FERPA: Family Educational Rights and Privacy Act

The Family Educational Rights and Privacy Act of 1974, also known as the Buckley Amendment, helps protect the privacy of student records. The Act provides the right for students to inspect and review educational records, the right to seek to amend those records and to limit disclosure of information from the records. The Act applies to all institutions that are the recipients of federal funding and includes Seminole Community College.

Who is protected under FERPA?

Students who are enrolled at SCC, or formerly enrolled, regardless of their age or status in regard to parental dependency.

Parents of students termed dependent for income tax purposes may have access to the student's educational records under certain conditions. Students who have applied but have not attended SCC are not protected.

What are educational records?

With certain exceptions, a student has rights of access to educational records which are directly related to him/her and which are maintained by SCC. "Educational Records" include any student records in the possession of a college employee that are shared with or accessible to another individual.

FERPA contains no requirement that certain records be kept at all. This is a matter of SCC policy and State of Florida regulations. The records may be handwritten or in the form of print, magnetic tape, film or some other medium. FERPA coverage includes records, files, documents and data directly related to the student. This includes transcripts or other records obtained from a school or college in which a student was previously enrolled.

What is not included in an educational record?

• Sole possession records or private notes held by college or other educational personnel which are not accessible or released to other personnel.
• Law enforcement or campus security records that are solely for law enforcement purposes.
• College records relating to individuals who are employed by SCC (unless contingent upon attendance).
• College records relating to treatment provided by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional and disclosed only to individuals providing treatment.
• College records of an institution which contain only information about an individual obtained after that person is not longer a student as SCC (i.e. alumni records).

What documents can be removed from an educational record before the students view it?

• Any information that pertains to another student.
• Financial records of the student's parents.
• Some confidential letters and statements of recommendation under conditions described in FERPA section 99.12.

What is directory information?

SCC may disclose information on a student without violating FERPA through what is known as "directory information." This generally includes a student's name; address; telephone number; date and place of birth; major field of study; participation in officially recognized sports and activities; weight and height of athletes; dates of attendance; degree and awards received; and other similar information.

SCC is required annually to identify what constitutes directory information within its policy. This notice must also provide procedures for students to restrict the institution from releasing his/her directory information. This notice appears in the College Catalog and Student Handbook.

Who is entitled to student information?

• The student and any outside party who has the student's written consent.
• School officials who have "legitimate educational interests" as defined in FERPA.
• Parents of a dependent student as defined by the Internal Revenue Service Code may be granted access.
• A party named in judicial order or subpoena which allows the institution to release records without the student's consent; however, a "reasonable effort" must be made to notify the student before complying with the order unless the subpoena is issued for law enforcement purposes.

When does the college need consent to disclose personally identifiable information from an educational record, including transcripts?

Except for specific expectations (listed in the following sections), a signed and dated consent by the student must be obtained before any disclosure is made.

The written consent must include the following information:

• The records that may be disclosed.
• The purpose of disclosure.
• The student's name.
• The name of the student's parents or other family members.
• The address of the student or the student's family.
• A personal identifier, such as a Social Security Number or student number. 
• A list of personal characteristics.

Some personally identifiable information may be released if it has been defined as "directory information."

When is the student's consent not required to disclose information?

The following 13 exceptions allow the college to release student information without the student's consent:

• To SCC officials (defined in policy) who have a legitimate educational interest.
• To colleges in which a student seeks to enroll.
• To Federal, State, and local authorities involving an audit or evaluation of compliance with educational programs.
• In connection with Financial Aid.
• To state and local authorities pursuant to a state law adopted before November 1974 requiring the disclosure.
• To organizations conducting studies for or on behalf of educational institutions.
• To accrediting organizations.
• To parents of dependent students.
• To comply with judicial order or subpoena.
• Health or safety emergency.
• Directory information.
• To the student.
• Results of disciplinary hearing to an alleged victim of a crime or violence.
• Requests to disclose are always handled with caution and approached on a case-by-case basis.
• SCC releases student information without a student's consent if the request meets one or more of the approved exceptions.

How does the use of technology impact FERPA?

The use of computerized record-keeping systems are increasing at a tremendous rate. SCC is working to ensure that appropriate policies are established to protect the confidentiality of electronic records, educate faculty, administrators and staff about the policies, and make sure the policies are enforced. The same principles of confidentiality must be applied to electronic data as apply to paper documents.

Did you know?

SCC offers morning, evening, weekend and online courses.