An education record is any record that is directly related to a
student and is kept by the University. This is an extremely broad
definition, therefore, unless one of the exceptions noted below
applies, it is best to assume that if it relates to a student it is
an education record.
There are several exceptions to the definition of an education
record under FERPA. Some key exceptions are:
Sole possession records – faculty records or advising records
that are not disclosed to other parties except someone who must
serve as substitute for a given course. Personal grade books or
draft exams are examples of these records. However, even though
a student might not have right to access the personal grade
book, due process might require access to the student’s own
grades under some circumstances such as a grade grievance. A
student’s transcript is an education record.
Records of a law enforcement unit of the educational agency or
institution that were created by that law enforcement unit for
the purpose of law enforcement.
Employment records unless employment is a result of student
status, such as work study.
Medical treatment records may not be considered an education
record but they are confidential under other law and
professional ethics requirements.
Set forth below are situations when the student’s written consent is
not necessary prior to disclosing student record information:
Disclosures to other school officials with a legitimate
educational interest in the information or document (see below
for a further explanation of this exception).
Disclosures to authorized representatives for audit of Federal
or State supported programs.
Disclosures to Veteran’s Administration officials.
Disclosures to other schools where the student intends to enroll
on the condition that the issuing institution makes a reasonable
attempt to inform the student of the disclosure.
In an emergency situation. An emergency exists when the
information being provided is necessary to protect the health or
safety of the student or other individuals.
Disclosures to persons or organization providing financial aid
to students.
Disclosures to accrediting organizations carrying out
accrediting functions.
Disclosures made in compliance with a judicial order or a
lawfully issued subpoena if the institution makes a reasonable
attempt to notify the student in advance of compliance.
The results of an institutional disciplinary proceeding may be
disclosed to an alleged victim of any crime of violence.
Disclosure to an outside contractor if that contractor is a
“party acting for” the institution and is performing a service
which the institution would otherwise have to perform for itself
(such as use of the National Student Loan Clearinghouse for loan
verification).
A University may disclose education records to school officials with
a legitimate educational interest in the information or document
without the student’s consent. The University of Wisconsin-Stevens
Point defines a school official as “a person employed by the
University; a person or company with whom the University has
contracted (such as an attorney, auditor, or collection agent); a
student serving on an official committee such as a disciplinary or
grievance committee, or assisting another University official in
performing his or her tasks.” A school official has a legitimate
educational interest if “the official needs to review an education
record in order to fulfill his/her professional responsibilities.”
Any student who is or has been in
attendance at Clemson University has FERPA rights. These rights are
exercised by the student (even students under 18) in postsecondary
institutions whereas in elementary and secondary schools the rights
are exercised by the parent.
Students primarily have the following rights under FERPA:
The right to inspect and review their education records within a
maximum of 45 days after the request is made. This right
includes (1) the right to an explanation and interpretation of
the record, (2) the right to a copy of the education records
when failure to provide a copy of the record would effectively
prevent the student from inspecting and reviewing the record.
The right to request the amendment of education records if the
student believes the records are inaccurate or misleading.
The right to prevent the unauthorized disclosure of their
student records.
The right to complain to the Department of Education about a
violation of FERPA
Students do not have the right to inspect and review the following:
Financial information submitted by parents.
Confidential letters and recommendations placed in their files
prior to January 1, 1975.
Confidential letters and recommendations placed in their files
after January 1, 1975 to which the student has waived his or her
right to inspect and review and that are related to the
students’ admission, application for employment or job
placement, or receipt of honors.
Education records containing information about more than one
student
When your
student was in elementary and high school, the Family Education
Rights and Privacy Act (FERPA) gave you and your student rights to
access and control your student's educational records. Now that your
student is in college, these same laws transfer ownership of the
records directly to your son or daughter.
According to
FERPA, college students are considered responsible adults and are
allowed to determine who will receive information about them. We at
UWSP believe that this communication between parent and student will
foster long term growth in relationships.
The quickest,
easiest way for you to receive information about your student’s
grades, financial statement, or other student information is for
him/her to provide it to you. Students can look information up
online, and give or e-mail a copy to their parents. Student records
are available through their myPoint account.
Yes, a student may withhold Directory Information by completing the request to withhold directory information form. Please note that such withholding requests are binding for all information to all parties other than for those exceptions allowed under the Act. Students should consider all aspects of a Directory Hold prior to filing such a request. Requests for non-disclosure will be in effect until the student authorizes a change.
Please consider very carefully the consequences of any decision by you to remove these items from the list of "directory information." Should you decide to inform the university not to release any or all of this "directory information," any future request for such information from non-university persons or organizations will be refused. A prospective employer requesting confirmation of your major field of study or address would also be denied access to such items, should you withdraw them from the list of "directory information." The university will honor your request to withhold any of the items listed above but cannot assume responsibility to contact you for subsequent permission to release them. Regardless of the effect upon you, the university assumes no liability of honoring your instructions that such information be withheld.
Yes. The public posting of grades by
student name, University of Wisconsin Stevens Point identification
number or social security number without the student’s written
permission is a violation of FERPA.
Any faculty member who posts grades must use a system that
ensures FERPA requirements are met. For example, a system using code
words or randomly assigned numbers known only by the instructor and
the individual student is one option. Do not leave a stack of graded
exams in a place where other students or individuals can access
them. Also, do not disclose one student’s grade to other students.
FERPA prohibits the disclosure of
non-directory information about a student (such as performance in
class, grades, attitude, abilities and background) whether it is
conveyed in writing, in person or by telephone to third parties.
Often references are provided by
faculty members upon the informal request of a student. Even though
references are usually positive, FERPA requires
faculty and staff to obtain written consent before providing
the reference information to third parties.
Letter of Recommendation
Release
Please contact the Registrar’s Office
with further questions. All faculty members should also read the
Annual Notification of Students Rights Under FERPA
that is listed on the Registrars website.