FERPA

Nazareth College is committed to upholding students' rights as outlined by the Family Educational Rights and Privacy Act (FERPA). 

Please contact Registration and Records at reg@naz.edu with any FERPA-related questions.

FERPA Basics for Nazareth College

The Essence
  • Federal law designed to protect the privacy of education records. It also provides guidelines for appropriately using and releasing student education records.
  • It is intended that students’ rights be broadly defined and applied. Therefore, consider the student as the “owner” of the information in his or her education record, and the institution as the “custodian” of that record.
  • With reference to FERPA, the term "parent" refers to either parent of the student whether custodial or non-custodial.
Education Records

Includes any record maintained by the institution that contains information that is personally identifiable to a student with some narrowly defined exceptions.These records include: files, documents, and materials in whatever medium (handwriting, print, tapes, disks, film, microfilm, microfiche) which contain information directly related to student and from which a student can be individually identified.

Directory Information

These data items are generally not considered harmful or an invasion of privacy if publicly available. Cannot be released if student has a “no release” on his or her record. See “Opt-Out of Directory Information Form” below. Every student must be given the opportunity to have directory information suppressed from public release. It is important to understand, that a “no release” does not mean that a school official within the institution who has a demonstrated legitimate educational interest (e.g., faculty member teaching the student in class) is precluded from requesting the information to perform that official’s job duties.

Each institution establishes what it considers to be directory information. While FERPA allows for the release of Directory Information, it does not require that the institution must release this information.

Nazareth limits Directory Information to:

  • Name, email, date of attendance, enrollment status, previous school attended, class, major field(s) of study, graduation honors, degrees conferred (including dates), and date of birth.
  • Directory Information does not include: race, gender, social security number (or part of a social security number), grades, GPA, country of citizenship, or religion.
Basic Rights of Students

Annual Notification

Every institution must notify students of their FERPA rights at least annually. At Nazareth this is done by posting FERPA notice in the college catalog, on the web and in email to all students. 

Inspection and Review

Students have the right to see everything in their “education record,” except:

  • Information about other students.
  • Financial records of parents.
  • Confidential letters of recommendation if they waived their right of access.

Right to Consent to Disclosure

Start with the premise that the student has the right to control to whom his or her education record is released. A student can authorize release of educational records by submitting signed consent. There are several exceptions when that permission is not required. Contact Registration and Records with questions.

FERPA Policy

Nazareth College FERPA policy.

FERPA Forms and Info Sharing for Students

Students can grant access to financial aid, billing, and/or grades through NazNet. Once logged in click your picture/user name at the top and select "View/Add Proxy Access."

                       

  • Permission to Disclose FERPA Release Form
    • Students who would like to give third parties, including parents, permission to discuss their educational records with Nazareth faculty or staff submit this form. 
  • Course Progress Disclosure Form
    • Students who would like to authorize faculty to release information related to their progress in a specific course instead of granting access to their entire academic record should complete and return this form to the specific faculty overseeing the selected course. A separate form is required for each class. 
  • Request to Review Records Form
    • Students who would like to review their educational records may submit this form.
  • Opt-Out of Directory Information Form
    • Students who would like their directory information suppressed may submit this form.

FERPA Information for Faculty/Staff

Sample Scenarios

 Scenario: Discussing a Student’s Grades with a Parent

Situation: A student’s parent calls the instructor to ask about their child’s grades in a class. The parent is very concerned and wants to know the student’s current grade, attendance record, and any performance issues.

FERPA Implication: Under FERPA, an instructor is not allowed to share a student's educational records with a parent unless the student has given explicit consent or is a dependent under IRS guidelines. Even if the parent is concerned, the instructor cannot share this information without written permission from the student.

Key Lesson: Instructors must keep educational records confidential and seek consent from the student before discussing their grades with anyone, including parents. Instructors can inform parents that FERPA limits disclosure of certain information unless the student has granted permission.

Scenario: Posting Grades Publicly with Student Identifiers

Situation: An instructor is preparing to post exam grades on a classroom bulletin board or on the course website. They decide to post the grades by using student IDs or by using an anonymous code.

FERPA Implication: Posting grades in a manner that identifies students by name or student ID without their consent violates FERPA. Even if the instructor uses anonymous codes, the method of publication could still be problematic if the students are identifiable.

Key Lesson: Grades should never be posted in a way that could link them back to a student without their explicit consent. Even using partial identifiers, like a student ID, can be a violation. Instead, instructors should use secure platforms that maintain student confidentiality, such as online learning management systems (LMS).

