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FERPA Basics

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The Family Educational Rights and Privacy Act (FERPA) of 1974 is a federal law enacted to protect the privacy of students’ educational records. All educational institutions that receive federal funds must comply with FERPA.

What Are Education Records?

“Education records” means those records that are:

  • Directly related to a student; and
  • Maintained by the University or another party acting for the University.

Education records can be maintained in paper, digital/electronic, and other formats. Examples of education records include, but are not limited to, the following:

  • Transcripts
  • Class Schedules
  • Class Rosters
  • Grades
  • Daily Attendance
  • Degree Audit Reports
  • Advising Notes
  • Financial Records
  • Student Conduct Files

The term “Education Records” does not include:

  • Records in the “sole possession” of instructional faculty and staff for their own use as reference or memory aids and not shared with others (e.g., private advising notes)
  • Personal observations
  • Records created and maintained by a campus law enforcement unit as part their law enforcement function
  • Records created and maintained by medical and mental health providers in connection with the provision of treatment to the student and not available to anyone other than the persons providing such treatment
  • Alumni records (i.e., those records created after the student graduated or left the college)
  • Records of employment (unless the employment is based on student status)
    • The employment records of student employees (e.g., work-study, student employee wages) are part of their education records.

When do FERPA Rights Begin?

A person who is admitted and enrolled at Nevada State is considered an eligible student under FERPA. FERPA rights begin on the first day of the student’s first term of enrollment (the beginning day of instruction).

At a postsecondary institution, rights belong to the student in attendance, not the parent, regardless of age. Applicants for admission who have not been admitted to NSU are not covered by FERPA. Admitted applicants who never enrolled in classes are not covered by FERPA.

Directory & Non-Directory Information

Directory information means information in a student’s education record that would not generally be considered harmful or an invasion of privacy if disclosed.

If a student does not want Nevada State to disclose any or all of the types of information designated as directory information without written consent, students must add a “no-release” indicator through their MyNevadaState account via Student Center. Students may also designate access to non-directory information to a third party by entering the release through their MyNevadaState account.

At Nevada State, the following categories are defined as directory information:

  • Student Name
  • Address
  • Telephone number
  • E-mail addresses
  • Major
  • Participation in officially recognized activities and athletics
  • Dates of attendance
  • Enrollment status (full-time or part-time)
  • Degrees and awards received
  • Educational institutions or agency recently attended

 

Any information from education records that is not referenced above is considered non-directory information and may not be released by the institution without written consent of the student. The list of non-directory information below is meant to illustrative but not exhaustive:

  • NSHE or student ID number
  • Date and place of birth
  • Social security number
  • Marital status
  • Academic standing (e.g., probation, suspension)
  • Grades or grade point average
  • Testing information (e.g., placements, scores)
  • Student class schedule
  • Country of citizenship

Basic Rights of Student Under FERPA

FERPA provides eligible students with the following basic rights:

  • Be notified of their FERPA rights at least annually
  • The Right to Inspect and Review
  • The Right to Amend
  • The Right to Consent
  • The Right to File a Complaint

The Right to Inspect and Review

All students who are or have attended the university have the right to inspect and review their education records within 45 days of the day the university receives a request for access.

Students should submit a Request to Inspect and Review Educational Records (PDF) form to the Office of the Registrar. The form must identify the record(s) they wish to inspect. The Registrar or designee will make arrangements for access and notify the student of the time and place where the records may be inspected.

Procedure for Inspection and Review of Education Records

The University’s procedures regarding the inspection and review of education records under the Family Educational Rights and Privacy Act (FERPA) are as follows:

  1. To facilitate the gathering and inspection of student records, all requests must be submitted in writing to [email protected] or by physical mail to:

Office of the Registrar
1300 Nevada State Drive
Henderson, NV 89002.

Requests to other university offices or verbal requests will not be fulfilled.The request must include:

    • Full name
    • NSHE ID number
    • The specific education records requested
    • Current email address
    • Current physical address
    • Signature and date
  2. The University will notify the student of receipt of the request. If a student’s request is unclear or insufficiently specific, a representative from the Office of the Registrar may discuss the request with the student to assure that the appropriate records will be gathered for the student’s review. The University has up to 45 calendar days to respond to requests, beginning on the day following the business day (Monday-Friday, other than holidays) that the request was received.
  3. A representative from the Office of the Registrar will coordinate with relevant University offices to gather the requested records; review the records to confirm that they are complete; and redact any FERPA-waived recommendations, information about other students subject to FERPA privacy obligations, or any other information protected from disclosure by FERPA or other applicable law. Finally, records will be gathered as of the request date. Any education records added after the request date will require an additional request to inspect and a new 45-calendar-day period will commence for those records.
  4. Education records belong to the University and, although students have the right to review and request amendments, students are not authorized to photocopy, photograph, or otherwise image or duplicate University records. Students may, however, take personal notes regarding their educational records. Students should be mindful of the risks of sharing personal information from their educational records with those who are not subject to FERPA’s privacy requirements.
  5. Parental statements of financial resources will remain confidential. Where parents indicate a willingness for the information in such statements to be shared with the student, the statements will be made available to the student upon request.
  6. An Office of the Registrar representative will make arrangements with the student to inspect the records. If, after reviewing their educational records, a student believes that certain records encompassed by the request were not made available for inspection, the student should submit a follow-up request clarifying the additional records the student believes exist.

The Right to Amend

The right to request the amendment of the student’s education records that the student believes are inaccurate, misleading, or in violation of privacy rights.

Students may ask the university to amend such records. They should notify the university, through the Office of the Registrar, clearly identify the part of the record they want changed, and specify why it is inaccurate, misleading, or in violation of privacy rights. If the university decides not to amend the record as requested by the student, the university will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.

The Right to Consent

The right to consent to disclosure of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. One exception that permits disclosure without consent is disclosure to school officials with legitimate educational interests.

A school official has a “legitimate educational interest” if the official needs to review an education record in order to fulfill his or her professional responsibility whenever he or she is (1) performing a task that is specified in his or her job description or contract agreement; (2) performing a task related to a student’s education; (3) performing a task related to the discipline of a student; (4) providing a service or benefit relating to the student or student’s family (such as health care, counseling, job placement, or
financial aid); or (5) disclosing information in response to a judicial order or legally issued subpoena. Another exception is that the university can disclose education records without consent to officials of another school at which a student seeks enrollment or intends to enroll, upon request of officials of that other school.

The Right to File a Complaint

The right to file a complaint with the U.S. Department of Education concerning alleged failures by the university/college to comply with the requirements of FERPA.

The name and address of the office that administers FERPA is:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605.