Privacy of Records (FERPA)
The following is a notification of the rights under FERPA for students at Elmhurst University.
The Family Educational Rights and Privacy Act (FERPA), also known as the “Buckley Amendment,” was passed by Congress in 1974. It gives college students certain rights with respect to their educational record, including the rights:
To inspect and review their educational records
To request amendments to those records
To withhold disclosure of such records except for situations involving legitimate educational interest, or as may be required by law
To file a complaint with the FERPA office in Washington, D.C.
Who is covered by FERPA?
FERPA protects eligible students defined as a student who has reached 18 years of age or is attending an institution of postsecondary education (Elmhurst University). However, FERPA does not extend those rights to applicants who apply for admission but who never actually enroll at the institution. Upon enrollment, the application for admission and related materials are automatically protected under FERPA. FERPA rights continue after a student has graduated or otherwise left the institution, but those rights cease upon death. Requests to review the records of a deceased student should be coordinated through the Office of Registration & Records. Even in the event of a student death, the college is not obliged to share educational record information with those who make a request. It is best practice to consult a college official and they will act in accordance with the wishes of the deceased student’s family.
How do students know what their FERPA rights are?
All schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (webpage, special letter, student handbook, or newspaper article) is left to the discretion of each school. Students are also encouraged to review the resources provided by the U.S. Department of Education targeted at parents and students on the Department of Education's website.
What is included in a student's educational record?
FERPA applies to all education agencies or institutions that receive funds under any program administered by the U.S. Department of Education, including Elmhurst University. FERPA defines educational records as those that 1) directly relate to a student, and 2) are maintained by an educational agency or institution or by a party acting for the agency or institution.
Examples of confidential educational records subject to FERPA protection are:
Grades (midterm or final)
Test scores or homework scores
Student identification numbers (eNumbers) or Social Security numbers
Financial Aid and Student Account Records
Academic Advising notes
Case Management notes
Class attendance information
Conduct or disciplinary reports
Early action reports (progress reports)
Personal notes maintained by and for a sole individual as a memory aid, and not made available to any other school official, are exempted from this requirement under FERPA; however, such “sole possession notes” could be subject to discovery through a court subpoena.
What records are not covered by FERPA?
There are several records that are not covered by FERPA. Some of these records include alumni records that were created after the individual is no longer a student in attendance and that are not directly related to the individual’s attendance as a student. Additionally, employment records are not covered by FERPA if the position does not require the employee to be a student to fill the position. If the position requires the individual to be a student, then the employment record is part of the student’s educational record and therefore is protected by FERPA. Finally, exempt from FERPA protection are some access and disabilities accommodations, law enforcement unit records, and treatment records at health or counseling centers, however, these records are covered by other and more stringent laws. Questions regarding health and counseling records should be addressed to the Vice President for Student Affairs and the question will be directed to the appropriate college official.
With whom can information be shared?
FERPA limits the right of the university to disclose records or information from records about any student without the student’s expressed written consent (please also see “When can information be released to a parent or legal guardian?” below). FERPA prohibits disclosing such information to third parties but permits the disclosure of student information to other school officials within the university without obtaining the student’s consent if the school official has legitimate educational interest. A school official typically includes a person employed by Elmhurst University as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement unit personnel) or a person serving on the school board. A school official also may include a volunteer, contractor, or consultant who, while not employed by the university, performs an institutional service or function for which the university would otherwise use its own employees and who is under the direct control of the university with respect to the use and maintenance of PII from education records, such as an attorney, auditor, medical consultant, or therapist; a student volunteering to serve on an official committee, such as a disciplinary or grievance committee; or a student, or other volunteer assisting another school official in performing his or her tasks. A school official typically has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
FERPA provides guidance about what may be released to third parties but does not require that any information be released. If you are a university employee in doubt about which items are covered by FERPA it is best practice to not share or release any item until you have communicated with the university registrar.
What does "legitimate educational interest" mean?
Being an employee of the university does not imply that one has the right to access student educational records. A school official has educational interest if they need information from the records to carry about responsibilities of their role, and in doing so complete a specific function for the institution. Individuals at the institution who have an educational interest in the student’s educational record may share information internally to school officials that have a legitimate educational interest. For example, a faculty member can share information about a student’s attendance with the Director of Advising, who can in turn share that information with the Assistant Dean of Students.
What is directory information and how is it controlled?
Directory information is not considered confidential.
Elmhurst University has designated the following information as directory information:
Student’s name
Email address
Photograph
Major field of study
Dates of attendance
Enrollment status
Classification
Participation in officially recognized activities and sports
Weight and height of members of athletic teams
Degrees, honors and awards received
If you do not want Elmhurst University to disclose the types of information designated above as directory information, a signed and dated request must be submitted to the Office of Registration & Records (Goebel Hall, Room 105). Elmhurst University does not publish a directory and does not disclose directory information to outside organizations, except to the extent that FERPA authorizes disclosure of education records without consent. Questions about directory information can be addressed to the university registrar.
Can a student inspect all records about them?
No. FERPA provides limitations on the right to inspect and review records, such as educational records that contain information on more than one student, financial records of the student’s parents, and confidential letters and confidential statements of recommendation.
How does a student request a review of their academic records under FERPA?
A student can request to view their academic records by submitting a written request to the Office of the Registrar, Student Financial Services, Academic Affairs or any other office through which a student would like to obtain records. Record inspection will ordinarily be in person by appointment within 45 days of the student’s request and require appropriate identification and the presence of the dedicated personnel of the office. Please note that a fee is charged for official transcript requests and the university retains the right to not provide copies of any records subject to inspection.
How does a student request an amendment of a record?
Under FERPA, an eligible student has the right to seek amendment or correction of their education records that they believe to be inaccurate, misleading, or in violation of their rights of privacy. However, while the university is not required to amend an education record in accordance with an eligible student’s request, the university is required to consider the request for amendment, to inform the student of its decision, and, if the request is denied, to advise the student of their right to a hearing on the matter. If, as a result of the hearing, the university decides not to amend the education records, then the eligible student has the right to insert a statement in the record commenting on the contested information or stating why they disagree with the decision, or both. That statement must remain with the contested part of the education record for as long as the record is maintained and be included whenever the contested part is disclosed.
While an eligible student has the right to seek to amend non-substantive factual errors in their education records, the right is not unlimited. The university is not required by FERPA to afford an eligible student the right to seek to change substantive decisions made by school officials, such as substantive decisions made in the context of grades given to a student based on their performance, other evaluations of the student’s performance, or disciplinary decisions.
For more information, please see the University FERPA webpage: https://www.elmhurst.edu/academics/registration-records/ferpa/