FERPA for Students and Parents
FERPA for Students and Parents Heading link
The Family Educational Rights and Privacy Act, as amended, (FERPA) also known as the Buckley Amendment, is a federal statute that was originally enacted in 1974, and later supplemented with implementing regulations, to protect the privacy of student educational records. All institutions that receive federal funding must comply with FERPA.
During primary through secondary institutions (K-12) the rights created by FERPA belong to the parents of a student. When a student turns 18 years of age, or regardless of age, enters a post-secondary institution, such as UIC, the rights created by FERPA transfer to the student and a parent no longer has the right to access a student’s education record without a student’s consent, except under very limited circumstances. For purposes of FERPA and the UIC Student Records Policy, a “student” is defined as an individual who has both registered for classes and been in attendance (in person or virtually) at UIC regardless of age or degree status.
For Students: Heading link
FERPA for Students
What rights are granted to students by FERPA? Heading link
What rights are granted to students by FERPA?
- UIC Students have the right to physically review their own Education Records in the presence of a designated University representative. Where necessary and reasonable, an explanation and interpretation of the record will be provided by qualified University personnel. Student access may include electronic means.
- The Student is required to submit all requests for access to their records in writing to the appropriate records custodian and will be required to present appropriate identification.
- The appropriate records custodian shall comply with the request within a reasonable amount of time, not to exceed 45 days after receipt of the request.
- Original records may not be removed from any office where they are maintained.
- UIC students have the right to request an amendment to the student’s education records on the grounds that the student believes the record or information within the record is inaccurate or misleading or otherwise in violation of their privacy rights.
- While a student has the right to seek to amend non-substantive factual errors in the student’s education records, the right is not unlimited, and UIC is not required by FERPA to afford a 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 or other evaluations of the student’s performance.
- To request an amendment to the Education Record, the Student shall, within sixty (60) days after inspecting and reviewing the record in question for the first time, file with the University office responsible for maintaining such records, a written request for amendment stating the grounds for that amendment.
- The unit head, or an authorized designee, shall review the record in question with the Student and either amend the record as requested or notify the Student of the right to a hearing.
- Information regarding the hearing procedures is found in our Student Records Policy.
- UIC students have the right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
- Student information can be released upon completion of our FERPA – Consent to Release Educational Records form.
- Among the exceptions that permit disclosure without consent is disclosure to school officials with legitimate educational interests: Student Records Policy. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill their professional responsibility.
- Another exception allows the University to discloses education records without consent to officials of another school in which a student seeks or intends to enroll.
- Directory information may be released without the student’s consent unless the student has opted out of said disclosure. Currently enrolled students may suppress directory information by following the directions found in our Confidentiality of Student Records webpage.
Limitations on Right to Inspect or Review
A Student does not have the right to inspect or review the following:
- Financial records and information of their parent(s).
- Confidential letters or materials placed in records prior to January 1, 1975, as long as they are used only for the purposes for which they were written.
- Confidential letters or materials placed in records after January 1, 1975 if the Student has voluntarily submitted a written and signed waiver. Such letters and statements must be related to the Student’s admission to the University, application for employment, or receipt of an honor or honorary recognition. If the Student has waived the right of inspection, the University will provide the Student, upon request, the names of the individuals who provided the letters and statements of recommendation. A waiver may be revoked with respect to any actions occurring after the revocation. A revocation must be made in writing.
- If an Education Record contains information about more than one Student, the Student may inspect and review or be informed of only the specific information about that Student. As such, that record may be censored (e.g. crossed-out or blanked-out) to protect information about the other Student(s).
What information must be contained in a valid FERPA consent for the Release of education records to third parties?
As a general rule, neither a student’s education records or PII from those education records may be disclosed to third parties without the student’s prior written consent, with a few exceptions . At UIC, this consent is referred to as a FERPA- Consent to Release Records and it must:
- Specify the record(s) to be released
- State the purpose of the disclosure
- Identify the party(ies) to whom disclosure may be made
- Be both signed (a Checked digital signature box will suffice) and dated.
Complete FERPA release:
What does a FERPA Consent to Release Records not allow?
The FERPA release does not give the authorized person(s) access to:
- Automated/online access to student’s grades or instructors’ gradebooks (in progress or final).
- Free or guaranteed transcripts. The authorized person(s) must order and pay for official transcripts. The student has the right to deny release of the transcript even if a FERPA release is on file.
- Financial information. For information on becoming an authorized payer on a student’s account, please visit the Bursar’s Website.
- Student’s medical information.
- Grades or GPA information from campus staff over the phone.
When do students’ FERPA rights begin?
- A person becomes a student for purposes of FERPA when they are “in attendance” at an institution. This includes attendance in person or remotely by videoconference, satellite, Internet, or other electronic and telecommunications technologies.
- At UIC, we define a student as a person who is or has been in attendance at the University of Illinois Chicago, in a course of study either on campus or off campus, and for whom the University maintains Education Records or personally identifiable information. This does not include prospective students.
