The Family Educational Rights and Privacy Act (FERPA) of 1974 is a federal law that requires colleges and universities to protect the confidentiality of student education records. The law states that, except in specified circumstances, no one outside the institution shall have access to a student's education records, nor will the institution disclose any information from those records without the written consent of the student.
To report complaints or concerns you may have relating to compliance issues, call the Compliance Hotline at:
(800) 576-6623
compliance@augusta.edu
What are a student's rights under FERPA?
Right to inspect and review
Students should submit to the registrar, dean, head of the academic department, or other appropriate official, written requests that identify the record(s) they wish 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 university official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
Right to request amendment
Students may ask the university to amend a record that they believe is inaccurate or misleading. They should write the university official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.
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 the right to a hearing.
Right to consent to disclosure of PII
Augusta University will disclose information from a student’s education records only with the written consent of the student, except:
(a) To school officials with legitimate educational interests (a school official is a person employed by the university in an administrative, supervisory, academic or research, or support staff position); a person or company with whom the university has contracted to perform required functions (such as an attorney, auditor, service provider, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.
A school official has a legitimate educational interest if the official needs to review an educational record in order to fulfill his or her professional responsibility.
(b) To officials of other institutions in which the student seeks or intends to enroll provided that the student had previously requested a release of his/her record;
(c) To authorized representatives of the U.S. Department of Education, U.S. Department of Defense (Solomon Amendment), U.S. Attorney General, INS, the Comptroller General of the United States, state education authorities, organizations conducting studies for or on behalf of the university, and accrediting organizations;
(d) In connection with a student’s application for, and receipt of, financial aid;
(e) To comply with a judicial order or lawfully issued subpoena;
(f) To parents of dependent students as defined by the Internal Revenue Code, Section 152;
(g) To appropriate parties in a health or safety emergency; or
(h) To the alleged victim of any crime of violence of the results of any disciplinary proceedings conducted by the university.
(i) The university may disclose the result of a disciplinary proceeding to a parent or guardian so long as the student is under the age of 21 at the time of the incident and the proceeding has resulted in a violation of university drug or alcohol policies, or any federal, state, or local law.
(j) To students currently registered in a particular class, the names and email addresses of others on the roster may be disclosed in order to participate in class discussion.
Augusta University has designated the following items as Directory Information: a student's name, address, telephone numbers, email, photograph, program of study, dates of attendance, enrollment status (full- or part-time), classification (freshman, etc.), honors and awards and degree(s) awarded.
The university may disclose any of these items without prior written consent, unless the student has submitted a written request to the Office of the University Registrar not to release directory information pertaining to them.
Right to file a complaint
The name and address of the Office that administers FERPA is:
Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-8520
What kind of records does FERPA protect?
FERPA applies to personally identifiable information in education records. Any record- in any medium, including handwriting and email- which is directly related to a student and maintained by the university, a school or college of the university, or party acting on behalf of the university, is considered an education record.
Education records do not include the following:
What is considered directory information?
AU may release appropriately designated directory information without the student's written consent, unless the student has advised the university to the contrary in accordance with university procedures.
AU has designated the following as directory information:
AU reserves the right to withhold directory information at its discretion.
How can I restrict the release of my information?
To restrict the release of information, students can complete the Request for Confidential Status Form. Requesting confidential status will prevent employees of Augusta University from providing any directory information or confidential information. When a confidentiality restriction is in place, we an only discuss your record with you in you appear in person with picture identification or if you release the restriction.
Can parents access my education records?
Parents have no inherent right to inspect their student's education records. For a parent to have access to his or her student's non-directory information, the student must have completed an Authorization to Release Information form signifying the parent as someone who has been given permission to access non-directory information.
The university may disclose personally identifiable information of the education record without the student's consent if the disclosure is to the parents of "dependent" children as defined by the Internal Revenue Code, Section 152, and if AU has a copy of the parent tax return on file.
How can I remove the confidential status on my records?
To remove the confidential status, students must complete the bottom of the Request for Confidential Status Form.
How can I give specific people access to my records?
Students may complete the Authorization to Release Information Form to authorize release of academic records information to specific individuals.
