
FERPA Scenarios
- The adviser of a fraternity, who is a Penn State faculty member,
has asked that you provide the grade-point averages for all of their
members in order that scholarships and academic honors can be awarded.
Can you provide this information?
- Yes, you can provide the information to the adviser, but you
should remind the adviser that he must not release the information
to the fraternity members.
-
A better alternative is to ask the adviser for the scholarship requirements, then provide a list of only those members who meet the requirements.
- Yes, you can provide the information to the adviser, but you
should remind the adviser that he must not release the information
to the fraternity members.
- Instructor Morris who teaches MATH 141 comes to you with a request for the MATH 140
grades and cumulative GPA's for three of his current students. Can you provide this
information to him?
(Note: MATH 140 is a prerequisite for MATH 141)
- Instructor Morris has a "legitimate educational interest"
in knowing the MATH 140 grades of the students since it's a prerequisite
course for MATH 141.
However, he does not have a need to know the students'
cumulative GPA's.
Instructor Morris could, alternatively, run the prerequisite class list in eLion to determine if the students have satisfied the necessary prerequisites for MATH 141.
- Instructor Morris has a "legitimate educational interest"
in knowing the MATH 140 grades of the students since it's a prerequisite
course for MATH 141.
However, he does not have a need to know the students'
cumulative GPA's.
- A parent calls to talk about his son who was dropped to nondegree-conditional
status. What can you tell the parent?
- The cautious approach is not to discuss any specifics of the student's situation. Instead, discuss in general terms the policies and procedures surrounding nondegree-conditional status and what the next steps are for students in this situation.
- The cautious approach is not to discuss any specifics of the student's situation. Instead, discuss in general terms the policies and procedures surrounding nondegree-conditional status and what the next steps are for students in this situation.
- An FBI agent comes to your office and asks for a copy of a student's transcript.
The agent is performing a background check on the student. Can you release the
transcript?
- Only if the agent presents you with a written release signed by the
student specifying that the transcript can be released to the FBI.
- Only if the agent presents you with a written release signed by the
student specifying that the transcript can be released to the FBI.
- An applicant provides a high school transcript as part of his Penn State application. The student is not admitted to Penn State. Another university asks for a copy of the transcript. Can we provide it?
- No. Even though the student did not enroll at Penn State and, therefore, his
transcript is not part of our educational record, FERPA prohibits us from
re-disclosing an educational record received from another institution unless we
have the student's written consent.
- No. Even though the student did not enroll at Penn State and, therefore, his
transcript is not part of our educational record, FERPA prohibits us from
re-disclosing an educational record received from another institution unless we
have the student's written consent.
- A local politician requests a list of names and addresses of all 18-year-old students to send them a letter urging them to register to vote. The politician's office promises that the information sent to the students will be non-partisan in nature. Do you provide the list?
- No. Although name and address are directory items, release is at the discretion
of the institution. Penn State does not release mailing lists to third parties.
- No. Although name and address are directory items, release is at the discretion
of the institution. Penn State does not release mailing lists to third parties.
- You receive a phone call from the local police department indicating
that they are trying to determine whether a particular student was
scheduled for a class on a specific day and time. Since they are in
the middle of an investigation, are you permitted to share a copy of
the student's schedule with them?
- No, not without a subpoena or court order. Send any subpoenas/court orders to
the Registrar's Office.
- No, not without a subpoena or court order. Send any subpoenas/court orders to
the Registrar's Office.
- You receive a frantic phone call from an individual who says that he is a student's
father and must get in touch with her immediately because of a family emergency. Can
you tell him when and where her next class is?
- No. You may offer to send someone to the student's class to find her and ask
her to call home. Contact Police Services or Student Affairs to locate the student.
- No. You may offer to send someone to the student's class to find her and ask
her to call home. Contact Police Services or Student Affairs to locate the student.
- A parent wants the ability to speak weekly with his daughter's instructors to discuss
how she's doing in her classes. The daughter is willing to sign a release form. Are you
required to honor this request?
- No. The only disclosure requirement in FERPA is to the student. Even with the
student's consent, we are not required to disclose the records to anyone else. The
decision regarding whether or not to engage in this sort of dialog with the parents
is up to the faculty member/department head.
- No. The only disclosure requirement in FERPA is to the student. Even with the
student's consent, we are not required to disclose the records to anyone else. The
decision regarding whether or not to engage in this sort of dialog with the parents
is up to the faculty member/department head.
- A student has asked you to write a letter of recommendation for a job application.
He stops by your office and drops off a folder containing a copy of his resume, the
description of the job, and the address where the letter is to be mailed. You notice
that the student's GPA is on his resume. May you include the grade the student
received in your class in the letter?
- No. Without the student's written permission, you may not disclose any portion
of the student's educational record, regardless of what the student has disclosed in
his resume. FERPA requires explicit (not implied) consent.
A Request for Letter of Recommendation form is available to allow students to request letters of recommendation and to authorize inclusion of information from their education records.
- No. Without the student's written permission, you may not disclose any portion
of the student's educational record, regardless of what the student has disclosed in
his resume. FERPA requires explicit (not implied) consent.
- A caller indicates they are performing a background check on a former student in
preparation for a job offer. You do not have written consent from the student to release
his educational records. Can you speak to the caller? Are there any questions you can
answer?
- Yes. You may answer questions regarding your personal observations of the
student. You may also provide directory information (e.g. major, degree received).
However, without written permission from the student, you may not reveal any
information from the student's educational record.
- Yes. You may answer questions regarding your personal observations of the
student. You may also provide directory information (e.g. major, degree received).
However, without written permission from the student, you may not reveal any
information from the student's educational record.
- A student in your online class has a confidentiality hold. The student indicates
that because of her confidentiality request, she is unable to participate in the
required online chats among her classmates. Do you have to excuse her from this portion
of the course?
- No. Confidentiality does not permit the student to impede or be excluded from
classroom communication. The student may not be anonymous in class and must
participate in all required components of the course.
- No. Confidentiality does not permit the student to impede or be excluded from
classroom communication. The student may not be anonymous in class and must
participate in all required components of the course.
- A student who is a high school junior enrolls in a Penn State course during the
summer. The student is 16 years old. The parents ask for a copy of the student's grades.
Are you permitted to release the grades to the parents since the student is under the
age of 18?
- No. When the student enrolls in a post-secondary institution regardless
of age, all FERPA rights belong to the student.
- No. When the student enrolls in a post-secondary institution regardless
of age, all FERPA rights belong to the student.
- A former Penn State student has transferred to another university and is now enrolled
there. A change was made to the student's Penn State record after the record was sent
to the new university. Must you obtain the student's written consent prior to sending
the updated record to the new university?
- No. FERPA permits an amended record to be sent to the new institution without
the student's consent as long as the disclosure is for purposes related to the
student's enrollment or transfer.
- No. FERPA permits an amended record to be sent to the new institution without
the student's consent as long as the disclosure is for purposes related to the
student's enrollment or transfer.
- You have a letter of recommendation supposedly from a student's adviser at a previous
institution. You have reason to believe that the letter has been forged. Is it
permissible to return the letter to the alleged creator for verification without the
student's permission?
- Yes. FERPA permits the return of a record to the creator or originator of that record in order to verify authenticity without the student's permission.
