The Family Educational Rights and Privacy Act of 1974 (FERPA), also known as the “Buckley Amendment,” is a federal law regarding the privacy of student records and the obligations of the institution, primarily in the areas of release of the records and the access provided to these records. Any educational institution that receives funds under any program administered by the U.S. Secretary of Education is bound by FERPA requirements.
Under federal law, eligible students have:
- The right to inspect and review the student's education records.
- The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
- The right to provide written consent before personally identifiable information (PII) from the student's education records can be disclosed, except to the extent that FERPA authorizes disclosure without consent.
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by postsecondary institutions to comply with the requirements of FERPA.
While FERPA guarantees eligible student access to their education records, all such records are the property of the University.
Eligible Students
Eligible Students include all students in attendance at a postsecondary institution (regardless of age). FERPA rights are effective the first day of classes of a student’s initial registration. FERPA applies to all students past and present.
The education records of individuals who applied to but have not attended an institution are not subject to FERPA guidelines.
Education Records
Under FERPA, education records are defined as records that are directly related to a student and are maintained by an education agency or institution or by a party acting for the agency or institution. Education records can exist in any medium, including: typed, computer generated, videotape, audiotape, film, microfiche and email, among others.
Education records do not include:
- Records of instructional, supervisory and administrative personnel which are in the sole possession of the maker and not accessible to others.
- Information obtained through personal knowledge that is not recorded.
- Employment records (unless employment is contingent upon attendance, e.g., work study, graduate assistants).
- Records created or maintained by medical professionals for treatment purposes, and not shared beyond treatment providers.
- Law enforcement records, including those of the Department of University Police, except those available under the Freedom of Information Act.
- Financial records of a student’s parents.
- Alumni records.
- Confidential recommendation letters received before January 1, 1975 or those with a signed waiver after that date used for intended purposes only.
Directory Information
Institutions may disclose “directory information” about a student without violating FERPA. At Oswego, directory information includes:
- Student's Name
- Address (including email address)
- Telephone Number
- Age
- Photographs
- Major field of study
- Class Year
- Dates of Attendance
- Degrees, honors, and awards received
- Previous educational institution attended
- Expected date of graduation
- Enrollment status (Full/Part-time)
- Participation in officially recognized University activities and sports, including height and weight of student-athletes
All other portions of the student educational record (e.g., grades, GPA, class schedule, gender, ethnicity) are considered “non-directory.”
Directory information may be made public unless the student submits a written request to the Registrar to restrict release.
Access to Education Records
Student education records may be accessed by:
- The student (or outside parties specified and authorized by the student)
- School officials with legitimate educational interest
- Persons in response to a lawfully executed subpoena or court order (SUNY Oswego will normally notify the student and comply after two weeks)
School Officials
These include faculty, administrators, campus law enforcement, SUNY System Administration staff, clerical and professional employees, student workers, contractors, volunteers, and others acting on behalf of the institution with access to student records.
Legitimate Educational Interest
A school official has a legitimate educational interest if they require the information to fulfill their professional responsibilities for the institution.
When Student Consent Is Not Required for Disclosure
FERPA permits the disclosure of education records without student consent in the following situations:
- Releasing directory information
- In a health or safety emergency
- To school officials with legitimate educational interest
- In connection with financial aid (including Veterans’ benefits)
- To officials of other schools where the student seeks or intends to enroll
- To accrediting organizations
- To comply with a judicial order or subpoena
- To organizations conducting studies for or on behalf of educational institutions
- To federal, state, and local authorities for audit or program evaluation
- Under the Solomon Amendment for military recruitment
- To the victim of a crime of violence following a disciplinary hearing
- To parents or legal guardians of students under 21 found in violation of alcohol or drug policies
- When disclosing information about a registered sex offender under community notification laws