FERPA

FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT - FERPA - Overview

(Note: see other side for definitions of “student”, “education records”, “school official”, and “legitimate educational interest”.)

(The full UWW FERPA policy can be found on the Registrar’s Office website at www.uww.edu/registrar)

The Family Educational Rights and Privacy Act (FERPA) of 1974, as amended, is a federal law that can be summarized by the following two points:

• Access. A student is permitted certain rights regarding his/her education records:
  • Right to inspect and review his/her educational records;
  • Right to request an amendment to the records if he/she believes there is an inaccuracy;
  • Right to restrict the release of the student’s Directory Information from public access;
  • Right to file a complaint with the U.S. Department of Education if he/she feels UW-Whitewater has failed to follow FERPA guidelines.

• Confidentiality. School officials must protect the privacy of education records and shall not disclose personally identifiable information about a student or permit inspection of the student’s records without his/her written consent unless such action is permitted by the Act.

DO NOT DISCLOSE, SHARE, OR TRANSMIT ANY INFORMATION ABOUT A STUDENT WITHOUT THE STUDENT’S WRITTEN CONSENT, UNLESS PERMITTED BY FERPA.

FERPA permits two exceptions that help us do our jobs without spending all our time obtaining written consent from students:

1. Directory Information. FERPA allows us to share a student’s “directory information” unless the student has officially requested to restrict its release (such restrictions are noted in WINS by a light-blue window shade icon). UWW directory information items include only the following:
   • Name, address, email address, and telephone number (excluding cell);
   • Dates of attendance (including term units carried and full-time/part-time status);
   • Classification (e.g. sophomore, senior, graduate student);
   • Major/minor/degree program;
   • Degrees conferred (including dates/anticipated dates);
   • Previous institution(s) attended;
   • Awards and academic honors;
   • Participation in officially recognized sports and activities;
   • Physical factors (weight and height) of members of athletic teams.

A student who wants to restrict the release of his/her directory information must complete and file the “Request To Prevent Disclosure Of Directory Information” form in the Registrar’s Office (the restriction will remain in effect until the student submits written notification to the Registrar’s Office to have it removed).

Non-directory information and restricted directory information must NOT be released without the student’s written, signed and dated consent. Such written, signed and dated consent must specify and include the following three items:

1. 1. The records to be released;
   2. The party or class of parties to whom the records should be released;
   3. The reason or purpose for the release of the records.

2. UWW school officials who have a legitimate educational interest. FERPA allows a UWW school official to share a student’s education record information (directory information and non-directory information), without the student’s written consent, with other UWW school officials who have a legitimate educational interest.

1. 1. OTHER THAN THESE TWO EXCEPTIONS, ALWAYS ERROR ON THE SIDE OF CAUTION AND DO NOT DISCLOSE OR SHARE ANY PERSONALLY IDENTIFIABLE INFORMATION ABOUT A STUDENT. REFER QUESTIONS ABOUT FERPA TO THE REGISTRAR’S OFFICE (Roseman room 2032, x1570).

Definition of Terms
Student--
A person who is/was enrolled in a UWW course (credit and/or non-credit). However, a person who has been enrolled in one component of UW-Whitewater and who applies for admission to a second component (e.g., an undergraduate student who applies to a graduate program) has no rights under FERPA to inspect the records accumulated by the second unit until enrolled therein.

Education Records--
The records directly related to a student and maintained by UWW, a UWW school official or by a party acting for the institution.

School Official--
A person who serves UWW in an administrative, supervisory, academic, research, or support staff position, including UWW law enforcement personnel, health staff, student employees, and field supervisors. This definition also includes a person or company with whom UWW has formally contracted (such as an attorney, auditor, or collection agent); a volunteer or other non-employee performing institutional services and functions; a person serving on an official UWW committee, such as a disciplinary or grievance committee; or a person legitimately authorized to assist another UWW school official in performing his or her professional UWW responsibilities.

Legitimate Educational Interest--
The demonstrated professional “need-to-know” by a UWW school official. The school official must seek the information within the context of his/her professionally assigned UWW responsibilities and the information must be used within the context of official UWW business.

Disclosure of education record information to a UWW school official having a legitimate educational interest does not constitute authorization for that school official to transmit, share, or disclose any or all of that information to a third party who does not have a legitimate educational interest. An unauthorized disclosure of personally identifiable information from the education record of a student is prohibited

Updated 7/2017

To all University of Wisconsin - Whitewater Students:

The Family Educational Rights and Privacy Act of 1974 (FERPA) is a federal law designed to protect the privacy of educational records. FERPA provides you with certain rights with respect to your education record. These rights include:

