Family Educational Rights and Privacy Act (FERPA) Guide

The Family Educational Rights and Privacy Act (FERPA) of 1974 is a federal law that protects the privacy of student educational records. Essentially, FERPA protects student information from being released without students’ permission. The rights provided by this act transfer from the parent to the student when the student reaches the age of 18 OR attends a postsecondary school — whichever comes first.

Under this law, students have the following rights with regard to their educational records:

• To inspect and review their education records
• To request an amendment to their education records when they believe the records are inaccurate or misleading
• To consent to disclosures of personally identifiable information contained in their education records, except to the extent that FERPA authorizes disclosure without consent
• To file a complaint with the United States Department of Education concerning alleged failures by the College to comply with FERPA

The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

Faculty, staff, graduate assistants, and any other member of the Providence College community with access to student records are required to comply with all FERPA regulations. Failure to comply could result in a loss of federal funding.

You are accessing and working with FERPA protected data if you have a job function such as:

• Leading or supporting course instruction
• Reporting for student related compliance or decision making
• Assisting with student success or well-being
• Working with students on financial aid or billing
• Providing services to students
• Marketing and communications

And/or if you have access to systems such as:

• Canvas
• Banner
• ARC, AIR, or other academic reporting tools
• Slate, or other admission tools
• Degree Works, Advising Gateway, or other advising systems
• Unit specific systems that include student data

An education record is any record that is directly related to a student that is maintained by the College or by a party acting on behalf of the College. This includes information recorded in any medium such as handwriting, computer media, video or audio tape, film, microfilm and microfiche.

1. Sole possession records* or private notes held by a school official that are not accessible or released to other personnel, except individuals serving as a temporary substitute for the school official;
2. Campus security or law enforcement records that are held by a school official that are not accessible by or released to other personnel except in emergency situations;
3. Records relating to individuals who are employed by the institution, unless the employment is contingent on their status as a student (e.g., work-study students).
4. Records of an institution that contain information about an individual obtained only after that person is no longer a student at that institution (e.g., alumni records).

*Please note: if a sole possession record is shared with any other college official, it then becomes a part of the student’s record and is then considered an education record protected by FERPA.

FERPA allows for disclosures…

1. To school officials who have been determined to have legitimate educational interest in order to fulfill their professional responsibility.
2. To officials of another institution in which a student seeks or intends to enroll.
3. To state or local educational authorities auditing or evaluating Federal or State supported education programs or enforcing Federal laws which relate to those programs.
4. If the disclosure is pursuant to a lawfully issued court order or subpoena.
5. If the disclosure is made for compliance with the Solomon Amendment.
6. If the disclosure is to a parent who legally declares the student as a dependent.
7. If the disclosure is to parents and legal guardians of students under the age of 21, regardless of their dependency status, of information regarding a student’s violation of laws or policies governing the use or possession of alcohol or a controlled substance.
8. If the disclosure is made in situations deemed by the college as a health/safety emergency.
9. If the disclosure is provided to organizations conducting studies to improve instruction, or to accrediting organizations.
10. If the disclosure is made in connection with the receipt of financial aid (validating eligibility).
11. If the information disclosed has been designated as directory information by the college.

At its discretion, the College may disclose “directory information” in accordance with the provisions of FERPA. Directory information is defined as that information which would not generally be considered harmful or an invasion of privacy if disclosed.

Designated directory information includes the following:

• Student’s name
• Address (local and permanent)
• Phone number (local and permanent)
• College email address
• Date and place of birth
• Major field of study
• Class year
• Participation in officially recognized activities and sports
• Height/weight of members of athletic teams
• Enrollment status
• Dates of attendance
• Degrees, honors, and awards received
• Photographs
• Previous education institutions attended

Students may prohibit the release of directory information by contacting the Registrar’s Office in writing.

While students can request confidentiality to withhold their information from directory requests, students can also grant FERPA access to their academic and/or financial information to specified individuals, such as their parents or legal guardians. Students can elect this option on CyberFriar and determine exactly what information they will allow to be shared.

As a faculty member, assigned advisor, department chair, administrative assistant, etc., you can check a student’s Cyberfriar Advising Gateway profile to see if they have granted such access.

Select “FERPA Authorizations” from the side menu of the student’s profile. Here you will be able to view the names of the individuals to which the student has granted access, as well as the type(s) of information they are allowed to view/discuss (academic information only = AI, financial information only = FI, or both = ALL).

Individuals having questions regarding FERPA may contact Assistant Registrars Stefanie Calderon or Vanessa Sullivan, or stop by the Office of the Registrar located in Harkins 310.