FERPA Issues for Staff

• What student information can be released, and to whom?
• Who can release student information?
• How will I know if a student has requested that directory information not be disclosed?
• Is USD obligated to release directory information?
• Does FERPA apply to students who are deceased?
• Can student workers have access to student records?
• Can fraternities, sororities, student clubs, and student organizations have access to student records?
• Must we release a transcript if a student has a financial hold?
• What do I tell an officer with a subpoena or ex parte order?
• What about crisis situations or emergencies?
• Whom do I contact with questions or concerns?

What student information can be released, and to whom?
Directory information can be released to anyone unless the student has filed a 'Request To Restrict Directory Information' form with the appropriate Registrar. Directory information includes student's name; USD e-mail address; major field of study; dates of attendance; degrees, honors, and awards received; and participation in officially recognized activities and sports.

Non-directory information includes all other education records. See this checklist for a summary of what types of information can be released to specific types of requestors.

An institution may disclose personally identifiable information without the student's written consent to "school officials" whom the institution has determined to have a "legitimate educational interest."

Who can release student information?
Specific requests for non-directory information should be reviewed and approved by the appropriate Registrar before the information is released.

How will I know if a student has requested that directory information not be disclosed?
The student's request to restrict directory information is filed with the appropriate Registrar's Office. Beginning July 1, 2003, the status is indicated on the Academic Record (aka "AR") in the upper left corner of the form immediately under "Advisor" as "Release Directory Info." "No" indicates that the student has requested a hold on all directory information, and you can reveal nothing about the student to any requestor, including the fact that the student attends USD.

The status is also available on the Student Master Screen, beginning July 1, 2003. If "Release Directory Info" is marked "N", this indicates that the student has requested a hold on all directory information. You can reveal nothing about the student to any requestor, including the fact that the student attends USD.

Is USD obligated to release directory information?
An institution is not obligated to release directory information to anyone. FERPA only states that an institution may release information, but there is no obligation to do so. When in doubt, do not release information.

Does FERPA apply to students who are deceased?
The privacy rights of an individual expire with that individual's death. Records held by an institution for a deceased person is not a FERPA issue but a matter of institutional policy. USD will exercise its own discretion in deciding whether, and under what conditions, information should be disclosed to survivors or third parties.

Can student workers have access to student records?
FERPA does not preclude an institution from identifying students as "school officials" with a "legitimate educational interest" for specific purposes. The same requirements and responsibilities for a full time school official exist for student workers. The student workers must be trained on FERPA just as if they were faculty or staff.

Can fraternities, sororities, student clubs, and student organizations have access to student records?
Many student organizations maintain scholarship committees, academic excellence awards and related types of activities that are based upon personally identifiable information. However, the students in charge of these activities are not "university officials" and may not have access to student record information unless the student has provided written authorization.

Must we release a transcript if a student has a financial hold?
Students have the right to inspect the contents of their student folder, regardless of their financial status with the institution. However, an institution is not required to release an official transcript if the student has a past due account.

What do I tell an officer with a subpoena or ex parte order?
At USD, all subpoenas and ex parte orders must be delivered to and reviewed by the Office of the General Counsel.

What about crisis situations or emergencies?
If non-directory information is needed to resolve a crisis or emergency situation, an education institution may release that information if the institution determines that the information is "necessary to protect the health or safety of the student or other individuals." Factors to be considered or questions to be asked in making a decision to release such information in these situations are: (1) the severity of the threat to the health or safety of those involved; (2) the need for the information; (3) the time required to deal with the emergency; (4) the ability of the parties to whom the information is to be given to deal with the emergency.

Whom do I contact with questions or concerns?
General questions may be directed to the appropriate Registrar: the University Registrar for undergraduate and graduate students, and the Law School Registrar for law students. Comments or suggestions from undergraduate and graduate students or their parents should be addressed to The Registrar Susan Bugbee, bugbee@sandiego.edu, (619) 260-2888, Founders Hall 117. Comments from law students should be addressed to Law School Registrar Marjorie Zhou, mzhou@sandiego.edu, (619) 260-4611, Warren Hall 202.