Understanding the FERPA Eligible Student Definition

The Family Educational Rights and Privacy Act (FERPA), also known as the Buckley Amendment, is a federal law enacted in 1974 to protect the privacy of students and their educational records. It grants students specific rights regarding their education records and limits third-party access to those records.

Core Principles of FERPA

FERPA ensures that students have the right to:

Inspect and review their educational records.
Request an amendment to records that are believed to be inaccurate or misleading.
Control the disclosure of their educational information.

Defining the "Eligible Student" Under FERPA

The term "eligible student" is central to understanding FERPA's protections. According to FERPA, an "eligible student" is defined as:

A student who has reached 18 years of age, or
A student attending an institution of postsecondary education, regardless of age.

This means that once a student turns 18 or begins attending a postsecondary institution, the rights under FERPA transfer from the parents to the student.

Postsecondary Education

An institution of postsecondary education is one that provides education to students beyond the secondary school level (not beyond grade 12).

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Enrollment and Attendance

For FERPA purposes, an individual is considered a student if they are or have attended a class and their information is in the Student Information System (SIS). A student does not need to be enrolled in a program of study to be an eligible student. An individual who has never attended the institution is not considered a student. An individual who is or has been enrolled in one component unit of an institution and who applies for admission to a second unit has no right to inspect the records accumulated by the second unit until enrolled therein.

Johns Hopkins University considers students to be in attendance on the first day of the first term in which the student is enrolled for academic credit in one or more classes as part of degree or non-degree offerings under any instructional delivery method/modality.

Virginia Western staff will not respond to phone calls from potential employers to verify enrollment for students who have submitted an official request of non disclosure without the student’s written authorization.

Special Cases

Early Matriculants, Former Students, and Visiting Students:The definition of a student includes early matriculants (fall semester admits attending summer term), former students, individuals who are taking classes for academic credit but have not been admitted to a degree or certificate program, visiting students.

Applicants:The definition does not include prospective students, applicants who have been admitted but did not attend, applicants who have been denied admission, and individuals participating in lifelong learning/continuing education programs not taken for academic credit available through one of JHU’s academic divisions.

Minors in University Programs:Parents of individuals under the age of 18 in attendance at a university program that does not offer a postsecondary degree or certificate shall retain FERPA rights for the participant.

Students who have applied for admissions, but have NOT been admitted:Persons who have applied for admissions, but have NOT been admitted to UNLV are NOT covered by FERPA. Persons who have received an offer of admission but who have not accepted the offer are NOT covered by FERPA. To meet UNLV's definition of eligible student, a person first must have received an official offer of admission and must have accepted the offer of admission.

Rights of Eligible Students

Once a student is considered "eligible," they have several rights under FERPA:

Right to Inspect and Review Education Records

Current and former students have the right to inspect and review their Education Records within 45 days of the date that the University receives a request for access. A request that identifies the Education Record(s) to be reviewed or inspected must be submitted, by the student, to a School Official such as a Dean, department chair, or advisor they are advising to notify the Office of the Registrar and ensure that the records are not maintained by the School Official to whom the request was made, that School Official shall advise the student of the correct individual to whom the request should be made. The Registrar will make arrangements for access to the records and will notify the student of the time and place where the records may be inspected. The student may secure a copy of every document in the record which is open to them. These copies will be made by the Registrar or other designated officer under the same terms, conditions, and charges, such as a copy of an official transcript at $12.00, for each request. Copies will be ready within ten (10) working days of the request. In order to review an educational record, a student or a parent of a dependent student must submit in writing a request to review such record to the Registrar. The request must identify the record(s) he or she wishes to review. The Registrar will respond to the inquiry within a reasonable amount of time, but within the forty-five (45) day requirement prescribed by FERPA, informing of the date, time and place that the record(s) may be viewed. If the record is not housed within the Registrar’s Office, the staff will direct the student to the appropriate office in which the record is maintained.

