FERPA Definitions

FERPA Definitions

The Family Educational Rights and Privacy Act of 1974 (as amended)

• is a federal law.
• is also commonly known as the Buckley Amendment.
• protects the privacy of a student's educational records.
• applies to all educational agencies or institutions that receive funds under any program administered by the Secretary of Education.

In a nutshell, FERPA gives students the right to:

1. control the disclosure of their education records to others;
2. inspect and review their education records; and,
3. seek amendment of their education records.

Qualification for student status under FERPA

An individual becomes an enrolled student at Cornell College when they move into college housing or on the first day of a course for which they are registered, whichever occurs first. An individual ceases being a student on the last day of the last course for which they are enrolled or when they move out of college housing, whichever occurs later.

FERPA does not apply to applicants to Cornell College but we still treat their records confidentially.

Definition of educational records

Records may be handwritten, print, computer, videotape, audiotape, film, microfilm, microfiche, or email items that

1. contain information directly related to a student; and,
2. are maintained by the institution or an entity operating on its behalf as part of the educational process.

Educational records do not include:

• records/notes in sole possession of the maker not accessible or revealed to any other person (except a temporary substitute)
• medical records
• employment records when employment is not contingent upon being a student, provided the record is used only in relation to the individual's employment
• campus police records
• information about a person obtained when the person was no longer a student (e.g., alumni records) and does not relate to the person as a student
• aggregate (statistical) data that contains no personally identifiable information about any student

How can a student withhold directory information?

Students must request that information be withheld by updating their status on the Student Information Sharing page and on the Cornell College Directory page.

Specifications outlined by the student in this form are catalogued in the student's record in PowerCampus under "Release Information." Complete and partial directory withheld options are available. For assistance or additional information, students may contact the Registrar's Office.

What information can we release without student consent?

The law allows disclosure without consent to:

• school employees who have a legitimate educational interest.
• other schools, upon request, in which a student is seeking or intending to enroll.
• accrediting organizations.
• organizations doing certain studies for, or on behalf of, the College.
• appropriate parties in connection with financial aid to a student to determine eligibility, amount, or conditions of financial aid, or to enforce the terms and conditions of aid.
• parents when:
  • the student is a dependent of the parent for tax purposes as evidenced by appropriate documentation, including the parent's most recent tax return or a student financial aid application.
  • a health or safety emergency necessitates disclosure to protect the health or safety of the student or another individual.
  • the student is under 21 years of age at the time of the disclosure and the student has violated a federal, state, or local law or any Cornell College policy governing the use or possession of alcohol or a controlled substance.
• certain officials of the U.S. Department of Education, the Comptroller General, the Attorney General of the United States, the U.S. Department of Veteran Affairs, and state and local educational authorities in connection with an audit or evaluation of federal or state supported education programs, or for the enforcement of, or compliance with, federal legal requirements that relate to those programs.
• individuals who have obtained a judicial order or subpoena.
• school officials who have a need to know concerning disciplinary action taken against a student.
• appropriate parties who need to know in cases of health and safety emergencies when necessary to protect the health and safety of the student and/or others.
• state and local authorities, within the juvenile justice system, pursuant to specific state law.
• the alleged victim of an incidence of violence the results of a disciplinary proceeding with respect to that incident.
• those requesting directory information on a student provided that the student has not requested his or her information be withheld.
• any member of the public in matters relating to sex offenders and information provided to Cornell College under relevant federal law.
• a court in which the College is defending itself against legal action initiated by a parent or eligible student.
• the originating party identified as the party that provided or created the record. This allows for returning documents, such as official transcripts, that appear to have been falsified back to the institution or school official identified as the creator or sender of the record for confirmation of its status as an authentic record.
• individuals requesting information for students who are deceased.

What are two basic steps to comply with the law?

Cornell College must:

1. Notify current students annually in writing of their rights under FERPA.
   • Right to seek amendment or correction of educational records.
   • Right to have some control over the disclosure of information from education records except when release is permitted by law.
   • Right to file complaints with the Family Policy Compliance Office, United States Department of Education, within 180 days of violation.
   • Since Cornell College has a policy of disclosing personally identifiable information to school officials:
     • The criteria for determining school officials
     • A description of what constitutes a legitimate educational interest or need to know.
2. Grant access by students or parents/guardians, if applicable, to education records.
   • Students and former students have the right to inspect and review their education records through established procedures. Must be executed within 45 days of receipt of written request.
   • Institution or agency is not required to provide a copy of the education record unless failure to do so would deny access.
   • Records cannot be destroyed if request is pending.
   • Fee can be charged unless cost prohibits access.
   • Students and former students have the right to review records of request for disclosure of their personally identifiable information. Institution must maintain records of request and make them available to students.
   • A record of disclosure is not required to document disclosure to:
     • a student or parent.
     • a school official with a legitimate educational interest.
     • an individual to whom the student provides written consent for disclosure.
     • an individual providing a lawfully issues subpoena.
     • an individual requesting directory information.

What documents does a student not have a right to see?

• Financial information submitted by parents.
• Confidential letters and recommendations placed in student's file before 1/1/1975.
• Confidential letters, etc., associated with admissions, employment, job placement, or honors to which a student has waived rights of inspection and review.
• Educational records containing information about other students, such as grades, test scores, etc.

What can happen if we fail to follow the law?

• Lawsuit
• Loss of federal funding
• Conviction of a misdemeanor under the Public Information Act
  • Confinement in the county jail not to exceed 6 months
  • Fine note to exceed $1,000
  • Both of the above
• Dismissal

What if I have a question on what can or cannot be released under FERPA?

Remember, when in doubt, don't give it out!

If you have any questions on what information you can or cannot release, check with your supervisor or contact the Registrar's Office (319.895.4372).

Definition of directory or public information (general)

"...information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed." (1988 Final Regulations) FERPA allows institutions to specify certain elements of the education record as directory information. Such directory information may be disclosed without student consent. 

Information typically designated as directory information includes:

• name
• address(es) - including email addresses
• telephone numbers

Directory information can NEVER include:

• Social security number
• Student identification number
• Race
• Ethnicity
• Nationality
• Gender

Cornell Directory Information 

According to college policy, directory information at Cornell College includes:

1. student name
2. local and home addresses and telephone numbers
3. campus email address
4. date and place of birth (only if the student is currently enrolled)
5. major field of study
6. enrollment status (full-time, part-time)
7. participation in officially recognized activities and sports
8. height and weight, if a member of an intercollegiate athletic team
9. dates of attendance
10. academic level
11. degrees and awards received
12. the name of the most recent educational institution attended
13. student's photograph
14. the names of the student's parents

Please note the following:

• Students may request not to have directory information released. To do so, they must log in and update their status on the Student Information Sharing Page.
• Class schedule and next-of-kin information are not open directory information and may not be released (a) to anyone outside Cornell College, except as provided by law, or (b) to anyone inside Cornell College who does not have a legitimate educational need to know.

Can directory information be released to anyone who requests it?

NO - If the student has requested that directory information be withheld, no information can be released (a) to anyone outside of Cornell except as provided by law or (b) to anyone within Cornell who does NOT have a legitimate need to know.

YES - If the student has NOT requested that directory information be withheld AND if the party requesting the information has a legitimate need to know or is using the information for a legitimate purpose related to college business.