General FAQ
FERPA is the Family Educational Rights and Privacy Act and is a federal law that was enacted in 1974. FERPA protects the privacy of student education records. All educational institutions that receive federal funding must comply with FERPA.
If you're a student, it's important for you to understand your rights under FERPA. If you're a parent, you'll need to understand how the law changes once your student enters a post-secondary institution. If you're an employee of WSU with access to student education records, you're obligated to comply with FERPA and to protect those records according to the law.
Education records are defined as records, files, documents, and other materials that contain information directly related to a student and are maintained by WSU or by a person acting for the University. Education records take many forms, including paper and electronic. Education records include:
Grades
Class lists
Student course schedules
Disciplinary records
Student financial records
Payroll records for employees who are employed as a direct result of their status as students (e.g. work study, assistantships, resident assistants)
There are many offices at WSU that record comments and notes regarding students. These may be entered in myWSU on various comment screens or kept in the student file in a department or college. It is important for anyone recording notes regarding an interaction with a student to understand that unless these notes fall into the category of "sole possession" records (see definition in question 5 above), then they are part of the student's education record and subject to FERPA. Since FERPA gives the student the right to review any or all of his/her education record, these notes could be included in that review. Therefore, it is important that notes or comments be factual and objective and that University employees who are recording notes or comments avoid making value judgments or using inappropriate language.
No. In recent years, the U.S. Department of Education has clarified that an electronic signature may substitute for a written one. In order to qualify as an electronic signature, appropriate authentication must occur. WSU's access account satisfies the requirements for an electronic signature. Since students must log in to WSU's email system using their WSU access accounts, an email note from a student's @wsu.edu email address satisfies FERPA's written consent requirement. However because security measures for other email systems are not as strict, an email received from a Gmail, Yahoo mail, or AOL mail account for example would NOT qualify as written consent.
"School officials" are University employees with general or specific responsibility for promoting the educational objectives of the University or third parties under contract with the University to provide professional, business and similar administrative services related to the University's educational mission. Individuals whose responsibilities place them within this category include instructors; faculty advisers; admissions counselors; academic advisers; counselors; employment placement personnel; deans, department chairpersons, directors, and other administrative officials responsible for some part of the academic enterprise or one of the supporting activities; University Police personnel; health staff; development officers; staff in Alumni Relations; administrative and faculty sponsors of officially recognized clubs, organizations, etc.; members, including students and alumni, of official college (or University) committees; staff personnel employed to assist University officials in discharging professional responsibilities; and persons or entities under contract to the University to provide a specific task or service related to the University's educational mission.
What constitutes "legitimate educational interest"?
FERPA permits university employees to have access to student education records in which they have "legitimate educational interest." Such access does not require prior written consent of the student.
But what constitutes "legitimate educational interest"? Essentially, legitimate educational interest is necessary for employees to carry out their responsibilities in support of WSU's educational mission. You can also think of legitimate educational interest as a "need to know" that is essential to carrying out your job responsibilities related to education.
It is important to understand several points related to "legitimate educational interest:"
Curiosity is not a legitimate educational interest. Just because you have access to myWSU and are able to view the record of your neighbor's son, does not mean that you have a legitimate educational interest in his grades and cumulative GPA.
Simply the fact that you are a university employee does not constitute legitimate educational interest. Your need to know must be related to your job responsibilities in support of the university's educational mission. In other words, records should be used only in the context of official business in conjunction with the educational success of the student.
Your legitimate educational interest is limited. While you may have a need to access education records for students in your college, you do not necessarily have a similar need to view records of students outside your college. In other words, access to information does not authorize unrestricted use.
Do University employees have to obtain the student's permission before reviewing a student's education record?
"School officials" are permitted access to student education records without student consent as long as those officials have a "legitimate educational interest" in that student's record. The student's permission is not required.
I've found an interesting new online tool that I'd like to use as part of my class. Is it OK to upload my class list to the vendor's website so that students can log in to the site?
There are many vendors offering services to streamline and improve instruction. Sounds like a win-win. But, if a university is providing non-directory information to these vendors (and since class enrollment is not directory information, uploading a class list constitutes a release of non-directory information), then FERPA applies. FERPA either requires the consent of every student prior to releasing his/her non-directory information to the vendor, or that a contract is in place with the vendor containing four specific clauses. If an instructor is considering using any vendor product that requires student information, then the instructor must first check with WSU Purchasing to see if an appropriate contract is in place between WSU and the vendor.
I am interested in conducting research and I need information from student transcripts. What do I need to do?
Anyone conducting research using information from student education records must receive approval for that research from WSU's IRB. In addition, researchers who are utilizing student education records in their research must agree to:
Use the information only for purposes of the approved research project. Any new use of the information requires new approval.
Provide adequate protection for the information to ensure that it is not compromised or subject to unauthorized access.
Ensure that no one outside the research team has access to the information.
Destroy the information within a reasonable time after completion of the research.
In primary and secondary educational institutions (i.e. K-12), all FERPA rights belong to the parent. However, when the student reaches the age of 18 or begins to attend a post-secondary institution regardless of age, all FERPA rights transfer to the student. For WSU students, the FERPA rights belong to the students, not the parents.
Parents must have written student consent to access education records of their children. FERPA does allow certain exceptions, including allowing institutions to share information when the student is claimed as a dependent on the parent's tax return. Also, in cases of health and safety emergency, information can be shared with parents. FERPA also allows schools to share with parents if students under the age of 21 are found to have violated the school's alcohol or drug policies.
A formal “cease and desist” letter can be sent by the FPCO to the institution’s leadership. Policies and practices of the institution can be modified in response to the FPCO. WSU could lose its federal funding if it is not responsive to the FPCO in continuing in violation of FERPA.