Right to Request Amendment of Education Record

Cooper Union provides a student with the opportunity to request amendment(s) to the contents of an Education Record which they consider to be inaccurate, misleading, or otherwise in violation of their privacy or other rights. Such a request for amendment to the record must be made in writing and although Cooper Union is not required to amend the record, any such request will be considered. The School Official who receives such a request will coordinate with Cooper Union’s Registrar and decide within a reasonable time whether corrective action consistent with the student’s request will be taken. The student will be notified of the decision. If the decision is in agreement with the student's request, the appropriate record(s) will be amended by the Registrar. If the request is denied, the student will be advised of their right to a hearing on the matter. The student should first advance an appeal to the “school official” responsible for the recorded notation. If dissatisfied with the outcome of the appeal, the student may request a hearing. A committee comprised of the VPAA, VPEM, VPIE and/or Dean of Students, such that no conflict exists, to review the case against prevailing standards. If as a result of the hearing Cooper Union determines not to amend the education record(s), the student has the right to insert a statement in the record commenting on the contested information, stating why they disagree with the determination or both. This statement will remain with the education record as long as the record is maintained and will be included whenever the contested part of the record is disclosed. This right is limited. Cooper Union is not obligated by FERPA to afford a student the right to seek to change substantive decisions made by School Officials, including decisions made in the context of awarding grades; other evaluations of student performance, or disciplinary decisions. If a student believes their education records contain information that is inaccurate, misleading, or in violation of the student’s right to privacy, he or she may contact the Registrar to ask to amend the record. If the student is dissatisfied with the College’s decision not to amend the record, the student may contact the Dean of Student Services in writing to request a hearing. The Dean of Student Services will arrange a hearing. Within ten (10) business days of the meeting, the Dean of Student Services will issue the decision of the request. If after the hearing, the College does not amend the record, the student may place a statement in the record.

Right to Control Disclosure of Education Records

Under FERPA, a school generally may not disclose personally identifiable information from an eligible student’s education records to a third party unless the eligible student has provided prior written consent. For example, schools can’t release certain information such as Social Security number, Birthdate, Grades and exam scores, GPA, Current class schedule, Parent name and address, and Race and ethnicity without the student’s consent. A student may formally request that Virginia Western not release Directory Information on their behalf by submitting a Student Request for Non-Disclosure of Records (PDF) to the Records Office or by changing the privacy settings in the Student Center through their MyVWCC account.

Exceptions to Consent Requirement

There are several exceptions to FERPA’ general consent requirement:

Directory Information: FERPA regulations define “directory information” as information in a student’s education record that would not generally be considered harmful or an invasion of privacy if disclosed.
School Official with Legitimate Educational Interest: The disclosure is to School Officials, including faculty and staff, that are in the process of carrying out their assigned educational or administrative responsibilities and have a Legitimate Educational Interest. The determination as to whether a Legitimate Educational Interest exists will be made by the College Registrar, who serves as the FERPA Officer for the College. The criteria for determining who is a School Official and what is considered a legitimate educational interest is communicated in the annual notification of FERPA rights. Legitimate educational interest means a school official has a “need-to-know” regarding specific information in a student’s record.
Enrollment at Another School: Personally identifiable information can be disclosed by Cooper Union without consent, to another school in which the student seeks or intends to enroll or is already enrolled as long as the purpose of the disclosure is enrollment or transfer.
Dependent Students: Cooper Union may, but is not required to, disclose any and all personally identifiable information from education records to parents, without the consent of the eligible student, if the student is a “dependent student,” as that term is defined in Section 152 of the Internal Revenue Code. Generally, if either parent has claimed the student as dependent on the parent’s most recent income tax return, a school may disclose the student’s education records to either parent, without the eligible student’s consent.
Judicial Order or Subpoena: The disclosure complies with a judicial order to a lawfully issued subpoena, if Cooper Union makes a reasonable attempt to notify the student in advance of compliance.
Organizations Conducting Studies: The disclosure is to organizations conducting studies for, or on behalf of, educational agencies or institutions to develop, validate, and administer predictive tests, to administer student aid programs or to improve instruction, provided that the individual identity of students is not made and that the disclosure is restricted to the representatives of the organization that have a legitimate interest in the information.
Registered Sex Offender: The disclosure is related to a student registered sex offender and is information that was provided to the Cooper Union pursuant to the Wetterling Act and other applicable federal guidelines.
Health or Safety Emergency: The disclosure is to maintain the health or safety of the student, as in connection with a health or safety emergency, or others on or off campus.

Directory Information

Directory information is information contained in the education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Examples include:

Student's name
Address
Telephone number
Email address
Photograph
Date and place of birth
Major field of study
Dates of attendance
Grade level
Enrollment status (e.g., full-time or part-time)
Most recent educational agency or institution attended
Participation in officially recognized activities and sports
Weight and height of members of athletic teams
Degrees, honors, and awards received

Even directory information cannot be released if a student requests that it be withheld. A student may formally request that Virginia Western not release directory information on their behalf by submitting a Student Request for Non-Disclosure of Records (PDF) to the Records Office or by changing the privacy settings in the Student Center of their MyVWCC account. If a student does not want UNLV to disclose any or all of the types of information designated below as directory information without prior written consent, students must add a “no-release” indicator on their record through their MyUNLV account.

