FERPA

The University of Georgia is legally and ethically obligated to protect the confidentiality of students’ records. The Office of the Registrar provides several resources to help faculty and staff learn about student privacy rights and responsibilities under the Family Educational Rights and Privacy Act (FERPA).

Each new employee who will have access to any student information system is required to complete the FERPA quiz and certification.  Current employees will be asked to complete a recertification on an annual basis.
 

Guidance to Faculty Regarding Recording Class Sessions:

Recording Class Sessions is Permitted (FERPA may Apply) – As was the case prior to the transition to online instruction, faculty can record class sessions. If students are participating in an identifiable manner in the class session, those portions of the recordings become the education record of such students and would be protected by FERPA. For example, portions of a recording in which students can be seen responding to questions and actively participating in the class session would be covered by FERPA. However, a recording that only features the faculty giving a lecture and responding to questions submitted anonymously would not be covered by FERPA, as no identifiable student information is featured. 

  1. Recordings Covered by FERPA – Recordings containing personally identifiable information of one or more students can be made available to students who are enrolled in the class during the semester the class session was recorded, for instance to facilitate access for students who may have missed a class session. These recordings should not be made available to students taking the same class in subsequent semesters, nor should the recordings be accessible to anyone outside of the class (other than University employees with a legitimate interest in accessing the recordings).
  2. Recordings not Covered by FERPA – Recordings that do not contain personally identifiable information of any student can be made available more broadly, provided that such availability is otherwise in compliance with University and departmental policies.

Faculty can contact the Office of Online Learning (online@uga.edu) and/or the Center for Teaching and Learning (ctl@uga.edu) for guidance and best practices regarding the recording and subsequent use of class sessions. Faculty can direct specific questions regarding the applicability of FERPA to class recordings to the Office of Legal Affairs (legal@uga.edu).

 

Please see the following for complete information on FERPA:

 

The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA affords students certain rights with respect to their education records. Specifically, it affords students the right to:

  • Inspect and review their education records
  • Request the amendment of inaccurate or misleading records
  • Consent to disclosure of personally identifiable information contained in their education record
  • File a complaint with the U.S. Department of Education concerning alleged failures of the institution to comply with this law

The University of Georgia strives to fully comply with this law by protecting the privacy of student records and judiciously evaluating requests for release of information from these records. FERPA authorizes the release of Directory, or Public, Information without the student’s prior written consent under certain conditions set forth in the act.


Who must comply with FERPA?

Any educational institution or educational agency that receives funds under any program administered by the U.S. Secretary of Education.


Who is covered?

  • Any individual who is taking or has taken a course at UGA regardless of age.
  • In addition to degree-seeking students, this includes:
    • Joint enrollment students
    • Dual Enrollment students
    • Transient students
    • Students auditing a course
    • Distance education students

How does this affect parents?

University employees may not discuss a student's education record with a parent or guardian over the phone or in person without signed consent from the student. Further, if the student has placed a restriction on the disclosure of Directory Information, University employees will not even be able to identify the student to a parent or guardian in order to comply with the law. Please also see 'What are the exceptions to Prior Consent?'


Can students control disclosure of Directory Information?

Yes, students are notified of their right to control the disclosure of Directory, or Public, Information in the UGA Bulletin, on the Office of the Registrar’s web site, and through means of an annual email. Students who wish to have access to their Directory Information restricted must notify the Office of the Registrar in writing. Upon receipt of this notification, a restriction will be placed on the student’s record. A restriction means that a student’s name will not appear in the online campus directory and will not be included in any news releases (such as those on Dean's list, graduation, etc). Information will not be released to prospective employers, insurance companies, credit agencies, etc. If anyone requests information for a student or former student who has a restriction, UGA will respond to the requestor with the following statement: “We do not have any information available on this individual.”

The restriction remains in place until the student submits a written and signed statement to the Office of the Registrar requesting to have the restriction removed. Restrictions will thus remain on a student's record after he or she has graduated from UGA until such a request is received by the Office of the Registrar.