Scenario: Sharing Class Rosters with Other Students

Situation: An instructor shares the class roster (which includes student names and contact information) with the class to facilitate group work or peer interactions. One student asks the instructor to send out an email to the class on their behalf.

FERPA Implication: Sharing the class roster, which includes students' personal information (like email addresses), with others is a FERPA violation unless the student has provided consent to do so. FERPA protects the privacy of students’ educational records, which includes their contact information.

Key Lesson: Instructors should never share personal student information (like emails or phone numbers) without explicit consent. If students want to share contact details for group work, they should be allowed to do so voluntarily, and the instructor should not distribute this information to the class without prior permission.

Scenario: Discussing a Student’s Performance in a Public Setting

Situation: An instructor discusses a student’s academic performance during a departmental meeting in front of colleagues, or mentions it in a public setting such as a conference, without the student’s permission.

FERPA Implication: FERPA prohibits the disclosure of personally identifiable information (PII) from a student’s educational records to third parties, including colleagues or other faculty members, unless necessary for educational purposes and the individuals have a legitimate educational interest in the information.

Key Lesson: Instructors should be cautious when discussing student performance. Even in academic or professional settings, it’s important to avoid identifying students by name or referring to their specific academic records without student consent, unless there’s a clear educational purpose that justifies sharing the information.

Scenario: Using Student Data for Research

Situation: An instructor is conducting research and wants to use data about students (such as grades, demographic information, or attendance) from their classes as part of a study.

FERPA Implication: FERPA protects the use of student records in research. Before using any student data, the instructor must ensure that the data is either de-identified or they have received explicit consent from the students involved. Research involving identifiable student records requires proper consent or a legitimate exception under FERPA.

Key Lesson: Instructors should only use student data for research if they have obtained written consent from the students or if the data is de-identified (i.e., students cannot be identified directly from the data). Even if the data is anonymized, the instructor should verify whether it is permissible to use.

Scenario: Recording Lectures and Sharing Online

Situation: An instructor records their class lectures to share with students who missed class or for study purposes. They want to post the recordings online where students can access them.

FERPA Implication: If the lecture includes discussions of student names, grades, or other personally identifiable information, it may violate FERPA unless the students have given consent. Even if the lecture is mostly general, instructors should ensure that no private student information is shared.

Key Lesson: If recording lectures, instructors should be careful not to disclose any student information that is protected under FERPA. This includes avoiding situations where students' work or contributions (which could identify them) are included without their consent. Alternatively, instructors can anonymize student contributions or ask for permission to record and post lectures in advance.

Scenario: Dealing with a Student’s Transcript Request

Situation: A student approaches the instructor asking for a copy of their academic transcript. The instructor, being familiar with the student’s situation, offers to give them a printed copy of their unofficial transcript.

FERPA Implication: Instructors cannot provide students with a transcript unless it is done through the appropriate institutional channels (like the registrar’s office), as transcripts are part of a student’s educational record. Providing a transcript directly could lead to FERPA violations.

Key Lesson: Transcripts should be requested and provided through official institutional channels. Instructors are not authorized to provide students with official or unofficial transcripts directly. Any access to transcripts must follow institutional procedures.

Scenario: An Instructor Wants to Send a Letter of Recommendation

Situation: An instructor is asked to write a letter of recommendation for a student applying to graduate school. The instructor wants to include information like the student’s GPA and performance in the class.

FERPA Implication: FERPA allows instructors to write letters of recommendation but only if the student has given explicit written consent to release their records. The student must provide this consent in writing, and the instructor cannot include confidential information (like grades) without the student’s permission.

Key Lesson: Before writing a letter of recommendation, instructors must ensure they have the student's written consent to disclose any personally identifiable information, such as GPA or class performance. The student should specify what information may be shared.

Scenario: Handling Student Work

Situation: An instructor returns graded assignments to students but leaves unclaimed assignments in a pile in a public space, such as the hallway, for students to pick up.

FERPA Implication: Leaving assignments unclaimed in a public space or handing them out to the wrong student may violate FERPA if the assignments contain personally identifiable information (like names or grades).

Key Lesson: Assignments with identifiable student information should be returned to students directly, either during class or through a secure method, to protect student privacy. Instructors should not leave such materials in public spaces or allow students to pick up their work without appropriate safeguards.