1. The right to inspect and review your education record within 45 days after the day the University of Wisconsin - Whitewater receives your request for access. Your education record is a record that (1) directly relates to you, and (2) is maintained by the University of Wisconsin - Whitewater or by a party acting for the University of Wisconsin - Whitewater.
   1. A student may request to review his/her education record by submitting a written and signed request to the Registrar’s Office indicating which records the student wishes to review. The Registrar will review the request, make arrangements for access and notify the student of when and where the records can be inspected.
2. The right to request an amendment of your education record if you believe it is inaccurate, misleading, or otherwise in violation of your privacy rights under FERPA.
   1. A student who wishes to ask the University to amend his/her education record must submit a written request to the Registrar’s Office identifying the record to be amended and the reason you believe the record is inaccurate, misleading, or in violation of your privacy rights under FERPA. The Registrar’s Office will review the request and notify you of its decision. If the Registrar’s Office agrees that the record is inaccurate, misleading, or in violation of your privacy rights under FERPA, it will make the amendment and notify you of its decision. If the Registrar’s Office decides to not amend the record, it will inform the student of the process to request an appeal for further consideration.
3. The right to provide written consent before the University of Wisconsin - Whitewater discloses Personally Identifiable Information (PII) from our education record, except to the extent FERPA authorizes disclosure without consent. Exceptions to disclosure without consent include:
   1. To school officials with “legitimate educational interests.” A school official has a legitimate educational interest if the official has a “need to know” information from your education record in order to fulfill his/her official responsibilities. School officials may include University of Wisconsin - Whitewater employees, as well as contractors, consultants, volunteers, or other parties who perform university services or function if the party performs institutional service or functions for the which the university would otherwise use employees, and if the party is under the direct control of the university with respect to the use and maintenance of the education records. Examples of people who may have access, depending on their official duties, and only within the context of those duties, include, but is not limited to: university faculty and staff, agents of the institution, contractors performing university service or functions under existing contract or agreement, students employed by the institution or who serve on official institutional committees, and representatives of agencies under contract with the University, such as UW Whitewater Police Department.
   2. Disclosure of directory information to anyone. Directory information is information contained in an education record that would not generally be considered harmful or an invasion of privacy if disclosed. Directory information at the University of Wisconsin - Whitewater includes the following: student name, address, email address, telephone number (excluding cell), dates of attendance (including term units carried and full- time/part-time status), classification (e.g. sophomore, senior, graduate student), major/minor/degree program, degrees and dates of graduation including anticipated graduation dates, previous institutions attended, awards and academic honors, participation in officially recognized sports and activities, and physical factors (weight and height) of members of athletic teams.
   3. If you are under the age of 21, FERPA permits the University of Wisconsin – Whitewater to inform your parent/guardian if you are found in violation of alcohol or drug policy outlined in the Student Handbook.
   4. Disclosure to other institutions: The university may disclose your education records to other agencies or institutions in which you seek or intend to enroll, or are already enrolled, if the other agency or institution requests your records and the records are provided only for purposes related to your enrollment or transfer. Further, the University of Wisconsin System Board of Regents has a policy (UWS 17) which requires the University of Wisconsin - Whitewater to note any suspension or expulsion from the university for Nonacademic Disciplinary misconduct on the transcript.
   5. There are also additional circumstances in which we may be allowed or required to disclose your education records to third parties without your knowledge or consent. You can find the reason in 34 C.F.R. § 99.31.
      1. A student may restrict the release of directory information by filling out an Authorization to Restrict Records with the Registrar’s Office.
      2. Please note that the University receives many inquiries for directory information from a variety of sources outside the institution, including friends, parents, relatives, prospective employers, the news media, honor societies, and companies. Having an Authorization to Restrict Records will preclude release of such information, even to those requestors.
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University of Wisconsin - Whitewater to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Ave, SW

Washington, DC 20202

[NOTE: In addition, a school may want to include its directory information public notice, as required by § 99.37 of the regulations, with its annual notification of rights under FERPA.]

See the list below of the disclosures that postsecondary institutions may make without  consent.

FERPA permits the disclosure of PII from students’ education records, without consent of the student, if the disclosure meets certain conditions found in § 99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, § 99.32 of FERPA regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures. A postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student —

To other school officials, including teachers, within University of Wisconsin – Whitewater whom the university has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in § 99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(3) are met. (§99.31(a)(1))

To officials of another school where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of § 99.34. (§ 99.31(a)(2))

To authorized representatives of the U. S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the university’s State-supported education programs. Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§ 99.31(a)(3) and 99.35)

•  In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§ 99.31(a)(4))
• To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§ 99.31(a)(6))
• To accrediting organizations to carry out their accrediting functions. (§ 99.31(a)(7))
• To comply with a judicial order or lawfully issued subpoena. (§ 99.31(a)(9))
• To appropriate officials in connection with a health or safety emergency, subject to § 99.36. (§99.31(a)(10))
  Information the school has designated as “directory information” under § 99.37. (§ 99.31(a)(11))
• To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of § 99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (§ 99.31(a)(13))\To the general public, the final results of a disciplinary proceeding, subject to the requirements of §99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school’s rules or policies with respect to the allegation made against him or her. (§ 99.31(a)(14))
• To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a)(15))
   

Questions regarding these rights or FERPA should be directed to the Registrar’s Office at 262-472-1570 or through email at registrar@uww.edu.

