8 Simple Rules for Faculty/Staff FERPA Compliance
Is it really important for faculty and staff to know FERPA? Consider
this metaphor: Is it really necessary for a registrar to know traffic
law in order to avoid citation or arrest? The fact is, if a few simple
road signs and symbols are available, and we heed them, we are very
unlikely to run afoul of the law. This informational handout is an attempt
to set up some FERPA “road signs” for faculty and staff
that will reduce their learning curve to 8 simple rules.
1. Be aware of FERPA. It is not necessary for faculty and staff to
understand every nuance of FERPA and its administration. It is critically
important that they understand that it exists and governs much of what
they do.
2. Be aware that FERPA is everyone’s responsibility. Faculty
and staff must understand that every employee of every higher education
institution can subject the entire school to FERPA liability, if s/he
has access to student education records.
3. Understand that almost all student records are subject to FERPA.
Faculty and staff have access to lots of student records. Teachers often
believe that only “academic records” are subject to FERPA.
They sometimes believe that they have the authority to decide whether
records fall under the law, or not. In fact, the law itself defines
student records, and the definition is very inclusive.
4. Disclosure of student records without student consent risks a violation
of the law. Although FERPA provides for the disclosure of student records
without consent to certain designated persons, or under certain specific
circumstances, those exceptions are few and narrowly defined.
5. Students have the right to see their records. FERPA requires all
custodians of student records to accord review of those records to the
specified student under almost all circumstances. Schools and school
employees are not accorded the prerogative of deciding whether students
should see records about them.
6. The right of school employees to access student records is very
narrow. FERPA accords school employees the right to view student records
under certain circumstances, referred to as “legitimate educational
interest.” In general, this means “the employee needs access
to the records to do his/her job.” Curiosity is not a legitimate
educational interest. The ability to access student records does not
confer the right to view student records.
7. Good intentions, common sense, or innocent mistakes do not mitigate
privacy violations. Most FERPA violations by faculty and staff are unintentional.
Nonetheless, it is the responsibility of the school to prevent violations
and intent is not a defense.
8. Ask for help! Faculty and staff are expected to be experts in their
fields. They should expect their schools to support them with resources
in the field of student records privacy. When they see a sign and they
are not sure what it means, they are professionally responsible to find
out before they drive by it!
Judy Hinnenkamp , Associate Registrar
jhinnenk@d.umn.edu
(218) 726-8795
139 Darland Administration Building
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