What is an Education Record?

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Regulations » FERPA Training » What is an Education Record?

• Any record, with certain exceptions, maintained by an institution, that is directly related to a student or students. This record can contain a student's name, or students' names, or information, from which an individual student or students can be personally (individually) identified.
  
  
• These records include: files, documents and materials in whatever medium (handwritten, tape, disks, film, microfilm, microfiche) which contains information directly related to students and from which students can be personally (individually) identified.

"Personally Identifiable" data or information which includes:

1. The name of the student, the student's parent, or other family members.
   
   
2. The student's campus or home address.
   
   
3. A personal identifier (such as a social security number or student number).
   
   
4. A list of personal characteristics or other information which would make the student's identity easily traceable.

What an Education Record is Not!

• "Sole Possession" notes.
  
  
• Law enforcement unit records.
  
  
• Records maintained exclusively for individuals in the their capacity as employees.
  • Records of individuals who are employed as a result of their status as students (work study) are education records.
    
    
• Doctor-patient privilege records.
  
  
• Alumni records.

"Sole Possession Notes"

Are made by one person as an individual observation or recollection, are kept in the possession of the maker, and are only shared with a temporary substitute.

• This term has always been narrowly defined.
  
  
• Notes taken in conjunction with any other person are not sole possession notes (counselor's notes, interview notes).
  
  
• Sharing these notes with another person, or placing them in an area where they can be viewed by others makes them "education records" and subject to FERPA.
  
  
• Best advice: if you don't want it reviewed, don't write it down.

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