FERPA - Family Educational Rights and Privacy Act

UW-Whitewater Policy Statement

Interpretations of the Family Educational Rights and Privacy Act of 1974 (also known as FERPA or the Buckley Amendment) have important implications for the handling and releasing of student education record information by campus offices and school officials. FERPA applies to the “education records” (see next paragraph for definition) of “students”. “Students” are defined as those individuals who are or have been enrolled in classes (credit and/or non-credit) at the University. FERPA does not apply to records of applicants for formal admission to the University who are denied acceptance or, if accepted, do not enroll in classes. In addition, rights are not given by FERPA to students enrolled in one component of UW-Whitewater who seek to be admitted in another component (e.g., a student enrolled in an undergraduate program, but is denied admission to a graduate program, does not have any FERPA rights in the graduate program which denied him/her admission).

“Education records” are those UW-Whitewater records that are directly related to a student and that are maintained by the University or by a school official who serves the University in an administrative, supervisory, academic, research, or support staff position (including student employees or agents of the University, persons/companies with whom the University has contracted, volunteers and other non-employees performing institutional services and functions, persons serving on official campus committees, or persons assisting other school officials in performing their tasks).

FERPA indicates that UW-Whitewater “education records” do not include:

• Sole possession records. Records of instructional, supervisory, administrative, and certain educational personnel which are in the sole possession of the maker and are not accessible or revealed to any other individual except a substitute who performs on a temporary basis the duties of the individual who made the records.

Important exception: Notes taken in conjunction with any other person are not “sole possession records”. Sharing information with another person or placing information where it can be viewed by others makes it an “education record” and subject to FERPA.

• Law enforcement unit records. Records maintained by a UW-Whitewater law enforcement unit that were created by that unit for the purpose of law enforcement.

Important exception: Placing law enforcement records where they can be viewed or accessed by others outside the law enforcement unit makes them “education records” and subject to FERPA.

• Employment records. Records relating to individuals who are employed by UW-Whitewater which are made and maintained in the normal course of business and relate exclusively to individuals in their capacity as employees, and are not available for any other purpose.

Important exception: Records of students who are employed as a result of their status as UW-Whitewater students are “education records” (e.g., work-study, graduate assistants) and subject to FERPA.

• Doctor-patient privilege (medical) records. Records relating to a student which are (1) created or maintained by a physician, psychiatrist, psychologist, or other recognized professional acting in his/her professional capacity or assisting in a paraprofessional capacity; (2) used solely in connection with the provision of treatment to the student; and (3) not disclosed to anyone other than individuals providing such treatment, so long as the records can be personally reviewed by a physician or other appropriate professional of the student’s choice.
• Post-attendance records. Records that are created or received by UW-Whitewater after the person is no longer a student in attendance and that are not directly related to the person’s attendance as a student (e.g., information gathered on the accomplishments of alumni).

UW-Whitewater, in accordance with FERPA, has designated the following categories of information about individual students as public “directory information”. This information will be routinely released to any inquirer unless the student formally requests that it be restricted:

• Student name
• Address
• Email address
• Telephone number (excluding cell)
• Dates of attendance (including term units carried and full-time/part-time status)
• Classification (e.g. sophomore, senior, graduate student)
• Major/minor/degree program
• Degrees and dates of graduation including anticipated graduation dates
• Previous institutions attended
• Awards and academic honors
• Participation in officially recognized sports and activities;
• Physical factors (weight and height) of members of athletic teams.

A student has the right to restrict the release of all of the above directory information. A student who wishes todo so must complete and file the “Request To Prevent Disclosure Of Directory Information” form with the registrar’s Office (Roseman Building 2032). The restriction will remain in effect until the student files written notification with the Registrar’s Office to have it removed. A student who has ceased attending UW-Whitewater, and whose directory information was not restricted in his/her last term of attendance, does not have the right to restrict the release of directory information until such time as he/she re-enrolls at the University.

A student who is considering restricting the release of his/her “Directory Information” should weigh carefully the consequences of doing so. If a student decides to inform the University to not release his/her directory information, future requests for such information from non-University persons or organizations will be refused. For example, UW-Whitewater would not release enrollment verification information to the student’s health insurance provider or a prospective employer, and the student’s name would not appear in the commencement booklet.

UW-Whitewater has designated photographs and images that are taken of students at university-sponsored activities as information that may appear in university publications, brochures, etc. without the written consent of students and regardless of whether the students have filed directory information disclosure restrictions. In addition, UW-Whitewater may use a student’s birthdate, along with other directory information items mentioned previously, to confirm and verify the student’s identity when providing services on behalf of the student.

CONFIDENTIALITY OF STUDENT EDUCATION RECORDS AND STUDENT ACCESS TO EDUCATION RECORDS

The essence of FERPA can be summarized by the following two points:

• CONFIDENTIALITY – School officials must protect the privacy of education records and shall not disclose personally identifiable information about a student or permit inspection of the student’s records without his/her written consent unless such action is covered by certain exceptions permitted by FERPA. The student’s written, signed consent must:
  • Specify the records to be released;
  • Identify the party or class of parties to whom the records should be released;
  • Indicate the reason for the release.

A consent form can be downloaded from the web at: http://www.uww.edu/registrar/ (under the FERPA section, click on “Authorization to Release Records”).

