FERPA Overview

Parents can sometimes feel marginalized by the lack of academic information they receive from 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.

In 1974, federal law 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. This law, known as the Family Educational Rights and Privacy Act (FERPA), forms the basis for Illinois policies now in place, such as an annual notification to students of their FERPA rights, which explains how they can inspect or correct their educational record, gives lists of data custodians of student record information, differentiates between public data (i.e., directory information) and confidential data, and instructs students on how to suppress the release of public information. This policy is found on our Confidentially of Students Records page.

Significant to parents is the portion of the law that transfers all rights of 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, this applies when the student has registered for classes, even if the student is under 18 years of age, and is indefinite. The full text of the act and frequently asked questions can be found on the Department of Education website.

All student data maintained by the University of Illinois Chicago is part of the educational record, including but not limited to all biographical,  application, and matriculation data. Other than public information classified as directory information, there’s to be no release of the educational record to any party without the express written consent of the student. If your child has chosen to suppress their directory information, there’s less information to share. Instead, 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 prove dependency status on a federal income tax statement (see our Student Records Policy), and, in limited circumstances, 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 the right to the 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:

• 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, confirming that he or she has added his or her name to the applicable graduation list and has met with his or her 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 they 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.

Here are some best practices to help you protect student education records.

• Avoid using e-mail for sensitive information.
• Use the Protected E-mail Attachments Repository (PEAR) or Box to transmit highly sensitive information.
• Use password protection on computer files, if possible.
• Keep storage media in a secure, locked location.
• Restrict access to your computer and configure it to automatically lock after a period of inactivity.
• Never leave student data displayed on your computer screen.
• When you have finished a task, exit all files, sign out of all applications, and close all windows
• Consult with your unit or the RIMS website to find out your responsibilities related to the disposal of education records.

Asking for a UIN to locate a record is fine. Using a UIN only as a way to verify that a person is who he or she claims to be is NOT fine.

Do not give out any information about a student’s educational record until the student’s identity is authenticated or unless a signed Family Educational Rights and Privacy Act (FERPA) release form from the student allowing release to the specific caller has been processed.

Once a record is located using the UIN, Banner users must authenticate the student with questions that the student should know. Listed below are suggested questions using Banner forms that are available to many Banner users. You can use one or more of these questions depending on the sensitivity of the Banner data a student requests:

1. Using SPAIDEN

• Date of birth?
• Current mailing address?
• Current permanent address?
• Emergency contact(s)?
• Address at time of application to Illinois?
• Email address used at time of application to Illinois?

2. Using SGASTDN

• Major?
• College?
• Class level?

3. Using SFAREGQ

• Courses registered for this term?
• Name(s) of instructors(s)?

Banner users may wish to vary the Banner forms used to check identity for callers so that the same questions are not asked of each caller.

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 office and will be required to present appropriate identification.
• The appropriate office 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.

The right to request the amendment of the student’s education records that the student believes are inaccurate or misleading.

• A Student has the right to request an amendment to their Education Record if they believe that it is inaccurate, misleading, or otherwise in violation of their privacy rights.
• 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.
• Within thirty (30) days following receipt of such request, the unit head, or an authorized designee, shall review the record in question with the Student. The unit head/designee shall either amend the record as requested or notify the Student of the right to a hearing at which the Student and other persons directly involved in the establishment of the record will have an opportunity to present evidence to support or refute the contention that the subject record is inaccurate, misleading, or otherwise in violation of the Student’s privacy or other rights.
• If the University decides not to amend the record as requested by the student, the University will notify the student of the decision and advise the student of their right to a hearing regarding the request for amendment. Information regarding the hearing procedures is found in our Student Records Policy.

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.
• Upon request, the University 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. Currently enrolled students may suppress directory information by following the directions found in our Confidentiality of Student Records webpage.

A Student may not inspect or review the following:

1. Financial records and information of their parent(s).
2. 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.
3. Confidential letters or materials placed in records after January 1, 1975 if the Student has voluntarily submitted a written waiver, signed by the Student. 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.
4. 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).

• In primary and secondary educational institutions (i.e. K-12), FERPA rights belong to the parent. However, when the student reaches the age of 18 or begins to attend a post-secondary institution, regardless of age, all FERPA rights transfer to the student. 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.

A student’s education records may be disclosed only with the student’s prior consent, with a few exceptions . The prior written consent must:

• Specify the record(s) to be released
• State the purpose of the disclosure
• Identify the party(ies) to whom disclosure may be made
• Check digital signature box

Complete FERPA release:

• FERPA – Consent to Release Records

The FERPA release does not give the authorized person(s):

• 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.
• Access to financial information. For information on becoming an authorized payer on a student’s account, please visit the Bursar’s Website.
• Access to medical information.
• Ability to request grades or GPA information from campus staff over the phone.

• 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 at least one course.  A student who accepted an admission offer but did not schedule 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.

• Once signed, a FERPA release remains in effect until the student rescinds the authorization.

• 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

• 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.
• 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.

• Directory information
• Information that the student has given written consent to release
• Information needed by UIC employees who have a legitimate educational interest
• Information needed by certain government agencies
• Information needed in the case of emergencies or judicial orders or subpoenas
• Information released to parents in cases where students have been found responsible for violating a law or University policy related to drug and/or alcohol abuse

• 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.
• It is information that can be released without the student’s written consent, unless the student 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 directory information please see our UIC Directory Information information page.

1. 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 force until the student notifies the Office of the Registrar that the information is no longer to be restricted. On the tenth day of instruction, all directory information that has not been restricted by the student may be released without the student’s prior consent.
2. 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.

To supress your directory information, you may email the Office of the Registrar at registration@uic.edu using your university assigned email address.

In practice, FERPA limits how information about a student can be shared.  You have a responsibility to protect all education records in your possession.

The following is not a comprehensive list of FERPA requirements, but does outline some requirements for faculty and staff related to student information and records:

• Do not share any information (including grades and academic progress) about a student with other students.
• Do not leave any paperwork or documents that contain student grades or other information in view of others (including other faculty and staff) who do not have a legitimate educational need for that information.
• Do not discuss any student’s information or academic progress while others nearby are able to hear.
• Do not publicly post grades or return papers in a way that connects a grade with an identifiable student. Do not leave papers outside of your office for anyone to pick up or see.
• Do not send group emails or texts to students where any information regarding grades or academic progress is discussed and could be connected to a specific student.
• Do not share information about a student’s schedule with others (including other students).
• Do not release grades or information about a student to anyone (including parents), unless the student has provided express written permission.
• Do not share your UIC passwords with others or provide access to a computer where confidential student information can be seen.

Email is an easy way to communicate with students and parents. Prior to sending an email, it’s important to evaluate the risk associated with sending student information and recognizing if it is personally identifiable information (PII). This video walks you through best practices on how to email student information.

Every time you give information about a student to anyone:

• You must have a record of the request for access and each disclosure of student information.
• The record must identify the parties who requested the information and their basis for such request.
• The record of disclosures must remain in the file for as long as the educational records are maintained.

Exceptions: Records of requests and disclosures do not have to be maintained for requests by the parent or eligible student; university officials with a legitimate educational interest; or a party seeking directory information.

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

records@uic.edu

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

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