Understanding FERPA
What is FERPA?
The Family Educational Rights and Privacy Act of 1974, as amended (FERPA) is a federal privacy law that sets forth requirements regarding the privacy of student records. This law applies to postsecondary institutions as well as K-12 schools. FERPA governs the disclosure of education records maintained by an educational institution and governs the access to these records.
Who gets to see or access a student's education records?
To protect the student's privacy, UVU is prohibited from disclosing personally identifiable and non-directory information about a child without their express written consent. Exceptions to this rule include:
- disclosures made to school officials with a legitimate educational interest, including contractors with whom the institution has a legal agreement;
- disclosures made to officials of another institution where the student seeks or intends to enroll or where the student is already enrolled;
- disclosures of information the school has designated as "directory information."
What is directory information?
FERPA defines "directory information" as information contained in a student's education record that generally would not be considered harmful or an invasion of privacy if disclosed. UVU's directory information definitions are found at https://www.uvu.edu/records/ferpa.html.
A school may disclose directory information to anyone, without consent, if it has given student: general notice of the information it has designated as "directory information;" the right to opt out of these disclosures; and the period of time they have to notify the school of their desire to opt out. UVU takes a very conservative approach and does not generally release even directory information without student consent, though it would not violate FERPA if it did.
Does FERPA give parents a right to see or access the education records of their children in college?
When a student turns 18 years old or attends a postsecondary institution at any age (including High School Concurrent Enrollment), all rights afforded to parents under FERPA transfer to the student and they become an "eligible student". However, In accordance with FERPA, UVU provides students with options for allowing them to share records and information with parents and others. Students can:
- Give you access to certain student records information using this parent portal which captures the student's express written consent.
- Students can add parents and others as account delegates through the Student Information Release Authorization found in the myUVU student portal.
Schools may also disclose certain information to parents in the following circumstances:
- In the event of a health or safety emergency involving the student.
- If the student is under age 21 and has violated any law or policy concerning the use or possession of alcohol or a controlled substance.
Where can I get more information on FERPA?
UVU's FERPA information page is available online at https://www.uvu.edu/records/ferpa.html. Additionally, the United States Department of Education provides resources found at https://studentprivacy.ed.gov/?src=fpco.