Understanding BYU Student Directory Information and FERPA

The Family Educational Rights and Privacy Act (FERPA), enacted in 1974 by the United States Congress, grants students specific rights regarding their education records. These rights are particularly relevant to students attending postsecondary institutions like Brigham Young University-Idaho, Ensign College, and those in online programs supported by BYU-Pathway Worldwide. This article aims to clarify these rights and how they apply to student directory information at BYU-affiliated institutions.

FERPA: Protecting Student Education Records

FERPA is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a postsecondary institution.

Core Student Rights Under FERPA

Students at BYU-Idaho, Ensign College, and in BYU-Pathway Worldwide programs have the following key rights under FERPA:

Right to Inspect and Review Education Records: Students have the right to access and review their education records within 45 days of submitting a written request. This request should be directed to the registrar, dean, department head, or another appropriate official, clearly specifying the records they wish to inspect. If the requested records are not maintained by the initially contacted official, the student will be informed of the correct official to address.
Right to Request Amendment of Education Records: If a student believes their education records are inaccurate or misleading, they can request an amendment. The student must submit a written request to the university official responsible for the record, clearly identifying the specific part of the record they want changed and explaining why it is inaccurate or misleading. It's important to note that this right does not apply to grade changes. If the University denies the amendment request, the student has the right to a hearing.

Read also: Accessing the Cornell Directory
Right to Consent to Disclosure of Personally Identifiable Information: Students have the right to control the disclosure of their personally identifiable information contained in their education records. However, FERPA does allow for certain exceptions where disclosure is permitted without consent, such as to school officials with legitimate educational interests.

School Officials and Legitimate Educational Interests

A "school official" is defined broadly as someone employed by the University (BYU-Idaho, Ensign College, or BYU-Pathway Worldwide) in an administrative, supervisory, academic, research, or support staff position. This includes law enforcement unit personnel, health staff, individuals or companies under contract with the University (e.g., attorneys, auditors, collection agents), members of the Board of Trustees, and students serving on official committees.

A school official has a "legitimate educational interest" if they need to review an education record to fulfill their professional responsibilities. This ensures that access to student information is limited to those who require it for legitimate educational purposes.

Public or Directory Information

Certain information is considered "public" or "directory" information and can be released by the University without prior student consent. While the specific types of information included may vary slightly between institutions, it generally includes items like:

Student name
Address
Telephone number
Email address
Photograph
Major field of study
Dates of attendance
Enrollment status (e.g., full-time, part-time)
Degrees and awards received
The most recent educational agency or institution attended by the student

It is important to note that even though this information is considered accessible to third parties, the University has procedures for scrutinizing requests and releasing information.

Read also: Student Directory Information

Restricting the Release of Directory Information

Students have the right to prevent the release of their public directory information. To do so, they must complete a "Request to Withhold Directory Information" form at the Student Records and Registration Office (or the equivalent office at their institution). At BYU-Idaho, this form must be completed within the first few days of each semester or term for complete confidentiality. At Ensign College, students must file a written request with the Registrar’s Office to restrict disclosure of all directory information. Students may also unlist some or all directory information online by logging into MyEnsign and clicking the Student Center.

Parental Access to Student Information

FERPA also addresses the rights of parents or guardians regarding access to their children's education records.

Grade Reports for Dependent Students

Parents or guardians who claim a student as a dependent on their most recently submitted Federal Income Tax form may have grade reports forwarded to them. To receive grade reports, parents must submit a Certificate of Dependency Form. No grade report will be sent without proper submission of this form. The Student Records and Registration Office is responsible for informing parents of dependent children about this option.

Independent vs. Dependent Status

Married students or those 21 years of age or older are considered independent by the Student Records and Registration Office. Unmarried students under 21 who are not claimed as dependents must submit an Affidavit of Independent Status to be considered independent. Students may also submit a Waiver of Independent Status, authorizing parental access to their grades regardless of their dependency status.

Practical Application of FERPA for Employees

Employees of BYU-Idaho, Ensign College, and BYU-Pathway Worldwide must understand and adhere to FERPA regulations. The key principle is to avoid releasing "personally identifiable information" or confidential information without the student's expressed written consent.

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Departments requesting student information should provide a written request with the signature of their Vice President, Program Chair, or director, explaining the need for the information and how it will be used. This ensures that access to student data is carefully controlled and only granted when necessary.

BYU-Pathway Worldwide and FERPA

BYU-Pathway Worldwide complies with FERPA to the extent that it provides services to students enrolled in online programs of BYU-Idaho and Ensign College. Students in these programs have the same FERPA rights as on-campus students.

Filing a Complaint

Students who believe that BYU-Pathway Worldwide, BYU-Idaho, or Ensign College has failed to comply with FERPA requirements have the right to file a complaint with the U.S. Department of Education. Complaints should be directed to:

Department of EducationStudent Privacy Policy Office400 Maryland Ave, SWWashington, D.C. 20202-8520

tags: #byu #student #directory #information