FERPA

FERPA protects eligible students defined as a student who has reached 18 years of age or is attending an institution of postsecondary education (Elmhurst University). However, FERPA does not extend those rights to applicants who apply for admission but who never actually enroll at the institution. Upon enrollment, the application for admission and related materials are automatically protected under FERPA. FERPA rights continue after a student has graduated or otherwise left the institution, but those rights cease upon death. Requests to review the records of a deceased student should be coordinated through the Office of Registration & Records. Even in the event of a student death, the college is not obliged to share educational record information with those who make a request. It is best practice to consult a college official and they will act in accordance with the wishes of the deceased student’s family.

All schools must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (webpage, special letter, student handbook, or newspaper article) is left to the discretion of each school. A general campus FERPA release form is linked to in the introductory section of this webpage, and is also available on the Registration and Records Forms page and the myElmhurst Portal. Please contact Registration & Records ([email protected]) for help with the form.

FERPA applies to all education agencies or institutions that receive funds under any program administered by the U.S. Department of Education, including Elmhurst University. FERPA defines educational records as those that 1) directly relate to a student, and 2) are maintained by an educational agency or institution or by a party acting for the agency or institution.

Examples of confidential educational records subject to FERPA protection are:

• Grades (midterm or final)
• Test scores or homework scores
• Student identification numbers (eNumbers) or Social Security numbers
• Financial Aid and Student Account Records
• Academic Advising notes
• Case Management notes
• Class attendance information
• Conduct or disciplinary reports
• Early action reports (progress reports)

Personal notes maintained by and for a sole individual as a memory aid, and not made available to any other school official, are exempted from this requirement under FERPA; however, such “sole possession notes” could be subject to discovery through a court subpoena.

There are several records that are not covered by FERPA. Some of these records include alumni records that were created after the individual is no longer a student in attendance and that are not directly related to the individual’s attendance as a student. Additionally, employment records are not covered by FERPA if the position does not require the employee to be a student to fill the position. If the position requires the individual to be a student, then the employment record is part of the student’s educational record and therefore is protected by FERPA. Finally, exempt from FERPA protection are some access and disabilities accommodations, law enforcement unit records, and treatment records at health or counseling centers, however, these records are covered by other and more stringent laws. Questions regarding health and counseling records should be addressed to the Vice President for Student Affairs and the question will be directed to the appropriate college official.

FERPA limits the right of the university to disclose records or information from records about any student without the student’s expressed written consent (please also see “When can information be released to a parent or legal guardian?” below). FERPA prohibits disclosing such information to third parties but permits the disclosure of student information to other school officials within the university without obtaining the student’s consent if the school official has legitimate educational interest. A “school official” is defined as an instructor, department chair, program director, dean, vice president, president, board member, student affairs personnel, registrar, counselor, advisor, residence life professional, financial services personnel, admission officer, human resources personnel, health and counseling services professional, information systems specialist, accountant, campus security director, attorney, and support or clerical personnel.

FERPA provides guidance about what may be released to third parties but does not require that any information be released. If you are a university employee in doubt about which items are covered by FERPA it is best practice to not share or release any item until you have communicated with the university registrar.

Being an employee of the university does not imply that one has the right to access student educational records. A school official has educational interest if they need information from the records to carry about responsibilities of their role, and in doing so complete a specific function for the institution. Individuals at the institution who have an educational interest in the student’s educational record may share information internally to school officials that have a legitimate educational interest. For example, a faculty member can share information about a student’s attendance with the Director of Advising, who can in turn share that information with the Assistant Dean of Students.

Directory information is not considered confidential.

Elmhurst University has designated the following information as directory information:

• Student’s name
• Email address
• Photograph
• Major field of study
• Dates of attendance
• Enrollment status
• Classification
• Participation in officially recognized activities and sports
• Weight and height of members of athletic teams
• Degrees, honors and awards received

If you do not want Elmhurst University to disclose the types of information designated above as directory information, a signed and dated request must be submitted to the Office of Registration & Records (Goebel Hall, Room 105). Elmhurst University does not publish a directory and does not disclose directory information to outside organizations, except to the extent that FERPA authorizes disclosure of education records without consent. Questions about directory information can be addressed to the university registrar.

No. FERPA provides limitations on the right to inspect and review records, such as educational records that contain information on more than one student, financial records of the student’s parents, and confidential letters and confidential statements of recommendation.

A student can request to view their academic records by submitting a written request to the Office of the Registrar, Student Financial Services, Academic Affairs or any other office through which a student would like to obtain records. Record inspection will ordinarily be in person by appointment within 45 days of the student’s request and require appropriate identification and the presence of the dedicated personnel of the office. Please note that a fee is charged for official transcript requests and the university retains the right to not provide copies of any records subject to inspection.

Under FERPA, an eligible student has the right to seek amendment or correction of their education records that they believe to be inaccurate, misleading, or in violation of their rights of privacy. However, while the university is not required to amend an education record in accordance with an eligible student’s request, the university is required to consider the request for amendment, to inform the student of its decision, and, if the request is denied, to advise the student of their right to a hearing on the matter. If, as a result of the hearing, the university decides not to amend the education records, then the eligible student has the right to insert a statement in the record commenting on the contested information or stating why they disagree with the decision, or both. That statement must remain with the contested part of the education record for as long as the record is maintained and be included whenever the contested part is disclosed.

While an eligible student has the right to seek to amend non-substantive factual errors in their education records, the right is not unlimited. The university is not required by FERPA to afford an eligible student the right to seek to change substantive decisions made by school officials, such as substantive decisions made in the context of grades given to a student based on their performance, other evaluations of the student’s performance, or disciplinary decisions.

FERPA does not limit disclosure or discussion of personal observations. For example, if a school official or college employee develops a concern about a student based on personal observations or a personal interaction with the student, the employee may disclose that concern to any school official without violating, or even implicating FERPA. In all cases, the student concern should be directed to the school official who is trained to evaluate and handle such concerns, including members of the Office of Student Affairs, the Wellness Center, or Campus Security.

Other than directory information, there are only a few exceptions that allow the release of information without the consent of the student.

In a true health or safety emergency, FERPA allows the University to disclose information to protect the student and others.

The University can inform the student’s parent or legal guardian of a drug or alcohol violation if the student is under the age of 21.

FERPA allows the University to disclose information in response to a duly issued subpoena or court order.

The University can share financial aid information with a parent in accordance with the Federal regulation.

In the case of all stated exceptions, Elmhurst employees should consult a University official, supervisor, or the Office of Registration & Records before considering any disclosure that is not expressly permitted by the law.

FERPA permits disclosures of information in a health or safety emergency if considering the circumstances and available information, sharing information is necessary to protect the health and or safety of a student or other individual.

Separate Federal and state laws limit what may be disclosed from a student’s health or counseling records, but these rules also have exceptions for safety and emergencies. Any school official who has a concern about a student’s health or safety should refer the matter to the appropriate office as quickly as possible. Should the concern be about an imminent danger, one should contact Campus Security or call 911.

Other than the exceptions previously noted, information can be released to parents or legal guardians only with expressed written consent of the student. It is important to note that FERPA does not require that the University release the information to the parent. Parental request for information is governed by the same rules as a student request for information and subject to release no later than 45 days after the request, but there is no requirement for immediate response.

All such requests should be reviewed with an appropriate college official or supervisor.