What Faculty and Staff Need to Know

  

It's Your Responsibility

As a faculty or staff member at the University of Northern Iowa, you have a legal responsibility under FERPA to protect the confidentiality of student educational records in your possession. Student educational records (other than directory information) are considered confidential and may not be released without written consent of the student. Your job places you in a position of trust and you are an integral part of ensuring that student information is handled properly.

The Essence

FERPA (Family Educational Rights and Privacy Act), also known as the Buckley Amendment,
was passed by Congress in 1974.

FERPA is designed to protect the privacy of students’ educational records and personally identifiable information.

FERPA applies to all educational agencies or institutions, including the University of Northern Iowa, that receive funds under any program administered by the Secretary of Education.

Educational Records

An “education record” is any record that is directly related to a student and maintained by the university.

Education records include any records in whatever medium (handwritten, email, print, digital, etc.) that are in the possession of any school official.

Exceptions: Education Records Do NOT Include:

  • Records in the "sole possession of the maker that are not accessible to other personnel”
  • Law enforcement or campus security records created and maintained by the law enforcement unit and used for law enforcement purposes
  • Employment records
  • Medical/psychological treatment records
  • Alumni records (those created after the student graduated or left the institution)

Directory Information

Directory information consists of information that is generally not considered harmful or an invasion of privacy if publicly available. However, most directory information falls within the confidential records listed in section 22.7 of Chapter 22 of the Iowa Code (Examination of Public Records), which maintains the following public records shall be kept confidential: "Personal information in records regarding a student, prospective student, or former student maintained, created, collected, or assembled by or for a school corporation or educational institution maintaining such records."  At the University of Northern Iowa the release of directory information without consent shall be limited to certain University publications (such as the University directory, commencement program, and published graduation lists and Dean's lists), legitimate educational purposes, or in accordance with the Solomon Amendment.  Students who want to ensure their directory information is not released in any situation (with the exception of to a school official with a legitimate educational interest) may restrict access by updating their personal information in MyUNIverse.

  • Directory Information CANNOT include: race, gender, SSN (or part of the SSN), grades, GPA, country of  citizenship, or religion.  Except in very specific  circumstances, a student ID number also cannot be considered directory information.
  • Every student must be given the opportunity to “opt out” or have directory information suppressed from public release.
  • A “no release” does NOT mean that a school official within the institution who has a demonstrated legitimate educational interest  cannot access the information.

Directory Information at UNI

  • Primary (Legal) Name
  • Preferred Name
  • Classification
  • College(s)
  • Currently Enrolled
  • Dates of Attendance
  • Degrees and Awards Received
  • Major(s)/Minor(s)
  • Home Address
  • Local Address
  • Residence Hall Address
  • UNI E-Mail Address
  • Personal E-mail Address
  • Work E-Mail Address
  • Home Phone
  • Local Phone
  • Cell Phone
  • Participation in Activities
  • Photograph

Do NOT:

  • use the University ID number of a student in a public posting of grades or in any other information
  • link the name of student with that student’s University ID number in any public manner
  • leave graded tests, papers, or other student materials for students to pick up in a stack that requires sorting through the papers of all students
  • circulate a printed class list with student name and University ID number, photo, or grades as an attendance roster
  • discuss the progress of any student with anyone other than the student (including parents) without the consent of the student
  • provide anyone with lists or files of students enrolled in your classes for any reason
  • provide anyone with student schedules or assist anyone other than university employees in finding a student on campus
  • access the records of any student for personal reasons

FERPA Scenarios

Using the UNI Student ID number, Fred Faculty has posted the grades for his students on the wall outside his office.  Posting grades in any personally identifiable format, such as with a name, SSN or Student ID number is a violation under FERPA.

A student’s social security number (SSN) has been verified to a caller who received a document with the student’s SSN on it.  A student’s SSN can never be directory information, and therefore cannot be disclosed or even confirmed as public information.

Professor Polly has been publically podcasting all of her classes, this includes class discussions, without notifying  the students. Student participation in class discussions should not be made public without their express written permission.

A student is demanding that his advisor, Annie Advisor, share her personal notes about him with him. Under FERPA, these notes are considered “sole possession” records, which are an exception to “education records” notes and do not need to be released.

Student Rights

Students Have the Right To:

  • Be notified of their FERPA rights at least annually
  • Inspect and review their records
  • Seek amendment to an incorrect record
  • Limit disclosure of directory information
  • File a complaint with the Department of Education concerning an alleged failure by the institution to comply with FERPA

When do FERPA rights begin? A FERPA-related college education record begins for a student when he or she enrolls in a higher education institution. At a postsecondary institution, rights belong to the student in attendance, regardless of the student’s age.

Combined Courses

Multiple sections of a course MAY be able to be combined to share enrollments and eLearning. However, FERPA protects the privacy of a student's educational record, which includes access to student information of course sections they are not enrolled in. This means that students should not be able to see or use UNI records to identify students in sections other than their own, unless they physically meet in the same place at the same time.

Detailed information on the requirements for Combined Sections can be found here.

More Information

University of Northern Iowa
Office of the Registrar
115 Gilchrist Hall
319-273-2241
https://www.uni.edu/registrar/

Family Policy Compliance Office
US Department of Education
Email: ferpa@ed.gov

Family Educational Rights and Privacy Act (FERPA)