Ferpa at GSU

Types of Records applicable to FERPA

Educational Records

Education records are defined as records, files, documents, and other materials that contain information directly related to a student and are maintained by the school or by a person acting for the school. Education records take many forms, including paper and electronic. Education records include:

• Grades
• Class lists
• Student course schedules
• Disciplinary records
• Student financial records

Personally identifiable information (PII):

Some of the most common examples of personally identifiable information (PII) are:

• Student Name
• Mother's Maiden Name
• Student Address
• Student's Date of Birth
• Student's Social Security Number
• Parent(s) or Guardian(s) Names

Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or

Information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.

Directory Information

Public notice must be given to parents of students in attendance and eligible students in attendance concerning “directory information.” School may adopt a limited directory information policy that allows for the disclosure of directory information to specific parties, for specific purposes, or for both.

Disclosure of Information

Schools must annually notify parents of students and eligible students in attendance of their rights under FERPA.

General Consent for Education Records

Except for specific exceptions, a parent or eligible student shall provide a signed and dated written consent before a school may disclose education records. The consent must: 

• specify records that may be disclosed; 
• state purpose of disclosure; and 
• identify party or class of parties to whom disclosure may be made.

What are the exceptions to general consent?

• To school officials with legitimate educational interests (defined in annual notification);
• To schools in which a student seeks or intends to enroll; 
• To State and local officials pursuant to a State statute in connection with serving the student under the juvenile justice system;
• To comply with a judicial order or subpoena (reasonable effort to notify parent or student at last known address);
• To accrediting organizations;
• To parents of a dependent student; 
• To authorized representatives of Federal, State, and local educational authorities conducting an audit, evaluation, or enforcement of education programs;
• To organizations conducting studies for specific purposes on behalf of schools;
• In a health or safety emergency; and 
• Directory information.

What limitations apply to the re-disclosure of PII? 
Receiving party should be informed that the information may not be further disclosed, except when the disclosure is:

• to the parent or eligible student; 
• on behalf of the school under § 99.31; 
• pursuant to a court order, subpoena, or in connection with litigation between the school and parent/student;
• to the parents of a dependent student; or 
• directory information.

Health and Safety Emergencies
What conditions apply to disclosure of information in health or safety emergencies?

• Disclosure is necessary to protect the health or safety of the student or others.
• There is an articulable and significant threat to the health or safety of a student or other individuals.
• Must record pertinent information when it discloses PII.