FERPA for Students

The Family Educational Rights and Privacy Act (FERPA) of 1974 is a federal law that protects the privacy of student education records. FERPA applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

FERPA 34 CFR § 99 Federal Privacy Law

Education record – records, files, documents, and other materials which contain information directly related to a student, maintained by an educational institution.

Generally speaking, FERPA allows the University to disclose education records or personally identifiable information from education records in the following circumstances:

with the written consent of the student
if the disclosure is UW directory information and the student has not placed a hold on directory information release in MyUW or otherwise – Check the Student Directory List for details
if the disclosure meets the FERPA 34 CFR § 99.31 criteria to release student education records without the student’s permission

References to parents in the FERPA law typically refer to students who have not yet enrolled in a higher education institution or turned 18. FERPA rights belong to the students at the UW.

Guaranteed Student Rights Under FERPA

Inspect and Review: students have the right to inspect and review their education records within 45 days of the date the University receives an access request (WAC 478-140). Students should submit a written request to the University official that maintains the record that identifies the record they wish to inspect.
Request an Amendment: students have the right to request the amendment of student education records that the student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA (WAC 478-140-021). This process cannot be used to challenge grades.
Provide Written Consent: students have the right to provide written consent before the University discloses personally identifiable information from the student’s education records, except to the extent FERPA authorizes disclosure without consent (WAC 478-140-024).
File a Complaint: students have the right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA (WAC 478-140-070).

Student Directory Information Release

Directory information (WAC 478-140-024(5)) at the University of Washington is defined as:

student’s name
street address
email address
telephone number
date of birth
dates of attendance
degrees and awards received
major and minor field(s) of studies
class
participation in officially recognized activities and sports
most recent previous educational agency or institution attended by the student
weight and height, if student is a member of an intercollegiate athletic team

FERPA allows the University to release a student’s directory information to anyone unless the student informs the Office of the University Registrar that they do not want directory information released.

Restrict Release of Directory Information

Students who do not wish to authorize the release of directory information and do not want their directory information to appear in the University Student Directory must inform the Office of the University Registrar by doing the following:

Log into MyUW – requires a UW NetID.
Go to Profile, then in Student Directory Information click on “Change your release settings”.
In the Directory Release section, select the No option.

Students may choose to opt-out of directory information release at any time via the steps above.

Change Release Restriction from NO to YES

At any time after restricting directory information release, students may change their mind and authorize the University to release directory information and for it to appear in the University Student Directory. Students can grant such authorization via:

Log into MyUW – follow the previous steps.
Contact the Registration Team – Provide full name, student ID number, a scanned copy of photo ID (passport or state-issued ID), request, and signature.

Consequences of Restricting Directory Information

Students should understand that restricting the release of their directory information has other consequences. For instance, a FERPA restriction makes it difficult or impossible for potential employers to verify enrollment or degree(s) earned from the University. For this reason alone, many students choose to remove their FERPA restriction.

Release of Records Request

Currently, enrolled students can use the Release of Records Request to identify specific UW education record(s) to be released, the recipient(s) of the records, and the purpose of the release. Non-enrolled students can email OUR FERPA to inquire about records release.

The Release of Records Request form is intended as a one-time records request for students to access their own records and release those records to a non-UW school official or UW student. It is not a blanket request to release all student records.

FERPA Training

This learning module takes approximately 15–20 minutes to complete and provides recommendations to common FERPA-related issues that occur at the University. Though this training is intended for faculty and staff, students who are interested in learning more about FERPA are welcome to take it. The training includes a video and a scenario-based quiz.

FERPA training course UW NetID

Report a Violation

The UW Privacy Office provides a tool to report a FERPA violation or accidental release of student data. Please review the information and instructions on how to Report an Incident before submitting an incident report.

FERPA Resources

For more information on FERPA, please review the following resources:

Department of Education – Protecting Student Privacy
Department of Education – FERPA
US Government Information – FERPA 20 USC 1232(g)
Code of Federal Regulations – 34 CFR Part 99
Washington Administrative Code (WAC) – Chapter 478-140

FERPA for Staff and Faculty

FERPA Overview

FERPA (Family Education Rights and Privacy Act) was enacted in 1974. It is a set of regulations that apply to those institutions that receive funding from the Department of Education. FERPA was written specifically for students and guarantees them the right to inspect and review their education records, the right to seek to amend education records, and the right to have some control over the disclosure of information from those education records.

