The Family Educational Rights and Privacy Act (FERPA) is a Federal law that protects the privacy of student education records. FERPA gives parents certain rights with respect to their children's education records. Once a student turns 18 or enrolls in an institution of higher education, the rights belong to the student. The student's primary rights are: the right to inspect and review their education record; the right to seek to amend their education record; and the right to have some control over the disclosure of information from education records. The FERPA statute is found at 20 U.S.C. § 1232g and the FERPA regulations are found at 34 CFR Part 99. For more information, visit the Department of Education website. Show Complete the FERPA Consent Form electronically by following the link below: FERPA Consent to Release Educational Records Waiver (Note, you must sign into your MyMail Account) No, but without a release authorization students and parents can request to see copies of everything you send. You must then provide access to the requested information within 45 days.Long Answer FERPA §99.31(a)(2) permits disclosure of Personally Identifiable Information from an educational record without prior consent when that disclosure is part of an application for enrollment in another academic institution. However, this is subject to §99.34.
Does FERPA even apply to my high school?Short Answer Probably, but not necessarily. Long Answer FERPA regulations apply to any public or private agency or institution “to which funds have been made available under any program administered by” the U.S. Department of Education. This includes funds provided “by grant, cooperative agreement, contract, subgrant, or subcontract” as well as funds “provided to students attending the agency or institution” which are paid “to the agency or institution by those students for educational purposes, such as under the Pell Grant Program and the Guaranteed Student Loan Program.” If FERPA applies to any part of an educational agency or institution, then the regulations “apply to the recipient as a whole, including each of its components (such as a department within a university).” FERPA does not apply if students attending an educational agency or institution solely receive non-monetary benefits under a program administered by the Department of Education Does SCOIR’s electronic signature on the FERPA Release and FERPA Waiver constitute a valid signature?Yes, FERPA §99.30(d) states that written consent “may include a record and signature in electronic form that (1) identifies and authenticates a particular person as the source of the electronic consent; and (2) indicates such person's approval of the information contained in the electronic consent.” Usernames and passwords satisfy the identification and authentication element in part (1) of this provision. Is it OK for teachers who are providing letters of recommendation to see students’ GPAs, standard test scores, and/or transcripts without first obtaining a release?Yes, FERPA §99.31(a)(1)(i)(A) specifically permits the disclosure of such information to “other school officials, including teachers,” within the school provided they “have legitimate educational interests.” What are the issues for counselors and teachers if a student does not provide a FERPA Waiver?It’s possible, but unlikely, that a student will read your letters of recommendation once they are in college. Without a signed waiver, a student has the right to access confidential information related to her/his application of admission. This right only applies to those held by colleges in which they are enrolled. The student would have to go through a formal FERPA request process to access those records, and there’s no requirement of colleges to hold those letters of recommendation after an admissions decision is made. What's the difference between a FERPA Release and a FERPA Waiver?Both documents provide clarity with regards to the disclosure of personally identifiable information contained in education records and protect the confidentiality of information provided during the college application process. The FERPA Release applies to the high school and should be collected and maintained by the high school. The FERPA Waiver applies to colleges and should be forwarded to colleges along with other application-related documents. Who needs to sign the FERPA Release and FERPA Waiver - student, parent or both?Short Answer FERPA Release: If the student is 18 or older, then only the student needs to sign. If the student is under the age of 18, then only a parent/guardian needs to sign. FERPA Waiver: Only the student needs to sign. Long Answer FERPA §99.30 requires “a signed and dated written consent” from a “parent or eligible student” prior to disclosing “personally identifiable information from the student's education records.” §99.3 defines ‘eligible student’ as "a student who has reached 18 years of age or is attending an institution of postsecondary education.
Why is SCOIR’s release and waiver language more closely resembles language used in the FERPA legislation and provides both high school counselors and college admissions offices greater protection and clarity.
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