FERPA Friday March 24th, 2023

What is FERPA Friday?

FERPA Friday will be a new installation that will cover FERPA related topics to help faculty, staff and students better understand the rules and regulations. There will also be a question-and-answer section that pertains to that week’s topic, along with a real-life example to help with context. If you have any suggestions of topics that you would like to have covered, please email ferpa@wm.edu.

Exceptions to Education Records

Now that we have reviewed the elements of what makes up a student's education record, below are the following types of records that are not considered education records under narrowly-defined circumstances.

Sole Possession Notes

Notes that are in the "sole possession of the maker" include:

Interview or advising notes
Memory-jogging observations of a student

Sole possession notes become education records, subject to FERPA, when they are:

Made in conjunction or shared with another person
Placed in an area where others can view the note(s)

Emails can never be sole possession notes.

Law Enforcement Records

Records created and maintained by a law enforcement unit (including W&M Police) for a law enforcement purpose.

Law enforcement records become education records, subject to FERPA, when they are created and maintained for:

Non-law enforcement purposes
Purposes other than those of the law enforcement unit

For example: An incident report created by the W&M Police is a law enforcement record until it is shared with another school official.

Medical & Treatment Records

Records created and maintained by a recognized professional, acting in their professional capacity and used only in connection with treatment of the student.

Medical and treatment records become education records, subject to FERPA, when they are shared with other school officials who are not providing treatment.

For example: A student's medical record is a medical and treatment record until it is shared with Student Accessibility Services or a W&M risk assessment team obtains the record to complete a report.

Alumni Records

Records created or received by W&M:

After the individual is no longer enrolled at W&M
Not directly related to the individual's attendance as a student

Examples of alumni records can include:

New addresses
Employment information
Marriage and birth announcements
Participation in alumni events
Giving record

Employment Records

Records maintained exclusively for individuals in their capacity as employees.

Employment records become education records, subject to FERPA, when the individual is employed as a result of their status as a student. For example:

Federal work study recipients
Student equipment managers
Research assistants
Student tutors

Case Student: Sole Possession Notes

Max works in Academic Advising and Taylor is one of her freshman students. At one point in the semester, Taylor requests to view his education record, including everything Max has written about him. He is concerned about what personal information she has included. How should Max proceed? Does FERPA allow access to all of Taylor's education record?

Solution

Max should direct Taylor to submit a Request to Inspect Education Records form (pdf) to the University Registrar's office. The University Registrar's office will make arrangements for Taylor to inspect his education record within 45 days after the day the office receives Taylor's request. References to other students will be removed before releasing the education record.

Sole possession notes, which are records "within the exclusive control of the maker" do not need to be released. However, if Max shared her sole possession notes with anyone, such as a colleague, or entered her notes into a system that her colleagues can access, the notes become part of Taylor's education record.

Under Virginia's Freedom of Information Act (FOIA) however, Taylor's complete record, including sole possession notes, may be accessible to Taylor. The University Registrar's office coordinates with University Counsel to respond to FOIA requests.

Directory Information

Directory information is information that is generally not considered an invasion of privacy if disclosed. A student’s education record may not be linked with directory information.

W&M may release a student's directory information without written consent from the student, unless the student prohibits release by completing a "Request for Confidentiality" form.

*Although FERPA permits the university to release directory information, W&M generally DOES NOT. *

Directory Information Includes:

Student name
Current classification
Hometown
Previous schools attended and degrees awarded
Dates of attendance
Current enrollment status
Degree(s) earned and dates awarded
Major(s), minor
Scholarship, awards, honors and special recognition
Height, weight and birth date of members of athletic teams
Photograph

Directory Information NEVER Includes:

Race
Gender
Religion
Country of citizenship
SSN (or part of SSN)
Grades
GPA
Student ID numbers

Quiz Question

May grades be posted for students if only the last 4 numbers of their social security number or W&M ID Number are used as identification of the students?

Answer

No. Posting any exam, midterm, or final grade for public viewing where the student’s name or any portion of the social security number or W&M ID number of the student is shown is a violation of FERPA.

If you have any questions regarding a FERPA related matter, or suggestions that you would like to see on a future FERPA Friday please email ferpa@wm.edu.