As faculty or staff, what is my legal responsibility under FERPA?
You have a legal responsibility to protect the confidentiality of student education records in your possession. You have access to student information only for legitimate use in the completion of your responsibilities as a university employee. Need to know is the basic principle.
What is "legitimate educational interest"?
An employee has a "legitimate educational interest" if that employee is:
What is considered directory information?
AU may release appropriately designated directory information without the student's written consent, unless the student has advised the university to the contrary in accordance with university procedures.
AU has designated the following as directory information:
AU reserves the right to withhold directory information at its discretion.
How can I avoid violating FERPA rules?
DO NOT at any time:
What can I do to ensure students' personal identifiable information is secure?
Make sure you protect all education records in your possession. This includes paper
documents in your office such as computer printouts, class lists, display screen data
and advising notes. These are practical tools that you need to do your job; however,
they should be protected like your would protect a purse or wallet. You should not
leave these items out in open areas, but store them out of sight, preferably in a
locked cabinet or drawer when not in use.
You have access to information only for legitimate use in completion of your responsibilities as a university employee. "Need-to-know" is the basic principle.
How do I know if a student has requested that directory information not be released? What do I do?
In Banner, when accessing a student's record that has been flagged confidential, a pop-up window will appear. If a student has requested that directory information not be released, no information about that student should be shared with any third party. Departments should require that the student appear in person with a picture ID to conduct business. Business should not be conducted over the telephone. If any third party should request any information about the student, faculty and staff should state "there is no information available for that individual". Inquiries can be directed to the Registrar's Office.
How do I know if a student has released educational records to a third party such as a parent?
Students' information releases are recorded in Banner by the Registrar's Office. Banner users may view release information on SGASTDN form on the Comments tab. The information included shows the specific type of information that may be released and the party to whom the information may be released.
Educational records should never be shared with any third party (including parents) if a release is not in place.
When is the student's consent not required to disclose information?
When the disclosure is:
If you have any questions, please contact the Registrar's Office at (706) 446-1430 or registrar@augusta.edu.
Can I send a student his/her grades on a test / quiz / Final Exam / Final Overall Grade via email? Would it make a difference if I put “SECURE” on the subject line anyplace?
No, grades should not be sent via email as there is a risk of sharing the information to a person who should not receive it.
Can I send anybody else that information, such as: A High School official if the student is dual enrolled? An “internal” AU official, e.g., a Grad Teaching Assistant working in the student’s course, their academic advisor, or the Registrar, or the Dean of Students’ office?
Consent is required to share grade information of a dual enrolled student. Faculty should contact the Registrar’s Office to determine if consent is on file with the institution. Information can be shared to internal AU officials with a need to know.
Can I discuss grades in a CARE report?
Yes, in the case that student grades are relevant to the CARE case, grades may be shared. The instructor should be as general as possible when including grade information.
Can I discuss grades in D2L, using the email there? Or the messaging there?
Can I discuss grades over the phone, if I recognize the student’s voice? How about over TEAMS, in a one-on-one session?
What if one of my students is involved in a health or safety emergency?
Faculty and staff can share information about distressed or disruptive students with University officials who have a legitimate educational interest in the information. In addition, if a health or safety emergency exists, faculty and staff can share information with other people, within and outside the University, to protect the health or safety or the student or others.
If you have any questions, please contact the Registrar's Office at (706) 446-1430 or registrar@augusta.edu.
FERPA Scenarios for Faculty/Staff
A student's parent calls asking how the student is doing in class. Can you release the information?
No. Even though the person inquiring may be the student's parent, FERPA recognizes students in post-secondary education as adults, regardless of age. Therefore, unless the student is a dependent as defined by the Internal Revenue Service, you cannot give out a grade or any other non-directory information without written consent from the student.
* General Rule: You must assume that the student is an adult who is entitled to privacy, even from parents. Parents may assert their rights to the records if the student is dependent according to the federal tax code.
If you have any questions, please contact the Registrar's Office at (706) 446-1430 or registrar@augusta.edu.
A faculty member routinely leaves graded exams and graded coursework in a box outside her office door for students to pick up at their convenience. Students are identified by their names and Student ID numbers. Is this practice a violation of FERPA?
