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FERPA

FERPA

The Family Educational Rights and Privacy Act (FERPA) affords students certain rights in regards to their educational records. They are:

Directory Information

At its discretion, Berea College may provide directory information under the provisions of the Family Education Rights and Privacy Act. Directory information is defined as that information which would not generally be considered harmful or an invasion of privacy if disclosed. Designated directory information at Berea College includes the following:

  • Student name
  • Addresses and email address
  • Student B number
  • Enrollment status (full-time, part-time)
  • Classification (Fr, So, Jr, Sr)
  • Dates of attendance
  • Major field of study
  • Participation in officially recognized activities and sports
  • Weight and height of members of athletic teams
  • Degrees and awards received
  • Photographic, video or electronic images of students taken and maintained by the college
  • Hometown

More Information

As of January 3, 2012, the U.S. Department of Education’s FERPA regulations expand the circumstances under which students’ education records and personally identifiable information (PII) contained in such records–including Social Security numbers, grades, or other private information–may be accessed without consent. First, the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or state and local education authorities (“Federal and State Authorities”) may allow access to student records and PII without consent to any third party designated by a Federal or State Authority to check a federal- or state-supported education program. The evaluation may relate to any program that is “principally engaged in the provision of education,” such as early childhood education and job training, as well as any program that is administered by an education agency or institution.

Second, Federal and State Authorities may allow access to education records and PII without consent, to researchers performing certain types of studies, in certain cases even when the College objects to or does not request such research. Federal and State Authorities must get certain use-restriction and data security promises from the third parties that they allow to receive PII, but the Authorities need not maintain direct control over the third parties.

Also, in connection with Statewide Longitudinal Data Systems, State Authorities may collect, compile, permanently keep, and share without student consent, PII from education records, and may track student participation in education and other programs by linking such PII to other personal information that they get from other Federal or State data sources, including workforce development, unemployment insurance, child welfare, juvenile justice, military service, and migrant student records systems.

If a student believes the college has failed to follow FERPA, they may file a complaint using the Student Complaint and Grievance Procedure as outlined in the Student Handbook. If dissatisfied with the outcome of this procedure, a student may file a written complaint with the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue SW, Washington, D.C. 20202-5920.

Questions about the application of the provisions of the Family Educational Rights and Privacy Act should be directed to the Office of the Registrar or to the Office of the General Counsel. The FERPA Quick Guide document may be good reference material for you.