the Family Educational Rights and Privacy Act of 1974. Previously known as the Buckley Amendment, this act defines the laws and regulations regarding student privacy within educational institutions. For a quick tutorial, please view this short video. 

The essence of the Act is that school officials may neither disclose personally identifiable information about students, or permit the inspection of students' records without their written permission, unless such action is otherwise covered by certain exceptions permitted by the Act. 

FERPA is important as it is the law and failure to comply may result in the loss or withholding of federal funds, including student financial aid.

FERPA is enforced by the Family Policy Compliance Office, U.S. Department of Education, Washington, D.C. 

The Family Compliance Office is the office housed within the Department of Education which administers FERPA and is responsible for providing technical assistance to educational institutions regarding FERPA. 

FERPA covers students who are or have been in attendance at a postsecondary institution are covered by FERPA. 

• To inspect their education records.
• To request an amendment to their record and also the ability to request a hearing if the request for the amendment is unsatisfactory. 
• To file a compliant with the U.S. Department of Education if they feel their rights are being violated. 
• To expect that their education records are kept confdiential and secure, except where special exceptions are made by the Act. 
• To suppress the disclosure of directory information. 

What they are:

Education records are any and all records that relate directly to a student and are maintained by an institution. These records can exist in any media form (handwritten, print, type, film, electronic, microfiche, etc.). 

What they are not:

• Personal, undisclosed notes (however, once shared, they become educational records). 
• Law enforcement reco4rds
• Employment records (however, records created as a result of being a student such as work study and graduate assistants, are education records). 
• Medical records created by a health care professional used only for the purposes of medical treatment (which are covered under HIPPA). 
• Alumni Records (records created after the student has left the institution). 

• Information that the student has given written consent to release. 
• Information needed by university officials who have a legitimate educational interest. 
  • A legitimate educational interest means that the university official requires specific information in order to fulfil his/her job duties in their capacity as a university official. This is also an individual who is employed by the University in an administrative, supervisory, academic, research, or support staff (including law enforcement and health staff). 
    • Additional considerations as university officials are members of the Tennessee Higher Education Commission, a person or company with whom the University has contracted (such as an attorney, auditor, or collection agency), temporary employees, student workers, and graduate assistants employed by the University. 
• Information needed by certain goverment agencies. 
• Directory information may be given, but only if the student has not marked themselves as confidential in the system. Please check with the Office of the Registrar if you are unsure. 

FERPA Chart

Students may fill out an Information Release Authorization in Tech Express. This allows the student to designate an indvidual to whom they assign a unique, exclusive alphanumeric passphrase. Additionally, after the student designates the individual, they also designate which types of information they will allow to share. 

Information Release Authorization Instructions

Information Release Authorization Video Tutorial

• Students have the right under FERPA to choose to not allow their directory information to be shared.  
  • The confidentaility flag is set when the student completes the Information Release Authorization. 
• Confidentiality flags also mean that the following student information will be prevented from sharing:
  • Dean's List
  • Graduation Program 

FERPA rights are granted to parents until their dependent reaches the age of 18 or begins attending an institution of higher education (regardless of age). FERPA begins immediately once a student is considered in attendance on the first day of classes. FERPA remains valid from that point forward, regardless if a students withdraws, and until the student is deceased. 

To avoid FERPA violations, please do not: 

• Use the SSN/Student ID or any other personally identifiable information to post grades. 
  • It is recommended that you use a unique code number, known only to you and the student, if you choose to post grades. List grades randomly, not in alphabetical order. 
• Leave graded tests for students to sort through. 
• Post a class roster with any personally identifiable information. 
• Provide anyone with student schedules. 
• Provide anyone with a class roster or lists of students enrolled in your classes. 
• Include confidential information (i.e. grades, GPA, credit hours, etc.) in a recommendation letter without the written consent of the student. 

It is highly recommended and encouraged that your test your knowledge after reading the information above. Users who score below a 70% should review the material above and retake the quiz. 

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