• ACCESS – A student must be permitted to inspect his/her own education records (see “Student Access to Education Records” section for information about the process for inspecting education records). FERPA provides the student the right to:
  • Inspect and review his/her education records;
  • Request an amendment to the education records if he/she believes there is an inaccuracy;
  • Restrict the release of his/her “Directory Information” from public access;
  • File a complaint with the U.S. Department of Education is he/she feels the University has failed

CONFIDENTIALITY OF STUDENT EDUCATION RECORDS

FERPA generally prohibits the release of confidential personally identifiable student data, with limited exceptions that include “Directory Information” (see below), without the student’s written, signed consent.

Personally identifiable student data, other than “directory information” for students who have not restricted its release, are confidential. Examples of confidential information include, but are not limited to, ID number, social security number, date of birth, ethnicity, gender, country of citizenship, percentile ranks, class schedules (including courses, meeting times and locations), grades, and grade point averages.

Parents have no inherent or legal rights to inspect or receive information about their child’s education records, regardless of the student’s age, without the written consent of the student.

FERPA provides certain exceptions for the release of personally identifiable education record information without the student’s written consent. These exceptions include:

• “Directory Information”. (A list of student directory information items is cited in an earlier section of this document.)
• “Legitimate Educational Interest”. Personally identifiable education record information may be disclosed without the student’s written consent to UW-Whitewater school officials who are determined to have a “legitimate educational interest” – a right to know and a need to know (i.e., the information is necessary to fulfill the official’s professional responsibility to UW-Whitewater). Legitimate educational interest means:
  • The official must seek the information within the context of his/her professionally assigned University responsibilities; and
  • The information sought must be used within the context of official University business.

Disclosure of education record information to a UW-Whitewater school official having a legitimate educational interest does not constitute institutional authorization for that school official to transmit, share, or disclose any or all of that information to a third party. A disclosure of personally identifiable information from the education record of a student, without the student’s written consent, is prohibited unless the disclosure meets one of the specific exceptions cited in FERPA as outlined in the following section.

• Education record information may be disclosed without the student’s written consent in the following instances:
  1. To the student.
  2. If it is “directory information” and the student has not restricted its release.
  3. If properly subpoenaed pursuant to a judicial, legislative, or administrative proceeding, provided UW-Whitewater will make a reasonable attempt to notify the student of the subpoena, in cases where FERPA applies, prior to the release of the information.
  4. In connection with the student’s application or receipt of financial aid as necessary to determine the eligibility, amount or conditions of the financial aid, or to enforce the terms or conditions of the aid.
  5. In connection with audits or evaluation of federal or state supported educational programs requirinf disclosure of information.
  6. To effect collection of past due financial obligations to the University.
  7. To attorneys representing the University when the data on the student is deemed necessary forfor the defense of the University in a suit filed by the student.
  8. To schools in which the student seeks or intends to enroll.
  9. To authorized representatives of the Comptroller General of the United States, the Attorney General of the United States, the Secretary of the Department of Education, or state or local educational authoritiesTo the Veterans Administration to determine compliance with educational assistance.
  10. To organizations conducting studies for or on behalf of the University. 
  11. To contractors, volunteers, and other non-employees performing institutional services and functions. 
  12. In connection with a health or safety emergency as determined by the University. 
  13. In connection with a crime of violence or a non-forcible sex offense. The University has the discretion to disclose the final results of any disciplinary proceeding against a student who is an alleged perpetrator of a crime of violence or a non-forcible sex offense if, as a result of that disciplinary proceeding, the University has determined that the student in fact committed the crime or offense. The definition of “final results” is limited solely to the name of the student, the violation committed, and any sanction imposed by the University on that student. Only where a victim or witness has provided written consent may the University disclose the name of that student. 
  14. The University may disclose to a student’s parent or legal guardian information regarding any drug or alcohol violation (whether pursuant to federal, state, or local law or institutional policy) where the student is under 21 years of age and the University has determined the student has committed a disciplinary violation.

UW-Whitewater school officials conducting research using student education records may be required to explain the use of the records in writing. Student organizations that need confidential information about their members may be required to obtain the signatures of all members on a form explaining how the information is to be used (the signatures must be obtained before the information will be released).

School officials who have access to student education record information assume the legal responsibility for protecting the privacy and security of the information.

• As of January 3, 2012, the U.S. Department of Education’s FERPA regulations expand thecircumstances under which your education records and personally identifiable information (PII) contained in such records—including your Social Security Number, grades, or other private information—may be accessed without your consent.
  1. The U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or state and local education authorities (“Federal and State Authorities”) may allow access to your records and PII without your consent to any third party designated by a Federal or State Authority to evaluate a federal- or state-supported education program. The evaluation may relate to any program that is “principally engaged in the provision of education,” such as early childhood education and job training, as well as any program that is administered by an education agency or institution.
  2. Federal and State Authorities may allow access to your education records and PII without your consent to researchers performing certain types of studies, in certain cases even when we object to or do not request such research. Federal and State Authorities must obtain certain use-restriction and data security promises from the entities that they authorize to receive your PII, but the Authorities need not maintain direct control over such entities.
  3. In connection with Statewide Longitudinal Data Systems, State Authorities may collect, compile, permanently retain, and share without your consent PII from your education records, and they may track your participation in education and other programs by linking such PII to other personal information about you that they obtain from other Federal or State data sources, including workforce development, unemployment insurance, child welfare, juvenile justice, military service, and migrant student records systems.