- According to UIC policy, FERPA becomes effective for those newly admitted students who have scheduled and attended at least one course. A student who accepted an admission offer but did not schedule and attend a least one class or a newly admitted student who canceled his or her registration either before or after the semester begins, is not considered “in attendance” and therefore, not covered by FERPA.
How long is a FERPA release in effect? Can I rescind a FERPA release?
- Once signed, a FERPA release remains in effect until the student rescinds the authorization.
What is an education record?
- Education records are defined as records, files, documents, and other materials that contain information directly related to a student and are maintained by UIC or by a person acting for the University. Education records take many forms, including paper and electronic.
- Education records include (but are not limited to):
- Grades
- Class lists
- Student course schedules
- Student financial records
What is not an education record?
- Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the records.
- Records created and maintained by a law enforcement unit for law enforcement purposes.
- Employment records, so long as they are maintained separately from any Education Record. Employment records relating to individuals in attendance at UIC who are employed as a result of their status as a Student are considered Education Records.
- Records made or maintained by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional that are used in connection with treatment of the student and are disclosed only to individuals providing the treatment.
- Records that only contain information about a person after that person is no longer a student at the educational institution, such as alumni files.
What is “Directory Information”?
- Directory Information includes information contained in the Education Record of a Student which would not generally be considered harmful or an invasion of privacy if disclosed.
- Directory Information can be released without the student’s written consent, unless the student affirmatively opts out of disclosure.
- At UIC, directory information includes:
- Name
- University Identification Number (UIN).
- University e-mail; and permanent city, state, and postal ZIP code.
- Class/Level (Graduate, Undergraduate, Professional, Nondegree/Freshman, Sophomore, Junior, Senior).
- College and major field of study/Concentration/Minor.
- Day and month of birth.
- Participation in officially recognized activities and sports.
- Weight and height if the student is an athletic team member.
- Dates of admission/attendance.
- Attendance site (campus, location).
- Expected graduation date.
- Degrees conferred, with dates.
- Current term hours enrolled and enrollment status (full-time, part-time, not enrolled, withdrawn and date of withdrawal).
- Awards, honors and achievements (including distinguished academic performance), with dates.
- Eligibility for membership in honoraries.
- For Students appointed as fellows, assistants, graduate, or undergraduate hourly employees, the title, appointing department, appointment date, duties and percent time of appointment.
- Video and photographic images of students taken by the University during public events with the exception of the official UIC identification photograph.
- For additional details, please see our UIC Directory Information information page.
Can I Suppress my Directory Information?
- Prior to the tenth day of instruction for a specific term, students have the right to request that directory information be kept confidential. Requests will be in forced until the student notifies the Office of the Registrar that the information no longer needs to be restricted.
- Students may not request directory information be kept confidential for the purpose of preventing the university from disclosing or requiring a student to disclose the student’s name, UIN, or university email address in a class in which the student is enrolled.
- Suppression of Directory Information does not prevent the University from disclosing Education Records or information from Education Records without a student’s consent where otherwise allowable.
To supress your directory information, you may email the Office of the Registrar at registration@uic.edu using your university assigned email address.
Where can I obtain additional information about FERPA?
For more information about FERPA, contact the Office of the Registrar
University of Illinois Chicago
Office of the Registrar
1200 West Harrison St., Suite 1200
Chicago, IL. 60607
The name and address of the Office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605
For Parents: Heading link
FERPA for Parents
General Information for Parents Heading link
For Parents:
Parents can sometimes feel marginalized by the lack of access to academic information at their child’s college—especially when the price tag warrants a high degree of their attention. We’ve provided the following information to help parents understand student record privacy issues in the higher education setting.
FERPA was enacted, in part, to protect the right of students to have an accurate educational record, protected from disclosure without their permission, and otherwise accessed only by school officials with a legitimate educational need to see the data. FERPA, forms the basis for existing UIC policies, such as the Universities obligation to provide an annual notification to students of their FERPA rights. That annual notice, explains how students can gain access to request the correction of their education records; provides a list of records custodians who may maintain education records; differentiates between data that may be disclosed without a student’s consent (i.e., “directory information”) and data that requires a student’s consent before it can be disclosed; and instructs students on how to suppress the release of “directory information”. This policy is found on our Confidentiality of Students Records page.
Significant to parents is the FERPA regulations that transfers all rights under the Act to the student as soon as they enter the higher education setting. Article 99.5 (a) states, “When a student becomes an eligible student, the rights accorded to, and consent required of, parents under this part transfer from the parents to the student.” At UIC, an “eligible student” is defined as an individual who has registered for classes and has been in attendance at the University of Illinois Chicago, in a course of student either on campus or off campus, in person or virtually, and for who the University maintains Education Records or personally identifiable information, regardless of degree status, and regardless of age. The full text of the act and frequently asked questions can be found on the Department of Education website.
