REMINDER TO FACULTY REGARDING FERPA-PROTECTED RECORDS
As a reminder, our students’ academic records are protected by the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g; 34 CFR Part 99. Under this law, every employee of York College with access to confidential student academic records has a duty to safeguard those records; this means the academic records may not be disclosed to York College employees with no legitimate business purpose in seeing the records, or anyone outside of the college absent appropriate legal authorization (other than the student). [1]
It has come to our attention that, on occasion, parents of students will approach faculty and request information about the student’s academic performance, for example, grades. Please be aware, once a student turns 18 and/or begins their postsecondary education, the parent, in general, no longer has the right to access the student’s records under FERPA:
The Family Educational Rights and Privacy Act or FERPA (20 U.S.C. § 1232g; 34 CFR Part 99) provides certain rights for parents regarding their children’s education records. FERPA gives these rights to custodial and noncustodial parents alike, unless there is a court order, legally binding document, or State law that specifically provides to the contrary. When a student reaches 18 years of age or attends an institution of postsecondary education at any age, he or she becomes an “eligible student,” and all rights under FERPA transfer from the parent to the student.
[1] This duty does not extend to “directory information” regarding students, defined by CUNY as the student’s:
“a. Name b. Address (to limited recipients set forth below)* c. Email address (to limited recipients set forth below)* d. Telephone number (to limited recipients set forth below)* e. Attendance dates (semesters and sessions, not daily records) f. Photograph g. 8-digit student ID number (but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user’s identity) h. Enrollment status (full or part-time, undergraduate or graduate, etc.) i. Level of education (credits completed) j. Degree enrolled for and major field of study k. Participation in officially recognized activities and sports (teams) l. For members of athletic teams only, height and weight m. Degrees, honors and awards received.”
*Address, email address and telephone number may be released only to employees of the University and its constituent colleges for the purpose of conducting legitimate University business. They may not be shared with individuals and organizations outside the University.
Russell J. Platzek, Esq.
Executive Director
Office of Legal Affairs & Labor Relations
(718) 262-2140
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