STUDENT ACCESS TO EDUCATION RECORDS

The student will have access to education records directly related to him/her that are maintained by the University, or any of its agents, and to which FERPA applies.

A student may request access to review and inspect his/her education records by writing to the University official (i.e., registrar, dean, department chair, or other appropriate UW-Whitewater person/office) responsible for the records. The written request must indicate the records the student wishes to inspect. The University official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the official to whom the request was submitted, that official shall advise the student of the correct person/office to whom the request should be addressed and it becomes the student’s responsibility to submit the request to that person/office. Upon receipt of the written request, the University has 45 days to comply. FERPA does not provide the student with the right to access certain records, including:

1. Sole possession records
2. Parents’ financial records used for financial aid purposes;
3. Confidential letters and statements of recommendation placed in the student’s record prior to January 1, 1975, or confidential recommendations to which the student has given prior written waiver of access and which are used for job placement, admission, or award purposes;
4. Law enforcement unit records;
5. Certain employment records;
6. Doctor-patient privilege (medical) records;
7. Post-attendance records.

A student has the right to request an amendment of his/her education record that is believed to be inaccurate. However, FERPA was not intended to provide a process to be used by the student to question substantive judgments that are correctly recorded. The FERPA rights of challenge are not intended to allow a student to contest, for example, a grade in a course because he/she felt a higher grade should have been assigned. FERPA is intended to ensure the factual and accurate nature of the information in the student’s educational records and the student’s right to verify that information. 

In those cases, where FERPA intended to provide a student the right to request an amendment to an education record, the student should write the University official responsible for the record, clearly identify the part of the record s/he wants changed, and specify why it is inaccurate. If the University decides not to amend the record as requested by the student, the University will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of this right.

In the process of challenging the education record information, the student may wish to have copies of appropriate documents in his/her education record file. The University may assess the student a reasonable per copy fee for such documents. This charge does not apply to copies of the student’s official academic transcript. A request for a copy of any document in an education record will be denied if the student has a hold/service indicator on his/her records that prevents the release of the official academic transcript, or if the document is a transcript of an original or source document which exists elsewhere (e.g., a transcript of courses taken at another institution).

If UW-Whitewater decides, as a result of a hearing, not to amend the education record in accordance with the student’s request, the student may place a written statement in the record commenting upon the information therein, and/or setting forth any reason for disagreement with the institutional decision not to amend the record. Such a statement will become part of the student’s education record and will be disclosed with it.

The student has a right to file a complaint with the U.S. Department of Education concerning alleged failures by UW-Whitewater to comply with the Family Educational Rights and Privacy Act.

DECEASED STUDENT EDUCATION RECORDS

FERPA rights cease upon a student’s death. Accordingly, the disposition of UW-Whitewater education records pertaining to a deceased student is not a FERPA issue but a matter of institutional policy. UW-Whitewater does not permit the release of education record information of a deceased student for 25 years after his/her death unless authorized by the executor/executrix of the deceased student’s estate, or the student’s parents, or the student’s next of kin if the student’s parents are also deceased and an executor/executrix has not been appointed. However, deceased student educational records may be shared with UW-Whitewater school officials who have a legitimate educational interest as defined in earlier sections of the FERPA policy. Records may also be made available for UW-Whitewater research purposes.

Updated 7/2017

BASIC FERPA RULES FOR UWW SCHOOL OFFICIALS – FACULTY, STAFF, & STUDENT WORKERS

• FERPA recognizes a person enrolled at UWW to have certain rights, regardless of that person’s age.
• Those rights include access to his/her records and an obligation on the part of UWW school officials (i.e., faculty, staff, student workers, field supervisors, etc.) to maintain confidentiality about the records.
• A parent or guardian does NOT have a legal right to his/her child’s education records, even if that child is a minor.
• UWW school officials are deemed to have a legal, legitimate educational interest and therefore have access to student education records for the sole purpose of performing their jobs professionally and responsibly.
• UWW school officials must protect the privacy of education records and not disclose personally identifiable information about a student or permit inspection of the student’s records without his or her written consent (Authorization For Release of Records consent form is available at http://www.uww.edu/registrar/ferpa.). The student’s written signed consent must contain three elements:
  1. Specify the records to be released.
     • Examples: grades; notes based on observations; general assessment of performance of student in a class or in a field-based experience
  2. Identify the party or class of parties to whom the records should be released
     • Examples: prospective employer, non-UW-Whitewater school official, scholarship committee member
  3. Indicate the reason for the release
     1. Examples: as part of an application for employment, admission into a graduate program, application

Note to UWW employees, cooperating teachers, and supervisors regarding letters of reference: unless you have the student’s written signed consent, a letter of reference written on behalf of a student does NOT provide you the authorization to disclose the student’s educational records or to discuss his/her performance even if the letter welcomes telephone calls or other inquiries about the student.

