FERPA and Faculty

The Family Education Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student records. Prior to age 18, parents have rights pertaining to their child’s educational records. Once 18, individuals have rights to their records. Students have the right to review their records, to request a correction to records, and to consent to the disclosure of their records. Schools can only share educational records with written permission (with some exceptions). Parents cannot view educational records unless the student has waived this right. PSEO students are granted the same protections as regularly enrolled students.

What is an Educational Record?

Educational records must (1) “directly” relate to a student and (2) must be maintained by an educational institution. This includes:

classlists
grades and transcripts
course schedules
assignments, exams, papers
email addresses
advising records

These records may be physical or electronic. These do not include law enforcement records, employment records, medical records (may be covered by HIPAA, or post-attendance records).

FERPA Guidelines for Faculty

Recommended DO NOT:

Do NOT use any part of a student's name or ID number in a public posting of grades.
Do NOT leave graded papers, exams, or assignments in a public place.
Do NOT pass around a printed class list with student names and ID numbers as an attendance roster.
Do NOT discuss student performance with anyone other than the student without their consent.
Do NOT provide a list of students enrolled in your course.
Do NOT leave student records in the garbage or recycling.
Do NOT review student records "out of curiosity".
Do NOT email student information without encrypting the email (even to the students themselves).
Do NOT talk with parents or other family members without confirming the student has signed the waiver (on file with Registrar).
Do NOT share video recordings that include student names or images from previous semesters.

Recommended DO:

DO ensure that you are communicating with the correct student
DO use D2L Brightspace gradebook to share grades with students.
DO hand back physical papers, exams, assignments directly to individual students.
DO discuss students and student activities in a private space.
DO shred paper with student data.
DO ask for help or clarification when needed.
DO follow all appropriate data retention processes and timelines.

FERPA & D2L Brightspace

Adding Instructors or Students

TLT will only add faculty or staff to an active course with a "reviewer" role (no access to student data) and with instructor permission.
TLT will NOT add students to an active course unless they are enrolled in that course.
- Exceptions are for registered tutors, teaching assistants, and graduate assistants.
TLT will help you share content with another instructor.

More Information

For more information, contact Lori Mikl (Legal Affairs), Toby Schmidt (CISO), or the Warrior Hub.

Contact TLT for questions about D2L Brightspace and email encryption.