Education Records

Education records are generally defined as records directly related to a student and maintained by an educational agency or institution or by a party acting for the agency or institution. Examples of education records include transcripts; class schedules; course work including papers, exams, grades, and evaluations; disciplinary records; internship program records; and student financial records.

Law Enforcement Unit Records

Law enforcement unit records do not include: (1) records created by a law enforcement unit for a law enforcement purpose other than for the law enforcement unit; (2) records created and maintained by a law enforcement unit exclusively for non-law enforcement purposes, such as a disciplinary action or proceeding conducted by the institution.

Sole Possession Records

Any record that is made in conjunction with a student or other school official is not a sole possession record.

Access to Records by Parents

Parents of a financially dependent student, as defined by the Internal Revenue Service (IRS), may obtain their child’s records after submitting proof of the student’s dependency via the most recent federal tax form. Faculty and staff need to be very careful when a parent calls and asks for information about a student. Under FERPA, a student’s spouse is considered an “unrelated third party” and, therefore, has no rights under the Act. Again, students can authorize the release of their education information to a parent, spouse, or other third party by completing an Information Release Form. Parents of individuals under the age of 18 in attendance at a university program that does not offer a postsecondary degree or certificate shall retain FERPA rights for the participant.

Violations and Complaints

Eligible students who believe that their FERPA rights may have been violated may file a complaint with Student Privacy Policy Office (SPPO). SPPO will review the complaint to ensure that the complaint:

is filed, in writing, by an eligible student who maintains FERPA rights over the education records that are the subject of the complaint;
is submitted to SPPO within 180 days of the date of the alleged violation or of the date that the eligible student knew or reasonably should have known of the alleged violation; and
contains specific allegations of fact giving reasonable cause to believe that a violation of FERPA has occurred.

A parent or eligible student may file a written complaint with the Office regarding an alleged violation under the Act and this part. A complaint must contain specific allegations of fact giving reasonable cause to believe that a violation of the Act or this part has occurred.

The Solomon Amendment

Effective October 23, 1998, all Colleges and Universities are required to comply with the final regulations of the Solomon Amendment. Failure to comply may result in the loss of federal funding including various forms of federal student aid. The Solomon Amendment supersedes FERPA. Information released is limited to the current semester or the previous semester. Information released is limited to military recruiting purposes only. The request for information must be in writing on letterhead that clearly identifies the military recruiting organization.

Final Results of Disciplinary Proceedings

The disclosure of final results must include only the name of the student, the violation committed, and any sanction imposed by the institution against the student.

Definition of Terms

Agent: A person or business formally authorized to act on another's behalf.
Attendance: Includes but is not limited to (a) attendance - in person or by correspondence study (program) and (b) the period during which a person is working under a work-study (cooperative) program.
Dates of Attendance: The period of time during which a student attends or attended an institution. Examples of dates of attendance include an academic year, a spring semester, or a first quarter. The term does not include specific daily records or a student's attendance pattern at the institution.
Educational Records: Those records directly related to a student and maintained by the institution or by a party acting for the institution.
Legitimate Educational Interest: The demonstrated "need to know" by those officials of an institution who act in the student's educational interest, including faculty, administration, clerical and professional employees, and other persons, including student employees or agents, who manage student record information.
Parent: Includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian.
Personally Identifiable: Data or information which include (1) the name of the student, the student's parent, or other family members; (2) the student's address; (3) a personal identifier such as a social security number or student number; or (4) a list of personal characteristics or other information which would make the student's identity easily traceable.
Records: Any information or data recorded in any medium (e.g., handwriting, print, tapes, film, microfilm, microfiche, any form of electronic data storage).
School Officials: Those members of an institution who act in the student's educational interest within the limitations of their "need to know." These may include faculty, administration, clerical and professional employees and other persons, including student employees or agents, who manage student education record information.
Subpoena: A command from a court to require the person named in the subpoena to appear at a stated time and place to provide testimony or evidence.
Final results: A decision or determination, made by an honor court or council, committee, commission, or other entity authorized to resolve disciplinary matters within the institution.
Aggravated Assault: An unlawful attack by one person upon another for the purpose of inflicting severe or aggravated bodily injury. This type of assault usually is accompanied by the use of a weapon or by means likely to produce death or great bodily harm.
Alleged perpetrator of a nonforcible sex offense: Means a student who is alleged to have committed acts that, if proven, would constitute statutory rape or incest.

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