• Student directory information, if not restricted, may be released to a non-UWW party without the written consent of the student. Directory information items are:
  • Name, address, email address, and telephone number (excluding cell);
  • Dates of attendance (including term units carried and full-time/part-time status);
  • Classification (e.g. sophomore, senior, graduate student);
  • Major/minor/degree program;
  • Degrees conferred (including dates/anticipated dates);
  • Previous institution(s) attended;
  • Awards and academic honors;
  • Participation in officially recognized sports and activities;
  • Physical factors (weight and height) of members of athletic teams.
• UWW school officials must verify that a student’s directory information is not restricted before releasing it. Students who have restricted their directory information will have a window-shade icon in WINS.
• Official transcripts of student academic records may be released only through the Registrar’s Office.
• Posting education records (e.g., grades) using any portion of the student's name, student ID# or social security number violates FERPA.
• In an emergency situation, a student may be reached through the Dean of Students Office (Hyer 200, x1533).

Questions regarding FERPA should be directed to the UW-Whitewater Registrar’s Office in Roseman 2032, registrar@uww.edu or 262-472-1570.

What is FERPA? 

The essence of FERPA can be summarized by the following two points - confidentiality and access.  The Family Educational Rights and Privacy Act of 1974 - commonly known as FERPA, the Privacy Act, or the Buckley Amendment - is a federal law designed to protect the privacy of educational records. FERPA governs and protects your rights to your individual educational records.

The following primary rights are protected under FERPA:

• Students' rights to review and inspect their educational records;
• Students’ rights to have their educational records amended or corrected;
• Students’ rights to control disclosure of certain portions of their educational records.

What are educational records?

An educational record is any record (in any medium), with certain exceptions, maintained by UW-Whitewater that is directly related to you as a student. This record can contain your name, several students’ names, or information that can personally (individually) identify you.

What are not educational records?

• Personal notes of faculty and staff
• Medical and counseling records used solely for treatment
• University Police Department records
• Financial records of a parent or spouse

Can I review and inspect my records?

Requests to review your records must be made in writing and presented to the appropriate office responsible for the record. The written request must indicate specifically the records you wish to review. The office will have up to 45 days to honor your request. For most students the areas responsible for your record will include the Registrar’s Office, dean and department chair’s offices of your major, academic advising offices, and possibly the Dean of Students Office.

Directory Information (Public Records)

FERPA allows for the release of specified items of information not generally considered harmful or an invasion of privacy if disclosed. UW-Whitewater, in accordance with FERPA, has designated the following categories of information about individual students as directory (public) information. This information will be released to any inquirer unless you specifically request that all of the items on the following list be withheld.

• Name
• Address
• Email address
• Telephone number (excluding cell)
• Dates of attendance
• Enrollment status (full/part time)
• Classification (e.g., sophomore, senior, graduate student)
• Major/minor/degree program
• Degrees and dates of graduation, including anticipated graduation dates
• Previous institutions attended
• Awards and academic honors
• Participation in officially recognized sports and activities
• Physical factors (weight and height) of members of athletic teams

Non-Directory Information (Private Records)

Non-directory information includes items which are considered private, or protected, and which cannot be identified as directory information. Examples of private information include, but are not limited to:

• Social security number
• Race
• Religion
• National origin
• Gender
• Grades

Who can request access to your records?

Under FERPA, prior written consent must be obtained before a student’s educational record may be disclosed to a third party, with some exceptions. FERPA allows UW-Whitewater school officials to share your educational record information (public and private information) without your written consent with other UW-Whitewater university officials who have a legitimate educational interest. Legitimate educational interest means a university official has the need to know specific information in your educational record in order to fulfill his or her professional responsibilities. The school official does not have authorization to transmit, share, or disclose any or all of that information to a third party who does not have a legitimate educational interest. Instances in which prior written consent is not required for release of your record:

• When there is a significant threat to the health and safety of you or other individuals
• In accordance with a lawful subpoena or court order
• Release of directory information, if not restricted
• If you are under the age of 21, FERPA permits UW-Whitewater to inform your parent/guardian if you are found in violation of alcohol or drug rules.

Restricting your directory information:

You have the right to restrict the release of all directory information. If you wish to do so, you must complete and file the “Request to Prevent Disclosure of Directory Information” form available in the Registrar’s Office. Please consider very carefully the consequences of restricting your directory information. Should you decide to restrict the release of your directory information, any future requests for such information from non-university parties or organizations will be refused. For example, UW-Whitewater could not:

• An enrollment verification to your health insurance provider or a prospective employer
• Your name in the commencement booklet
• Your GPA
• Your student schedule
• Your academic standing
• Your student ID number
• Your student employment record

Records of campus disciplinary proceedings are considered protected with the exception of a crime of violence or of a non-forcible sex offense. FERPA affords the university discretion to disclose the final results of a disciplinary hearing regarding an incident alleged to involve acts of violence or of a non-forcible sex offense to the public. Disclosure to the victim is required.

