FERPA for Faculty

May I post grades?

The public posting of grades by the student’s name, OBU ID, or social security number,  is a violation of FERPA. If necessary, instructors can assign students unique numbers or codes that can be used to post grades, but the order of the posting must not be alphabetic. Students may access seven-week grades and final course grades on Self Service Banner soon after they are posted by faculty.

What are acceptable methods for returning assignments and exams?

Leaving personally identifiable, graded papers (exams, homework, etc.) unattended for students to view is a form of publicly posting grades. If these papers contain personally identifiable information, then leaving them unattended for anyone to see is a violation of FERPA. If papers cannot be returned personally and individually during class, an alternative would be to leave the graded papers with an assistant who would ask students for proper identification prior to releasing them.

Under FERPA, to which student records do I have access?

Faculty members are normally considered “school officials.” Under FERPA, school officials may obtain access to only those education records in which they have legitimate educational interests. “Legitimate educational interest” is defined as an interest which results from the duties officially assigned to a school official and which are related to such a school official’s responsibility for facilitating the student’s development. In other words, a faculty member should only access those student education records that are needed to perform his or her job as an official of the university. Any other access is a violation of FERPA.

What student information may I release?

FERPA protects the privacy of education records. As a faculty member you have a responsibility to protect educational records in your possession. You may not disclose personally identifiable information about students or permit inspection of their records without written permission from the student, unless such action is covered by certain exceptions permitted by FERPA.

Information that is defined as “directory information” may be released without student consent unless the student has directed the university to withhold such information by notifying the Academic Center in writing. If such a hold is in place, then no information may be released about that student, including no verification whether or not the individual is a student at OBU. Protection of student privacy is crucial, and the consequences of mishandling of student information are significant. When in doubt, do not release student information—consult the Academic Center.

What is considered directory information?

Directory information may be released without the written consent of the student, unless the student has notified the Academic Center in writing that he/she does not wish to disclose Directory information.

The following items are considered “directory information” at OBU.

• name, address and telephone listing
• e-mail address
• photographs
• date and place of birth
• field(s) of study
• dates of attendance, degrees and awards
• grade level
• enrollment status
• participation in officially recognized activities and sports
• weight and height of student-athletes
• degrees, honors and awards received
• most recent previous school attended

How do I know if a student has restricted access to his/her directory information?

At this time, the Academic Center is working with IT to determine the easiest way for faculty and staff to view students that have requested non-disclosure of directory information.  You will be notified by email when this issue has been resolved.

Am I required to verify the identity of the student or others to whom I disclose education records?

Yes. FERPA requires that institutions use "reasonable methods" to verify the identity of students, school officials, parents and others to whom information from education records is disclosed. The use of "widely available" information to verify identity, such as name, date of birth, social security number or student ID number, is not considered reasonable or sufficient.

Identity verification must include at least one element that is either known or possessed only by that person.  Please request the student verify their identity via photo ID.

What are the limits in working with parents?

At the elementary and secondary school level, FERPA gives parents the right to access education records. When a student reaches 18 years of age or is attending an institution of post-secondary education, FERPA rights transfer from parent to student. Therefore, at the postsecondary level, parents have no inherent rights to access their son’s or daughter’s education records.

Information such as a student’s enrollment in a course, class attendance, or progress/grades in a course is personally identifiable information that constitutes part of the student’s education record that is protected under FERPA. Students may provide consent for University officials to discuss all education records with the parent/proxy.  If a student has provided such consent to discuss records, staff members may release information to parents, provided the identity of the parents has been authenticated.

Parents of a dependent student may challenge denial of access to educational records by providing the Academic Center evidence that they declare the student as a dependent on their most recent Federal Income Tax form (Form 1040). In this case, staff members may release information to parents, provided the identity of the parents has been authenticated.

Even if no specific information can be released about a student, staff members can often assist parents by providing general information that does not violate FERPA. Enrollment procedures, academic calendar information, policy information, and other similar information may be helpful.

How should I handle letters of recommendation?

As a staff member, you may be asked to write a letter of recommendation on behalf of a student. If the letter includes information that falls within FERPA’s definition of educational records, such as grade point average or other non-directory indicators, the student’s written consent to disclose this information would be necessary. Unless the student has waived the right of access to the letter, he or she would have the right to read it, because it is part of the student's educational record.

The written release from the student should: (1) specify the records that may be disclosed; (2) state the purpose of the disclosure; and (3) identify the party or class of parties to whom disclosure may be made (FERPA § 99.30). Statements in a recommendation that are based on the staff member's personal observations about a student do not require a written release from the student.

What happens during crisis situations and 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 considered in making this assessment are: the severity of the threat to the health or safety of those involved; the need for the information; the time required to deal with the emergency; and the ability of the parties to whom the information is to be given to deal with the emergency. If information is released in this type of situation, a record must be placed in the student’s file describing the articulable and significant threat that formed the basis for the disclosure (the circumstances of the emergency).

Questions or concerns?

If you encounter a situation where you are uncertain on how to respond to a request for protected student information, please contact the Academic Center.