An education record is defined as any record that directly identifies a student and is maintained by the institution or educational agency or by a party acting for the institution or educational agency. A key distinction of education records is that education records are shared.

Education records can exist in any medium including the following: handwritten, typed, computer-generated, videotape, audiotape, film, microfilm, microfiche, email, Zoom recording, Canvas or other LMS education records and others.

FERPA for students provides additional information for students.

FERPA Training

The FERPA Training Course video is 11 minutes long. Watching this video provides you with recommendations for common FERPA-related issues that occur at the University. Watch the video and complete the voluntary quiz to receive a PDF certificate as a record of training completion.

FERPA training course UW NetID

Directory Information Release

You must confirm in a UW system of record, such as the Student Database, EARS, or MyGradPlan, that the student has not opted out of directory information release. For example, if the student has indicated in MyUW that they wish to opt out of directory information release, you may not release that information. If you cannot confirm whether or not a student has opted out, do not release.

Students Who Have Not Opted Out

Upon confirmation that a student has not opted out, the following information may be released pursuant to WAC 478-140-024(5). You may release any or all of this information, but you are not required to do so, except to the student:

Student’s name
Street address
Email address
Telephone number
Date of birth
Dates of attendance
Degrees and awards received
Major and minor field(s) of studies
Class
Participation in officially recognized activities and sports
Most recent previous educational agency or institution attended by the student
Weight and height, if student is a member of an intercollegiate athletic team

Students Who Have Opted Out

Upon confirmation that a student has opted out and blocked the release of directory information, no information may be released about that student. The recommended response is, “I have no information about that individual.”

Release of Records

Departments may not release non-directory or personally identifiable information about a student to a third party (parents included) without the student’s written authorization.

Departments must have currently enrolled students submit a Release of Records Request to identify specific UW education record(s) to be released, the recipient(s) of the records, and the purpose of the release. Once this has been received by the Office of the University Registrar, the individual department will be contacted to release the requested information.

Non-enrolled students can contact OUR FERPA to inquire about records release.

Grades

Public posting of grades either by the student’s name, student number, or social security number without the student’s written permission is a violation of FERPA. This includes the posting of grades to a class/institutional website and applies to any public posting of grades in hallways and in departmental offices for all students including those taking distance education courses.

Notification of grades via email is in violation of FERPA. There is no guarantee of confidentiality on the Internet. The institution would be held responsible if an unauthorized third party gained access, in any manner, to a student’s education record through any electronic transmission method.

Staff and faculty should not communicate with each other via email and include grades in those email communications. Staff and faculty should not submit grades or grade changes to the campus Registration team via email.

Letters of Recommendation

Letters of Recommendations may take the form of an original letter composed by the faculty or instructor or the completion of a form provided by the student directly or through a third party with a release.

Tips for Letters of Recommendation

Stick with observations of the student vs. sharing education record information such as courses taken and grades. A student can provide an official transcript for this.
Be clear on what the student is asking you to share and ask for this in an email for letters. Retain this for six months after the student graduates or leaves the University.
When completing a form, carefully check for what you are being asked to provide. Make sure you can review the release from the student. Once completed, keep a copy for your records for six months after the student graduates or leaves the University.
If you have any questions on writing letters or completing these forms and what to release, contact OUR FERPA.

Guaranteed Student Rights Under FERPA

The student has a right to inspect and review any departmental or college records you maintain on them except for ‘sole possession records.’ A sole possession record is a record you never share with anyone else and that is maintained solely by you. Sole possession records cannot be created with the student and/or any other person present when the memory note was made. Sole possession records are not subject to FERPA.

Teaching Assistants (TA)

FERPA considers Teaching Assistants to be an extension of the faculty member. Faculty members may even share their sole-possession records with their TAs. However, if other faculty and department members can inspect those notes, they are no longer sole possession and become education records. Students have the right to inspect and review those records.

Employment Records

Employment records are not education records, unless employment is conditional upon the individual being a student. Since you have to be a student to be a TA, TA employment records are education records.

Registrar Contact

Contact Dr. Helen B. Garrett, University Registrar, in the Office of the University Registrar if you have any questions about this FERPA information. Phone: 206-685-2553.

