• What is FERPA and what does it say
• How it affects you
• What ifs
• Resources and Contact Information

The Ohio State University’s policy concerning privacy and release of student education records says “The Family Educational Rights and Privacy Act (otherwise known as FERPA) of 1974, as amended, sets forth requirements designed to protect the privacy of student educational records. The law governs access to records maintained by educational institutions and the release of information from those records.”

Educational records are records, files, documents, and other materials which contain information directly related to a student, and are maintained by any employee or agent of the University. See below for the categories of information that are exempted and not considered to be “educational records.”

FERPA protects the privacy of students' educational records by setting forth strict instructions and limitations governing the release of information about students. Although FERPA contains exceptions for the release of "directory information" without a student's prior written consent, students have the right to request that even such directory information be withheld from disclosure to third parties. (See Privacy and Release of Student Record Information below for a more detailed description of directory information.)

Given the restrictions of FERPA, you should assume that all of your students must provide written consent that follows the format specified in FERPA before any educational records may be released to anyone other than the student. Information cannot be released to any third party, including the students' parents, relatives, and friends. Particularly sensitive information includes students' social security numbers, race or ethnicity, gender, nationality, academic performance, disciplinary records, and grades.

The following categories of information are NOT considered to be “educational records”:

1. Records, made by University personnel, which are in the sole possession of the maker and are not accessible or revealed to any other person.
2. Records maintained by the Office of Public Safety for law enforcement purposes.
3. Medical and counseling records used solely for treatment. (Medical records may be personally reviewed by a physician of the student's choice.)
4. Records only related to a former student (alumni records). Records of that individual while a student continue to be considered educational records.

Note: All records pertaining to students that are maintained by University offices are official University records and, as such, remain the property of the University.

As a TA, you need to make sure that you understand what FERPA says. Special care needs to be taken when dealing with the following situations:

• Email contact: Have students use their OSU name.nn email account when emailing you about coursework, grades, and other course-related matters. You can only respond to an OSU name.nn email account with this information.
• Notifying students about grades: Avoid posting grades publicly. If you absolutely need to do so, you can assign unique, confidential codes or names to students. DO NOT post grades with original names and/or student identification numbers (SSN). You may mail results/grades to a student as long as they are in a sealed envelope. Posting grades on Carmen is fine, as long as only the student can access his/her grades. If you absolutely need to email grades to a student, only do so to the student’s OSU name.nn email account.
• Returning tests, homework assignments and other course materials: DO NOT leave graded assignments, tests, and other course materials. unattended, where students might be able to view the grades/work of other students. Return graded work to the student to whom it belongs. Do not pass assignments/assessments back by sending a pile of papers around the class, as grades could be seen by other students.
• Discussing a student’s academic performance: A student’s academic performance is part of his/her educational records. DO NOT discuss a student’s performance, such as grades, attendance, or other aspects of his/her educational records with anyone other than the student or another school official with a “legitimate educational interest.”
• Discussing a student’s academic performance with a parent: Discussing a student’s academic performance with his/her parent(s), without the written consent of the student, may be a violation of FERPA.
• Written student recommendation letters: Putting specific information about a student’s academic performance, such as GPA and grades, on a recommendation letter for the student, is a violation of FERPA, unless you as an instructor have the written permission from the student to do so.
• Accessing student records: Casual conversations among faculty members discussing students’ grades and performance is a violation of FERPA, since a “legitimate educational interest” is absent.
• Media requests for information about students: Occasionally, current or former students are in the news for different reasons. FERPA limits what can be said about students who are either currently enrolled, or used to be enrolled, or who are living alumni. Please contact University Relations, 292-2711, to refer all media requests for such information.
• For more information see the FERPA Tutorial

• Situation A: Mom and/or dad calls and says s/he pays the student’s tuition and bills and demands to know about the student’s performance.
  
  Solution: Discussing a student’s performance with a parent/guardian is considered to be a violation of FERPA, unless the student gives the instructor written permission to do so. See “How it affects you” above. One possible way to handle the situation would be to let the parent know that you appreciate his/her concern for the child, but under FERPA you are not to discuss any student or student’s performance, without the written permission of the student. Even verifying that the student is in your class may be a violation of FERPA.



• Situation B: A student says s/he will take a graded assignment, test, etc., to a friend and you know they are friends. Should you give the assignment to the student?
  
  Solution: No, you should not.

See the following websites for more details.

University Registrar’s office:

1. Privacy and Release of Student Record Information
2. The Ohio State University’s Policy Concerning Privacy and Release of Student Education Records
3. FERPA Tutorial