The Family Policy Compliance Office is excited to announce the launch  of the new Student Privacy Website! This new website replaces both the Privacy Technical Assistance Center’s and the Family Policy Compliance Office’s sites.  The Student Privacy Website can be found at:  https://studentprivacy.ed.gov. Be sure to update your bookmarks accordingly!

Is it permissible to release GPA to honors organizations without consent?

No.  FERPA does not generally permit a school to disclose a student’s GPA without the parent’s or eligible student’s consent.

What constitutes a crime of violence or a non-forcible sex offense?

The offenses that constitute a crime of violence or a non-forcible sex offense include arson, assault offenses, burglary, criminal homicide (manslaughter by negligence), criminal homicide (murder and nonnegligent manslaughter), destruction/damage/vandalism of property, kidnapping/abduction, robbery, forcible sex offenses, statutory rape, and incest.

What constitutes the final results of a disciplinary proceeding?

“Final results” means a decision or determination, made by an honor court or council, committee, commission, or other entity authorized to resolve disciplinary matters within the institution.

Must postsecondary institutions provide a parent with access to an eligible student’s education records?

While the rights under FERPA transfer from the parents to the student when the student turns18 or enrolls in a postsecondary institution at any age, FERPA provides ways in which an institution can share education records on the student with his or her parents.  Schools may disclose any and all information to parents, without the consent of the eligible student, if the student is a dependent for tax purposes under the IRS rules.  FERPA also permits a school to disclose information from an eligible student’s education records to parents if a health or safety emergency involves their son or da

What about records that law enforcement has?

“Law enforcement unit records” (i.e., records created by the law enforcement unit, created for a law enforcement purpose, and maintained by the law enforcement unit) are not “education records” subject to the privacy protections of FERPA. As such, the law enforcement unit may refuse to provide a parent or eligible student with an opportunity to inspect and review law enforcement unit records, and it may disclose law enforcement unit records to third parties without the parent or eligible student’s prior written consent.

What records are exempted from FERPA?

Exempted from the definition of education records are those records which are kept in the sole possession of the maker of the records and are not accessible or revealed to any other person except a temporary substitute for the maker of the records. Once the contents or information recorded in sole possession records is disclosed to any party other than a temporary substitute for the maker of the records, those records become education records subject to FERPA. Generally sole possession records are of the nature to serve as a “memory jogger” for the creator of the record.

Who is an eligible student?

An “eligible student” means a student who has reached the age of 18 or who is attending a postsecondary institution at any age.  Once a student becomes an “eligible student,” the rights afforded his or her parents under FERPA transfer to that student.

Source: 20 U.S.C. § 1232g(d)

Who is a parent?

The term "parent" is defined as including natural parents, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.

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