UIC defines “education records” to include those records (in handwriting, print, tape, film, diskette, or other medium, including those that are maintained electronically) that are directly related to a Student and are maintained by the University of Illinois at Chicago or any subunit thereof or by any party acting for the University. This includes but is not limited to all biographical, application, and matriculation data. As a general rule, the University will not release education records or information from education records to any third party without the express written consent of the student. There are some limited exceptions to that general rule, such as the nonconsensual release of “director information”. If your child has chosen to suppress their directory information, no information about the student may be shared, including whether or not they are in attendance at UIC. In response to requests for directory information about those students who have suppressed disclosures, all staff are instructed to say, “There’s no information available for any student by that name.” The University must comply with these federal regulations or be subject to penalties, which could include loss of federal funding.
A few occasions exist in which a parent may have access to information in their child’s record. These include when a student gives written permission to release the information, when the parent can provide proof of dependency status of the student via a federal income tax statement (see our Student Records Policy), and, in other limited circumstances, (e.g., when a student has violated campus rules or other laws governing the use of alcohol or controlled substances) (see our Student Records Policy). In a divorce situation, both parents are accorded equal rights to the student’s record even if only one of the parents has proven dependency.
This clear-cut regulation can be frustrating for parents who have previously been privy to the details of their child’s educational history. Our best advice is to talk to your child. Remain involved and ask questions about their classes, their schedule, and their degree requirements. Following are some suggestions about what to request from your child:
- Confirm that your child is taking classes that fulfill the general education requirements.
- Make sure that your child is on top of advising appointments, has selected all courses for early registration, and knows about his or her time ticket (or early registration time assignment).
- If your child’s a senior, confirm that they have added their name to the applicable graduation list and has met with their college records officer.
- Request that your student set up a login and password for you to access tuition and fee charges so you can see the itemized bill and payments.
- Request to see specific information, including printouts from the student information system (Student Self-Service) that shows your child’s schedule, their academic history, grades (midterm and final), and GPA.
- Request that your child order an official university transcript.
- Request that your child print out their degree audit report, which shows progress toward degree requirements and what’s still needed (questions about this report should be referred to the college office). Sometimes students miss key information, so you can be very helpful by looking through the document and asking questions pertaining to your interpretation of the report.
Along with parents, University staff play an important role in the transition of a child from a dependent teen to an independent young adult. Even though staff can’t release specific information about student academics to parents, they can respond to general questions about campus policy or how to handle a hypothetical situation. Remember, they’re interested in and concerned about the progress and success of each student. We want each individual to mature in ability to manage time, organize, and establish life skills, both academic and emotional.
Your child’s college advisor is also available to assist with general questions pertaining to undergraduate academics. You shouldn’t hesitate to contact the Office of the Dean of Students if you have an emergency or other threatening concern about your student.
Finally, you shouldn’t hesitate to contact the Office of the Dean of Students if you have an emergency or other concern about the health or safety of your student.
What are parents’ rights under FERPA?
- During primary through secondary institutions (K-12) the rights created by FERPA belong to the parents of a student. When a student turns 18 years of age, or, regardless of age, enters a post-secondary institution, such as UIC, the rights created by FERPA transfer to the student and a parent no longer has the right to access a student’s education records without a student’s consent, except under very limited circumstances. For purposes of FERPA and the UIC Student Records Policy, a “student” is defined as an individual who has both registered for classes and been in attendance (in person or virtually) at UIC regardless of age or degree status.. In other words, at UIC, FERPA rights belong to the student, not the parents.
- Please see our Disclosure of Information from Education Records to Third Parties for additional information.
Are there any exceptions to the restrictions limiting the release of student information?
There is a health and safety exception to FERPA regulations. If a student is considered a threat to themselves or to others, or there is a need to protect the health and safety of the student for some reason, information may be shared with parents. A school may also disclose to parents any violation of the use or possession of drugs or alcohol by students under twenty-one. An important note here is that the law allows, but does not require, such information to be released to parents.
I am paying for my child’s tuition. Can I see my student’s account and invoice?
No, Student account and invoice information is confidential information and part of student’s education records which is protected under FERPA. However, they can grant you access to their financial information by adding your name as an Authorized Payer.
I have a family emergency and am calling to find out where my child is at this moment. Can you tell me where they are at?
No, a student’s class schedule is not directory information. If your child gave you access to their academic records, you should be able to view your child’s class schedule.
In a case of a crisis or emergency situation, University of Illinois Chicago may contact Campus Security, 312-355-5555 in an effort to contact the student for you.
If non-directory information is needed to resolve a crisis or emergency situation, an education institution may release that information if the institution determines that the information is “necessary to protect the health or safety of the student or other individuals.” Factors considered in making this assessment are: the severity of the threat to the health or safety of those involved; the need for the information; the time required to deal with the emergency; and the ability of the parties to whom the information is to be given to deal with the emergency
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