Yes. The graded exams and coursework are education records because they are directly related to the student and they are arguably maintained by the faculty member. Student names and ID numbers are personally identifiable information. It is a violation of FERPA for a faculty member to leave graded papers unsecured in a public area containing personally identifiable information.
* General Rule: Graded exams and other coursework should be returned to students in a manner that protects the privacy of the records. Do not leave unsecured in a public area any item of a student's work that contains personally identifiable information. Instead of using names and ID numbers, faculty may opt to use a random number, not the ID number, and the list should not then be in alphabetical order. Or, faculty may leave graded exams and coursework with a department assistant who will verify ID and release the records to the individual student.
If you have any questions, please contact the Registrar's Office at (706) 446-1430 or registrar@augusta.edu.
An unauthorized person retrieves personally identifiable information about students from an unattended computer screen. Does FERPA apply to information stored on a computer database?
Yes. Information on a computer screen should be treated the same as printed records. FERPA applies to information stored on any media, including, but not limited to, print, audio, digital, video, electronic, or photographic.
* General Rule: The medium in which the information is held is unimportant. No information should be left accessible or unattended, including computer displays.
If you have any questions, please contact the Registrar's Office at (706) 446-1430 or registrar@augusta.edu.
You receive a telephone call from the local police department indicating that the police are trying to determine whether a particular student was in attendance on a specific day. Because the police are in the middle of an investigation, are you allowed to give them this information?
No. Because the request is from a third party outside of the University, the police should be directed to the Dean of Students' Office or the Office of the Registrar.
* General Rule: Information about whether a student was enrolled during a particular term is directory information and can be obtained through the Office of the Registrar. If the police require more information, a subpoena may be required.
If you have any questions, please contact the Registrar's Office at (706) 446-1430 or registrar@augusta.edu.
An FBI agent comes to your office and asks for a copy of a student's transcript. The agent is performing a background check on the student. Can you release the transcript?
Only if the agent presents you with a written release signed by the student specifying that the transcript can be released to the FBI.
If you have any questions, please contact the Registrar's Office at (706) 446-1430 or registrar@augusta.edu.
What is FERPA and why should I care?
When a student turns 18 year of age, or regardless of age, enters a post-secondary institution, the rights to educational records transfer to the student. In essence, he or she becomes the "owner" of his or her educational records.
How is "parent" defined?
"Parent" means a parent of a student and includes a natural parent, a guardian or an individual acting as a parent in the absence of a parent or guardian.
How can parents access student information contained in educational records?
How can I get a copy of my student's grades?
The quickest, easiest way for you to receive information about your student's grades, financial statement or other student information is for him/her to provide it to you. Students can look up information on their student portal, POUNCE, print it off and give or email a copy to their parents. Your student may also request that a copy of their official transcript be sent directly to you.
If I'm paying for my student's education, why can't I get a copy of his/her records?
FERPA requires that access to a college student's records must be granted by approval of the student. You can, however, receive information about your student if you submit proof that he/she is a dependent. Students can sign an Authorization to Release Information form to grant you access to their information.
Are there any exceptions to access to my student's grades?
When a student turns 18 years old or enters a post-secondary institution at any age, all rights afforded to parents under FERPA transfer to the student. However, FERPA also provides ways in which schools may share information with parents. For example,
Will I be notified if my son or daughter is placed on academic probation or suspension?
No. Information about grades and academic standing is sent directly to students.
Unsure of what FERPA is? This FERPA Tutorial can help answer any questions you may have.
The Registrar's Office can provide tailored, in-person FERPA training sessions for schools, colleges, departments and other groups interested in learning about student privacy rights and responsibilities. Please contact Allyson North to schedule a training session.
The Registrar’s Office requires annual FERPA training which is administered as part of the Annual Compliance Training for employees each year through Human Resource's Workforce Learn Online. Additionally, any user obtaining access to Banner or requesting data from our student information system is required to complete the FERPA System Access Request module through Precipio. Upon completion, you will receive a certificate of completion that should be emailed to System Access Administrators.
