University of Colorado Denver

What is an Educational Record?

FERPA starts with the simple concept that it applies only to student education records

• An educational record is anything that personally identifies a student that is kept in a written or recorded medium by college officials
  • Also includes anything that could easily lead to the personal identification of a student

What is Not an Educational Record?

One of the most important understandings to have about FERPA is that what a college official sees, hears, experiences or personally observes is not governed by FERPA – AT ALL – unless it is drawn from a written or recorded record or it is subsequently memorialized in a written or recorded form

• At which point, only release of information from the written or recorded version is governed by FERPA
• What the official saw, heard or observed can still be shared with anyone the official wants. It is not part of an educational record
  • Your observations and any concerns that arise from them are not protected under FERPA and can be shared.

During the early 1970’s, privacy issues in all areas became hot political topics. Parents and students submitted horror stories of schools creating education records and then refusing to allow the parents and students to look at the contents of those records. Students were being passed over for honors and university admissions, and were being disciplined for reasons that were not disclosed. Not only were students not allowed to correct their own education records, but in some cases, students were being refused access to their own records. In response, Congress passed FERPA, a federal law governing the privacy of education records. FERPA grants four specific rights to any student who is or has been in attendance at an institution of higher education in relation to their education records:

1. The right to inspect and view education records;
2. The right to seek amendment to education records if there are inaccuracies;
3. The right to consent to any disclosure of education records; and
4. The right to file a complaint with the U.S. Department of Education FERPA Compliance Office.

In connection with the third right listed above, FERPA imposes certain restrictions on the ability of any federally-funded school, college or university to release information pertaining to a student’s education record. Because all University of Colorado campuses receive federal funds, each campus has adopted procedures that comply with FERPA restrictions.

UC Denver Legal Counsel has provided some excellent information regarding FERPA and how it applies on our campus. They specifically address FERPA as it relates to students that may pose a danger to themselves or other and safety/emergency situations. To learn more check out the publications below:

• FERPA and Campus Safety
• FERPA and How it Applies to UC Denver