Report a Violation

FERPA Resources

For more information on FERPA, please review the following resources:

OUR – Releasing PID in a Health and Safety Emergency
UW Privacy Office – FERPA Law
UW Bothell – FERPA Policy
UW Tacoma – FERPA for UW Employees
Washington Administrative Code (WAC) – Chapter 478-140
Department of Education – Protecting Student Privacy
Department of Education – FERPA
Family Policy and Compliance Office – Student Privacy Policy Office (SPPO) – Archived

Disclosing Student Information in an Emergency

Disclosing Personally Identifiable Student Information in a Health or Safety Emergency

Overview |
Audiences |
Applicable FERPA Regulations |
Reporting Protocol |
Documentation of Disclosure

Overview

UW faculty and staff may encounter situations when, in connection with an emergency, there is an articulable and significant threat to the health or safety of a student or others. When acting in such situations, faculty and staff may disclose information from a student’s education record to individuals other than the student or a school official with a legitimate educational interest. This includes disclosure to anyone outside of the University, including emergency services, and non-UWPD law enforcement.

This protocol details actions university officials should take to comply with the Federal Educational Rights and Privacy Act (“FERPA,” 20 USC § 1232g, 34 CFR Part 99) when acting to protect health or safety, including the obligation to report to the UW Registrar instances when educational records were disclosed to anyone other than the student or a school official with a legitimate educational interest. It also details the Registrar’s obligation to document the disclosure.

Audiences

This protocol applies to all university officials (staff, faculty, and student employees in consultation with their supervisor). Mental health care providers must also comply with relevant state law confidentiality obligations and will document any disclosures within a student’s mental health care record.

Applicable FERPA Regulations

The Family Educational Rights and Privacy Act permits the University of Washington to disclose to appropriate parties personally identifiable information from an education record of a student without the student’s consent if the disclosure is in connection with a health or safety emergency and if knowledge of the information is necessary to protect the health or safety of the student or other individuals. 34 CFR §99.31(a)(10) and 34 CFR §99.36.

Reporting Protocol

If you or someone else is in immediate danger, call 9-1-1.

Before Taking Action

If you believe there is a significant and articulable threat to health and safety and it is safe to consult prior to taking action, you should:

Contact SafeCampus or call:

Bothell 425-352-7233
Seattle 206-685-7233
Tacoma 253-692-7233

Safe Campus, often in collaboration with UW Seattle Police and with Campus Safety at UW Bothell and UW Tacoma, the Registrar and student affairs staff, will help you determine whether there is an articulable and significant threat to the health or safety of a student or others, then identify

what information from education records should be disclosed to address the health or safety concern, and;
to whom the information should be disclosed.

If after consulting with SafeCampus you disclose educational records or information from a student’s educational record to someone other than the student or a school official with a legitimate educational interest, you should:

Email your campus Registrar with the subject line “FERPA Disclosure Documentation” and include the following information in your message:

Full name, if known, of the student
Student number or UW NetID
Date and time of the disclosure
Brief description of the articulable and significant threat to the health or safety of a student or other individuals that was the basis for the disclosure
What education records or information from education records was disclosed and to whom
Your name, role at the university, and contact information

At Bothell and Tacoma, report the incident to staff who can provide support and referrals to members of the UW community that were involved in the situation: Bothell CARE Team; Tacoma Care Team. At Seattle, SafeCampus will liaise with the appropriate university professionals to provide support, referrals, and possible intervention.

After Reporting an Emergency

If you have already reported a health and safety emergency and disclosed educational records to someone other than the student or a school official with a legitimate educational interest, you should:

Notify SafeCampus of the situation or call:

Bothell 425-325-7233
Seattle 206-685-7233
Tacoma 253-692-7233.

Documentation of Disclosure

The Office of the University Registrar will record the appropriate information disclosed by the reporting party. The comments should include the date, a description of the situation, the specific information released, and to whom the information was released, such as:

Student Information disclosed on [DATE] per Health and Safety Emergency exception.
[Brief description of articulable and significant threat to health & safety.]
[Description of records or information from records disclosed, e.g. “class schedule”] was released to [name/description of individual or entity to whom records or information was released].

Disclosure Exceptions

Generally speaking, Family Educational Rights and Privacy Act (FERPA) allows the University to disclose education records or personally identifiable information from education records without the student’s permission if the disclosure meets the FERPA 34 CFR § 99.31 criteria to release student education records.

References to parents in the FERPA law typically refer to students who have not yet enrolled in a higher education institution or turned 18. FERPA rights belong to the students at the UW.

Dept of Education – FERPA SubPart D