Definition of Education Records
Home Faculty and Staff FERPA Guide
Home Faculty and Staff FERPA Guide
Those records directly related to a student and maintained by the institution or by a party acting for the institution are considered education records. The term "education records" does not include the following:
- Records of instructional, supervisory, administrative, and certain
educational information that is in the sole possession of the maker
thereof, and are not accessible or revealed to any other individual
except a substitute who performs on a temporary basis (as defined in
the institutional personnel policy) the duties of the individual who
made the records.
- Records maintained by a law enforcement unit of the educational
agency or institution that were created by that law enforcement unit
for the purpose of law enforcement.
- Records relating to individuals who are employed by the
institution, which are made and maintained in the normal course of
business, relate exclusively to individuals in their capacity as
employees, and are not available for use for any other purpose. Records of individuals who are employed as a result of their status as students (for example, work study students) are education records.
- Records relating to a student which are:
- Created or maintained by a physician, psychiatrist, psychologist,
or other recognized professional or paraprofessional, acting in his/her professional capacity or assisting in a paraprofessional
capacity or assisting in a paraprofessional capacity.
- Used solely in connection with the provision of treatment to the
student.
- Not disclosed to anyone other than individuals providing such treatment.
- Created or maintained by a physician, psychiatrist, psychologist,
or other recognized professional or paraprofessional, acting in his/her professional capacity or assisting in a paraprofessional
capacity or assisting in a paraprofessional capacity.
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