Respect the rights of others

The university expects that you will respect the rights of faculty and other students as you participate in the educational process. Follow the guidelines below to ensure the privacy of other students:

• When e-mailing groups of students, always use blind carbon copy (Bcc :).
• Do not post personal information about other students on websites or share personal information via e-mail.
• If you participate in a course that uses a course management system (e.g., D2L) you may have access to personal information and academic work produced by other students and faculty members. Examples include class lists, discussion board postings, drafts of papers, and other work produced in the course. Do not share information about classmates, course work content, or its authors to anyone outside the course.

Personally Identifiable Information Access Exceptions

Circumstances where personally identifiable information may be released without prior written consent:

• To any third party designated by a Federal or State Authority to evaluate a federal- or state- supported education program
• In connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to:
• To a victim of an alleged perpetrator of a crime of violence or non-forcible sex offense. (Only the final results of the disciplinary proceeding, regardless of whether the postsecondary institution concluded that a violation was committed.)
• To anyone if the disclosure is in connection with a disciplinary proceeding at a postsecondary institution if it determines that the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and with respect to the allegation against him or her the student has committed a violation of the institution’s rules or policies
• To organizations conducting studies on behalf of schools
• In connection with Statewide Longitudinal Data Systems
• To accrediting organizations
• To parents of a dependent student
• To comply with a judicial order or subpoena (reasonable effort to notify)
• In a health or safety emergency
• To schools in which a student seeks or intends to enroll

How to Protect Your Own Records

Know what information you have elected to withhold and/or disclose, and review it regularly

• Be careful about sharing private information via cell phones and other wireless technology
• Take caution when using websites, electronic communication, and social media. Do not reveal information that compromises your privacy or the privacy of others
• Educate yourself about safe computing and protecting your privacy

Frequently asked questions

Will my family have access to my information?

Generally not. Without your express, written permission, your family, like all other third parties, may have access only to your directory information. We encourage you to talk with your family to discuss grades, classes, class schedules, financial statements, or other private information. The only way for your family to receive this information is for you to provide it to them. Student records (e.g., grades and financial statements) are available on the WINS account. You should never share your NetID and password with your family or others.

Will the university contact my parents if I get in trouble?

If you are under the age of 21, FERPA permits UW-Whitewater to inform your parent/guardian if you are found in violation of alcohol or drug rules.

Does FERPA prevent the university from sharing information about troubled students?

UW-Whitewater may disclose information from education records, without consent, to appropriate parties whose knowledge of the information is necessary to protect the health or safety of you or other individuals.

Complaints

You have the right to file a complaint with the US Department of Education concerning alleged failures by UW Whitewater to comply with the requirements of FERPA. The complaint must contain specific allegations of facts providing cause to believe that a violation of FERPA has occurred.

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-8520

Enrolled students, as well as faculty and staff, can refer to the following notification statements for information on student rights concerning confidentiality and access of student education records maintained at UW-Whitewater.

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FERPA NOTICE: Faculty, Staff and Student Employees Take Responsibility for Student Record Confidentiality

 The Family Educational Rights and Privacy Act of 1974 - commonly known as FERPA, the Privacy Act, or the Buckley Amendment - is a federal law designed to protect the privacy of educational records, to establish the right of students to inspect and review their educational records, and to provide guidelines for the correction of inaccurate and misleading data through informal and formal hearings.

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 You play a critical role in the confidentiality of our students’ educational records.

Please take the following steps to ensure the confidentiality and access of student education records:

• Student education records are considered confidential and cannot be released without the written consent of a student.
• Access student records only if you have a legitimate educational interest. · Maintain the privacy of all student academic work (paper and electronic) at all times—at work, at home, and in transit.
• Never allow students to pick up their academic work by sorting through stacks of materials that include classmates’ work.
• Do not use or circulate printed class lists/rosters that include student names and ID numbers for attendance purposes.
• Do not use personal information, including student name and ID number, for the public posting of grades or for any other use.
• When writing letters of recommendation, include non-directory information only after receiving permission from the student.
• Always place student e-mail addresses in the blind carbon copy when sending an e-mail to a group of students.
• Avoid using personally identifiable information about students in the e-mail subject line (e.g., student’s full name, ID number, etc.).
• Be careful about sharing private information via wireless technology (cell phones, wireless internet, etc.).
• Some information is considered public (directory information) and may be released without the student's written permission. However, the student has the right to restrict this information as well. Do not release directory information without checking for a FERPA hold in WINS to make sure information is not restricted.
• When in doubt, do not release student information; instead contact the Registrar's Office at registrar@uww.edu or 262-472-1570.

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Educational Record 

An educational record is any record (in any medium), with certain exceptions, maintained by UW-Whitewater that is directly related to the student. This record can contain a student’s name, several students’ names, or information that can personally (individually) identify the student. Some exceptions to educational records include:

• Personal notes of faculty and staff
• Medical and counseling records used solely for treatment
• University Police Services records
• Financial records of a parent or spouse
• Records that only contain information about the student after they are no longer a student (e.g., alumni records)

If ever in doubt whether information may be released, DON’T. Please contact the Registrar’s Office at 262-472- 1570. We will help you determine if the information is an educational record and/or whether it may be disclosed without written consent. To be safe, always obtain written consent.

