Family Education Rights and Privacy Act (FERPA) Policy

Federal law prohibits the disclosure of most information in student records to anyone outside the institution, or to those within the institution who are not in a position to ‘need to know’ that information, without the student’s written permission.  This right was established in 1974 with the Family Education Rights and Privacy Act (FERPA) – also known as the Buckley Amendment.  FERPA applies to any current or former student.  This law also gives a student the right to inspect his or her own records.  

As a part of the law, faculty may not post evaluation of any type in any manner that might allow those receiving the evaluation to be individually identified.  Any grades, crediting, or evaluation in a course/program is part of the private educational record of the student.  The law also gives the student the right, unless voluntarily waived in a manner which is not coercive, to inspect any letters of recommendation about him or herself.  The student can view evaluations and notes placed in his/her file, whether confidentiality was promised to the author or not.  Consequently, no promises of confidentiality should be extended to third parties about any other material kept in files pertaining to students.

With few exceptions, FERPA (the protection of those records and accessibility by the student) applies to all records maintained by the institution that directly relate to a student, not just the “permanent record”.  The exceptions are: an administrator’s or faculty member’s own notes that are used ONLY by that individual and are not shared with anyone else; campus security department records if they are not shared with other college administrators; records relating to a student as an employee; and medical, psychological, or psychiatric records not shared with the institution.  Remediation records are an not an exception. 

The law does allow the college to share, without written permission of the student, “directory information”.  At Antioch College that information consists of the following:  (a) student’s legal name; (b) dates of attendance; (c) campus of enrollment; (d) withdrawal or graduation dates; (e) degrees conferred; (f) photo; and (g) major field of study.

Any Antioch College student who wishes to have directory information protected (withheld) must notify the Registrar’s Office in writing during the registration period of each term.  The institution will honor requests for non-disclosure of directory information only for the current academic year.  Therefore, authorization to withhold directory information must be filed at least annually with the Registrar’s Office.

Parents (or other family members or legal guardians) of a college student do not have the right to see their child’s educational record or have information from that record.  The law gives the student the right to voluntarily waive this protection as long as it is done in a manner that is not coercive.  Under certain circumstances institutions may disclose information from the record to parents if documentation has been provided to verify that they currently claim their child as a dependent for federal income tax purposes, and the identity of the parent can be confirmed.

Under FERPA information from student education records can be shared with the following: Comptroller General of the United States; Secretary of Education; state educational authorities; accrediting organizations; and certain organizations conducting specifically defined studies for the institution.

Educational records cannot be shared with law enforcement agencies without a court order, lawful subpoena, or the expressed written consent of the student.  As allowed under FERPA, Antioch College will cooperate fully with officers of the court who are in legal pursuit of criminal investigations.

If you are faced with a “right to privacy” issue you are strongly encouraged to contact the Registrar before releasing any information.

Antioch College FERPA Statement on Legitimate Educational Interest

‘School officials’ shall mean any person who is a trustee, officer, agent, or employee of the College who is acting within the course and scope of his or her employment and authority.  ‘Legitimate education interest’ shall mean any authorized interest or activity, undertaken in the name of the College, for which access to an educational record is necessary or appropriate to the proper performance of the undertaking.

‘School officials’ with legitimate educational interest in a student’s educational records may access those records without the student’s consent.  School officials are those officials who act in the student’s educational interest within the limitations of their ‘need to know’.  This includes faculty, administrators, clerical, and professional employees.  Also included are students on college committees where legitimate ‘need to know’ exists. 

The demonstrated ‘need to know’ or the ‘legitimate educational interest’ must be supported by the institutional responsibilities assigned to the individual and/or the committee.  It is the responsibility of the Registrar to assess the ‘legitimate educational interest’ or ‘need to know’ of the request and to require proper identification, if necessary.  A school official is determined to have legitimate educational interest if the information requested is necessary for that official to (a) perform appropriate tasks that are specified in his or her position description or contract, (b) perform a task related to the student’s education, (c) perform a task related to student discipline, or (d) provide a service or benefit to the student or student’s family, such as health care, counseling, job placement, or financial aid.  When doubt is raised by the Registrar about an individual’s ‘need to know’ or ‘legitimate educational interest’ in having access to information the issue shall be decided by the Dean of Faculty.  The Registrar will determine whether copies of materials may be made and/or if others need to be present during the examination of the educational records.

FERPA Release Form