What is an Education Record?

  • Any record, with certain exceptions, maintained by an educational agency or institution or a party acting for the agency or 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
  • Both current and previous mediums for maintaining records are included, such as the Internet, student information systems, print, disks, tapes, film, microfilm, microfiche, etc

What is not an Education Record?

  • Law enforcement records
  • Grades on peer-graded papers before they are collected and recorded by an instructor
  • Doctor-patient privilege records
  • Alumni records


What is "Prior Consent for Release"?

Students must provide a signed and dated written consent before a school official may disclose education records, or Non-Directory Information. The consent must:

  • Specify records that may be disclosed
  • State purpose of disclosure
  • Identify party or class of parties to whom disclosure may be made

Examples of items needing prior consent include:

  • Transcripts
  • Grades and/or GPA
  • Letters of recommendation which will contain information on grades and/or GPA (see below for further information)


What are the exceptions to Prior Consent?

  • Directory Information
  • To school officials with legitimate educational interests
  • To federal, state, and local authorities conducting an audit, evaluation, or enforcement of education programs
  • To organizations conducting studies on behalf of UGA
    • To accrediting organizations
    • To comply with a judicial order or subpoena
    • In a health or safety emergency (see below)
    • Disclosure to parent of a student under 21 if the institution determines that the student has committed a violation of its drug and/or alcohol rules or policies
    • In connection with financial aid


Health or Safety Emergencies

FERPA allows institutions to release, without consent, information in connection with an articulable and significiant threat to the health or safety of a student or other individuals. Please review information provided by the UGA Behavioral Assessment and Response Council (BARC) for guidance on how to address concerns related to student behavior that presents a threat to oneself or others.

If a student needs to be located for emergency reasons, please contact the office of Student Care and Outreach.

For other health and safety emergencies, please review information provided by UGA police.


How does FERPA apply to faculty and staff?

The law requires faculty and staff to treat students’ education records in a legally specified manner.

  • Grades: Students' grades should not be displayed publicly. Posting by name, SSN (all or partial), or UGA ID (CAN or 810 number) must not be used. If scores or grades are posted, use a code known only to the respective instructor and the individual student. In no instance should the list be posted in alphabetical sequence by name. Grades, transcripts, and degree audit reports should also not be placed in plain view in open, public mailboxes.
  • Papers: Graded papers or tests should not be left unattended on a desk in a public area, nor should students sort through graded papers or tests in order to retrieve their own work.
  • Class rosters/grade sheets: These reports should be handled in a confidential manner, and the information contained on them should not be redisclosed to third parties.
  • Parents: Parents and significant others do not have a right to information contained in a student’s education record.
  • Employers: Employers do not have a right to educational information pertaining to a student.
  • Student Information System: Access to the Student Information System is not tantamount to authorization to view the data. Faculty are deemed to be “school officials” and can access relevant data in the system. UGA staff may obtain access if they have a legitimate educational "need to know" to fulfill their professional responsibilities. Neither curiosity nor personal interest qualifies as a legitimate educational need to know instance. If a faculty or staff member obtains access to student data, it does not mean that faculy or staff member can have access to all student data in the student information system.
  • Letters of recommendation: Statements based on your personal observation or knowledge do not require signed consent from the student. However, you must have signed written consent to include information about a student's grades, grade point average, or class rank. Please do not assume that it is OK with the student to include his or her grade or GPA even if you have received a verbal request from the student. It is vital that you have this permission in writing with the signature of the student.
  • Class schedules: Do not provide anyone with a student’s schedule. As well, do not assist anyone other than an authorized university employee in finding a student on campus.If someone indicates it is necessary to contact a student due to a family emergency, refer them to the office of Student Care and Outreach for assistance.The number is 706-­542-­7774.
  • Recordings Covered by FERPA: Recordings containing personally identifiable information of one or more students can be made available to students who are enrolled in the class during the semester the class session was recorded, for instance to facilitate access for students who may have missed a class session. These recordings should not be made available to students taking the same class in subsequent semesters, nor should the recordings be accessible to anyone outside of the class (other than University employees with a legitimate interest in accessing the recordings). Recordings that do not contain personally identifiable information of any student can be made available more broadly, provided that such availability is otherwise in compliance with University and departmental policies.

