FERPA
What is FERPA?

FERPA stands for the Family Educational Rights and Privacy Act (also called the Buckley Amendment).  Students who are currently enrolled or formerly enrolled regardless of their age are subject to FERPA.  The law was passed by Congress in 1974 and grants four specific rights to students:

  • the right to see the information that Ball State has concerning the student
  • the right to seek to 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 complain with the Department of Education Compliance Office in Washington DC.

What is a student's Educational Record?

It is ANY record, file, document or other material which contains information directly related to the student and maintained by Ball State. The educational record is not confined to the student's file in the Registrar's Office.  It may also include:

  • a document with the student's name and identification number
  • a computer printout
  • a class list
  • a computer display screen
  • notes taken during an advisement session
  • files, documents, and materials in whatever medium (handwriting, print, tapes, disks, film microfilm, microfiche) which contain information directly related to students and from which students can be personally (individually) identified

What is not an Educational Record?

  • sole possession records
  • law enforcement unit records
  • employment records
  • medical records
  • alumni (or post-attendance) records

What student information may be released?

The only student information which may be released is called directory information.  At Ball State University this information is limited to:

  • student's name (all names on record)
  • local address and telephone number
  • home address and telephone number
  • electronic mail address
  • photograph, video and electronic image taken or maintained by the university
  • date of birth
  • major field of study
  • dates of attendance
  • grade (class) level
  • enrollment status (undergraduate or graduate, full time or part time)
  • participation in officially recognized activities and sports
  • weight and height of members of athletic teams
  • degrees, honors, and awards received
  • previous institution(s) attended

Important Points for Students to Remember:

  • Educational records are considered confidential and may not be released without the written consent of the student
  • There are limited exceptions when a student's consent may not be required to disclose information, including federal state and local authorities involving an audit or evaluation of compliance with educational programs or to an accrediting organizations
  • Some information is considered public (directory) information and may be released without the student's written permission.  However, a student may also decide to restrict directory information by visiting the Registrar's Office to submit a signed request

Important Points for Faculty to Remember:

To avoid violations of FERPA, DO NOT:

  • at any time use the identification number of a student in a public posting of grades
  • ever link the name of a student with the social security number or identification number in any public manner
  • leave graded papers in a stack for students to pick up by sorting through the papers of all students
  • circulate a printed class list with student names and identification numbers as an attendance roster
  • discuss the progress of any student with anyone other than the student (including parents) without the consent of the student
  • provide anyone with lists of students enrolled in your classes
  • provide anyone with student schedules or assist anyone in finding a student on campus – instead refer emergency requests to the Dean of Student's Office.

As noted herein, FERPA gives the student the right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent FERPA authorizes disclosure without consent.  One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests.  A school official is defined by FERPA as a person employed by Ball State University in an administrative, supervisory, academic, or support staff position; a person or company with whom Ball State University has contracted such as an attorney, auditor or collection agent; a person serving on the Board of Trustees; or assisting another school official in performing his or her tasks.  A school official has a legitimate education interest if the official needs are to review an education record in order to fulfill his or her professional responsibility.  In accordance with FERPA, the National Student Clearinghouse is designated by Ball State University as a school official with legitimate educational interests.  The National Student Clearinghouse is a contracted agent of Ball State University an Authorized Certifying School Official for providing enrollment verification.