Family Educational Rights and Privacy Act (FERPA) and Education Records

Who Can Access Education Records?

Students, parents/guardians, and school officials can access education records, but not at the same levels.

Students have the right to:

• Know the purpose, content, and location of all information kept as part of their education records
• Challenge and correct any record they find to be factually incorrect
• Expect their records to be disclosed only with their permission or under provision of law

Parents/guardians, on the other hand, do not have permission to access their student's records once the student reaches the age of 18. However, they can gain access to limited portions of their student's record if the student approves parent access or a department confirms the student is financially dependent on the parent.

School officials have access to any educational records for which they have a legitimate educational interest. See key terms (in the tab below) for definitions of school officials and legitimate educational interest.

Read additional information on how students can share their education records with their parents or guardians.

How Can I Release My Records?

Students can request records to be released by contacting the appropriate department and providing them with a written request for disclosure. The request should specify what types of records the student desires and to whom the University should release those records.

These requests must be signed by the student (or sent via a bw.edu email address) and dated.

Separate requests must be made each time the record is to be disclosed.

The university has a maximum of 45 days to comply with a student's request. Each department may have individual schedules regarding record retention.

Departments may have different procedures for requesting various types of records. For example, the Office of Registration & Records has students order transcripts at www.parchment.com and has a form to request letters of enrollment and graduation verification available on the BW One Stop website. Check with the department before you submit your request to make sure you provide everything needed.

Are There Exceptions to FERPA?

Certain types of records are not protected by FERPA, and institutions can release protected information in very specific circumstances.

Records that are not protected by FERPA include:

• Private notes kept by employees for only their personal use (or that of an approved substitute)
• Legal records and law enforcement records related to legal proceedings
• Employment records (unless employment is dependent on student status)
• Alumni records containing info about individuals after they are no longer students
• Records of admitted students before they begin attending
• Records of students that applied and were admitted but did not matriculate to BW
• Health records (these are protected by HIPPA, not FERPA)
• Directory information

Protected records can be released to third parties when:

• There is an emergency involving the health or safety of the student
• Records are involved in certain disciplinary cases
• Records are requested as part of a lawfully issued subpoena or judicial order
• Records are requested under the Solomon Amendment

Who Oversees Education Records?

Education records are maintained by different offices depending on their content. The chart below lists the types or records, the office that maintains them, and examples of each.

*Student Affairs maintains conduct disciplinary records (violations of the Student Code of Conduct), and Academic Affairs maintains academic disciplinary records (academic honesty violations, suspensions, etc.)

Consent for Disclosure: Students can request the release of education records, to a third party, by contacting the appropriate department. See "Who Oversees Education Records" FAQ for additional details. Record requests made to a department must be signed (or sent via bw.edu email address) and dated by the student. Requests must also specify the records to be released and to whom the records are to be disclosed. Separate request must be made each time the record is to be disclosed. Parents do not have access to their student's education records unless financial dependency has been verified by a department or the student approves a parent's access.

Directory Information: Specified information that may be publicly shared by the institution unless the student has taken formal action to restrict its release. Students who wish to withhold directory information must make an appointment to discuss this option with the University Registrar. Directory Information includes:

• Name
• Telephone number
• Address
• Dates of Attendance
• Email Address
• Major Field of Study
• Degrees Conferred (including dates)
• Enrollment status, including full-time, part-time status
• Awards and honors (e.g., Latin Honors, Dean's List)
• Student Photos/Video
• Previous Institutions attended
• Past & present participation in officially recognized sports and activities
• Physical characteristics of athletes

Education Records: All records maintained by BW which are directly related to a particular student. These records can be in any form (handwritten notes, electronic documents, video, etc.) and are maintained by different offices depending on their content.

Eligible Student: Any person who attends or has attended BW, as determined by matriculation and enrollment by the first date of an academic term.

Legitimate Educational Interest: A school official has a legitimate educational interest when the official needs to review an education record in order to fulfill his or her responsibility on behalf of the university, such as when the official is performing a task that is specific in his or her job description or by a contract agreement or other official appointment; performing a task related to a student's education; performing a task related to the discipline of a student; or providing a service or benefit relating to the student or student's family, such as health care, counseling, job placement, or financial aid.

School Official: A person employed by BW in an administrative, supervisory, academic, research, or support staff position, including public safety and student health staff; volunteers or contractors (individuals or entities) performing a service or function for which the university would otherwise use its employees, and who are under the direct control of the university with respect to the use and maintenance of personally identifiable information from education records (e.g., an attorney, auditor, or vendor; the National Student Clearinghouse); individuals serving on the Board of Trustees; accrediting organizations; and students conducting university business (e.g., serving on official committees, working for BW, or assisting another school official in performing his or her tasks).

The Solomon Amendment: The Solomon Amendment is a federal law that allows military recruiters to request information about currently enrolled students. Unless the student has specifically withheld their directory information, the university is obligated to release the following information on all students ages 17 and older:

• Name
• Telephone number
• Address
• Email address
• Age or date of birth
• Place of birth
• Level of education
• Academic major
• Degrees awarded
• Institution at which the student was most recently enrolled

Employees of BW, that will be working with education records, are assigned online training upon being hired by the University. Subsequently, required training must be completed each academic year of employment.

Supplemental training is available from the U.S. Department of Education website:

• FERPA 101: For Colleges & Universities
• FERPA 201: Data Sharing under FERPA