Student FAQ

FERPA gives students four basic rights with respect to their education record:

  • The right to have some control over the release of their education record. Student consent is required for the release of education records with some limited exceptions.

  • The right to review their education record. This includes any records in any format. The only exclusions are records that contain information on other students, financial records of parents, or any letters of recommendation for which the student has waived a right of access in writing (e.g. for placement files). In addition, WSU policy is to grant students a copy of their file when requested.

    In all cases, access to education records must be given within 45 days of request.

  • The right to request amendment of inaccurate or misleading portions of their education record. Students should request changes or amendments to their records from the head of the department or office that has the records. If the department denies the request to change the record, the student's own comments can be amended into the record per WAC 504-21-080. Note: This right does not cover academic grades or evaluations.

  • The right to file a complaint regarding non-compliance of FERPA with the Family Policy Compliance Office of the U.S. Department of Education

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.

What does the law mean when it says that students have the right to control disclosure of their education records?

It means that a student's education records may be disclosed only with the student's prior written consent. The prior written consent must:

  • Specify the records to be released

  • State the purpose of the disclosure

  • Identify the party(ies) to whom disclosure may be made

  • Be signed and dated by the student or sent electronically using a @wsu.edu email account.

Are there any conditions under which student education records may be disclosed without the student's consent?

Yes, FERPA does contain some exceptions to the written consent rule. Those exceptions allow disclosure without consent:

  • To School Officials (including third parties under contract) with legitimate educational interests

  • To comply with a judicial order or lawfully issued subpoena

  • To appropriate parties in a health or safety emergency in order to protect the student or others

  • To parents in cases of drug or alcohol violation when the student is under the age of 21

  • To the provider or creator of a record to verify the validity of that record (e.g. in cases of suspected fraud)

  • To organizations conducting research studies on behalf of the University, provided there is a written agreement between the University and the research organization

  • To officials at an institution in which the student seeks or intends to enroll or is currently enrolled

FERPA permits each institution to define a class of information as "directory information." FERPA permits public disclosure of directory information without the student's consent. Other exceptions are noted in the FAQ Conditions when student records. may be disclosed without consent.

According to the law, a person becomes a student for purposes of FERPA when they are "in attendance" at an institution. This includes attendance in person or remotely by videoconference, satellite, Internet, or other electronic and telecommunications technologies. At WSU, we define a student as someone currently or previously enrolled in any academic offering of the University. This does not include prospective students or applicants to any academic program of the University.

According to WSU policy, FERPA becomes effective on the first day of classes for those newly admitted students who have scheduled at least one course. A student who accepted an admission offer but did not schedule at least one course, or a newly admitted student who canceled his/her registration either before the semester begins, is not covered by FERPA.

Students may file a complaint with the Department of Education through the Family Policy Compliance Office (FPCO). The FPCO investigates alleged violations of FERPA and considers whether an institution has a policy or practice of violating FERPA. Student may not seek damages on the basis of FERPA.