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Directory Information (Public Records) 

FERPA allows for the release of specified items of information not generally considered harmful or an invasion of privacy if disclosed. UW-Whitewater, in accordance with FERPA, has designated the following categories of information about individual students as public, or directory information. You can release this information to any inquirer unless the student specifically requests that all of the items on the following list be withheld.

• Name
• Address 
• Email address
• Telephone number (excluding cell)
• Dates of attendance
• Enrollment status (full/part time)  
• Classification (e.g., sophomore, seniorgraduate student)
• Major/minor/degree program
• Degrees and dates of graduation, including anticipated graduation dates
• Previous institutions attended.
• Awards and academic honors
• Participation in officially recognized sports and activities
• Physical factors (weight and height) of members of athletic teams

Non-directory information (private records) are items which are considered private, or protected, and cannot be identified as directory information. Such information includes a student’s social security number, race, religion, national origin, gender, grades, and GPA.

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Legitimate Educational Interest 

FERPA allows you, as a university official, to share educational record information (public and private information) without written consent with other UW-Whitewater university officials who have a legitimate educational interest.

Legitimate educational interest means you have the need to know specific information in an educational record in order to fulfill your professional responsibilities. As a university official you do not have authorization to transmit, share, or disclose any or all of that information to a third party who does not have a legitimate educational interest.

A "legitimate educational interest" includes:

• Performing a task that is specified in your position description or contract;
• Performing a task related to a student's education or to a student discipline;
• Providing a service or benefit related to the student.

It DOES NOT include:

• Accessing information for any other purpose;
• Viewing previous records/grades to see how a student performed;
• Viewing a relative’s (son/daughter/spouse etc....) academic record to find out how they did in class.

Curiosity is not a legitimate educational interest. Simply the fact that you are a university employee does not constitute legitimate educational interest. Your need to know must be related to your job responsibilities. In other words, records should be used only in the context of official business in conjunction with the educational success of the student.

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Posting of Grades

The public posting of grades by the student’s name, student ID number, social security number, or any portion of these numbers, without the student's written permission, is a violation of FERPA. Even with names obscured, numeric student identifiers are considered personally identifiable information and therefore violate FERPA. You can assign students unique numbers or codes that can be used to post grades. However, the order of the posting must not be alphabetic.

There is no guarantee of confidentiality when you send grades via email or the internet. The institution would be held responsible if an unauthorized third party gained access, in any manner, to a student’s education record through any electronic transmission method. A third party in this definition could be parents or guardians, boyfriend or girlfriend, roommate, etc. Only secure web sites (e.g., WINS and D2L) are approved by FERPA for accessing grade information.

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Letters of Recommendation / Serving as a Reference

If personally identifiable information obtained from a student's educational record is included in a letter of recommendation or reference (e.g., grades, GPA, or other non-directory information), you are required to obtain a signed release from the student. The student can give permission by obtaining and completing a Student Authorization for Release of Education Records Information form available on the Registrar’s website. However, if your information is based on your personal observation or knowledge, you do not need to require a written release from the student. Your letter of recommendation would become a part of the student’s educational record, and the student has the right to read it unless he/she has waived that right.

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FERPA Hold on Directory Information

Students have the right to have their directory information withheld from the public if they so desire. To do so, students must complete and file the “Request To Prevent Disclosure Of Directory Information” form available in the Registrar’s Office. If a student has a FERPA hold on their record, you must not identify that the student has any educational record on file or is attending the university. You need to indicate that the student’s name does not exist in the records.

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Student Safety

In an emergency, FERPA permits university officials to share relevant non-directory information with parties whose knowledge of the information is necessary to provide immediate protection of the health and safety of the student or other individuals (e.g., law enforcement officials, public health officials, and trained medical personnel).

While FERPA protects a student’s privacy and educational records, it does not bar university officials from sharing critical information about troubled students with appropriate parties. University officials, including faculty and instructional staff, are permitted and encouraged to share information about a student who is or might be considered to be a threat to him or herself or to other individuals. Changes in a student’s behavior could provide warning signs of distress. Changes in behavior may include:

• Physical or verbal aggression
• Withdrawn and shy behavior
• Uncontrollable crying
• Troubling thoughts in writing assignments
• Reports from the student that he/she has been assaulted or abused
• Outbursts or inappropriate behavior in class
• Disheveled appearance
• Academic performance (e.g., drop in grades, not showing up for class, etc.)

 Should you become concerned about the welfare or behavior of a student, please contact:

• Dean of Students (262-472-1533); or
• University Health & Counseling Services (262-472-1300).

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Penalties for Violating FERPA

If you witness or commit what you believe to be a possible FERPA violation, please notify the Registrar’s Office immediately. The Registrar’s Office will investigate the matter and determine what action, if any, should be taken. If you have any questions about FERPA compliance or the release of student information, please contact the Registrar’s Office at registrar@uww.edu or 262-472-1570.

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 Questions 

The Registrar is available to participate in a FERPA question and answer session for any department or faculty meeting. For more detailed information concerning the FERPA policy, please refer to the UW-W FERPA Policy on the Registrar’s Office website.

 

Updated 7/2017

FERPA Quiz

Authorization to Release Records

Request to Prevent or Revocation of Directory Information Disclosure