More about FERPA.

 Still unsure about FERPA?

The following actions are Allowed under FERPA by faculty and staff:
  • Releasing a student’s information to the student when his or her identity can be positively identified Remember, telephone and non-UGA email are not reliable methods to make positive identification. UGAMail is allowed.
  • Posting grades to ELC
  • Protecting or securing confidential information on computer screens or desks from unauthorized individuals. More information on a faculty/staff member's obligation to secure and protect confidential information can be found on the UGA EITS website under "Best Practices Guidelines for Handling Sensitive Personally Identifiable Information."
  • Handing students graded work directly to each student in or out of class
  • Making sure that grades are not visible when returning student work
  • Providing student information to school officials with a legitimate educational need to know
  • Paying attention to any confidential indicators, such as a FERPA restriction on class rolls
  • Understanding that Directory Information can be shared with third parties without student consent if the student does not have a FERPA restriction
  • See your class roll to learn who has this restriction and who does not.
  • Shredding or destroying unneeded confidential documents (i.e. personal notes and emails about specific students)
 
The following actions are NOT Allowed under FERPA by faculty and staff:
  • Sharing information about students with third parties, parents, or others unless the student is present and provides consent, or the student has voluntarily provided a written request specifying what information you may share (i.e. letters of recommendation)
  • Sharing Directory Information without a written release from a student who has a FERPA restriction See your class roll to learn who has this restriction.
  • Emailing students any confidential information, including grades, unless specifically requested through their UGAMail account. This information can only be released directly to the student in person, on ELC, or through UGAMail. Posting confidential information to other websites, email addresses, blogs, etc. is not allowed.
  • Releasing a student’s class schedule If there is an emergency in which an individual needs to locate a student, refer them to Student Care and Outreach (706-­542-­7774).
  • Asking students in the class to hand back graded work to other students
  • Leaving graded student work in a public area
  • Sharing or discussing education records with your colleagues or co-workers unless a legitimate educational need exists
  • Throwing away education records


If you are uncertain as to how to respond or act in a given situation pertaining to FERPA, refer your question to the Office of the Registrar at 706-542-6020. Remember, all UGA students are covered under FERPA regardless of their status (dual enrollment, non-­degree, transient, etc.).

Directory Information (Public Information) is information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed. As per guidelines provided by the FERPA Compliance Office, UGA defines the following as Directory Information:

 

  • Student’s Name
  • Phone number(s)
  • Degrees and awards received
  • Participation in officially recognized activities and sports
  • Dates of UGA attendance
  • Thesis/Dissertation title and Faculty Mentor
  • UGA Photograph
  • Address(es)
  • Email address(es)
  • Major fields of study
  • Most recent previous educational institution attended
  • Height/weight of athletic team members
  • Employment title and contact information

 

Under the Georgia Open Records Act, UGA is required to release directory information as requested. 

  
 The Office of the Registrar offers:
 
  • A FERPA quiz which is required for anyone requesting access to the student information systems. From the link, click on "Employee Certification." Users accessing the quiz must first login to the VPN.

Take the Quiz here!

  • Group training
  • One-on-one consultation
An annual recertification is also conducted to give employees who access any student information system a refresher on FERPA guidelines and to record a commitment by each to protect education records.
 
Current and former students can request to add or remove a FERPA restriction to or from their records by completing the FERPA request form (PDF).
 
Contact Adam Lawrence, 706-542-6020, for information regarding consultations, trainings, and general information regarding FERPA.