The Family Educational Rights and Privacy Act of 1974, as amended — commonly known as FERPA – is a federal law that governs the privacy of student education records, access to those records, and disclosure of information from them.
All UW–Madison faculty, staff, and students are required to respect the privacy of students’ education records and support the principles of FERPA.
How it Works
Under FERPA, access to a student‘s education records is typically limited to the student themselves, people authorized by the student, and school officials with a legitimate educational interest (“need to know”) in reviewing said records. For example, an academic advisor would have a legitimate educational interest in reviewing an advisee’s course roster and grades to do their job.
Some limited information from a student’s education record, known as directory information, can be released without the student’s written consent.
The following sections explain these key terms.
Student
FERPA rights apply to anyone who is currently or was ever enrolled for classes at and attended UW–Madison. FERPA coverage begins on the first day of the first term for which students have enrolled for classes. This means FERPA does not apply to prospective students, applicants, or students who have been admitted but have not yet begun taking classes. For students of universities and other institutions of postsecondary education, FERPA rights apply to eligible students rather than parents, regardless of the age of the student.
Education Records
Education records include those records, in any medium, directly related to a student and maintained by UW–Madison, a UW–Madison school official, or by a party acting for the institution. Numerous offices around campus, including the Office of the Registrar, store education records.
Education records include certain records which students do not have the right to inspect and review. Those records include, but are not limited to, financial records of a parent; and confidential letters and statements of recommendation for admission, employment, or honorary recognition which the student has waived the right to inspect and review.
Education Records
- Documents with a student’s name and campus ID number;
- Class rosters;
- Grade lists;
- Disciplinary records; and
- Student information displayed on a computer screen.
Not Education Records
- Personal notes of UW–Madison faculty and staff that are kept in the sole possession of the maker and are not accessible or revealed to any other person;
- Medical and counseling records available only to health-care practitioners for treatment purposes;
- Records created and maintained by the UW–Madison Police Department for law enforcement purposes;
- Grades on peer-graded papers before they are collected and recorded by an instructor;
- Alumni records; and
- Observable behavior (unless documented and accessible to/shared with others).
Directory Information
FERPA specifies that directory information is information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. As such, directory information may be released without the student’s written consent under FERPA. In addition, such information may be required to be released under Wisconsin Public Records Law.
As a student, you have the right to restrict the release of your public directory information by placing a FERPA restriction on that data.
Directory Information
- Name;
- Address (home and mailing);
- Telephone number;
- Email address;
- Field(s) of study (major(s) and certificate(s)), degree(s) sought (i.e. BS, BA), school/college, and student type (i.e., undergraduate, graduate);
- Enrollment status, including academic level (i.e., sophomore), full- or part-time status, and credit load;
- Dates of attendance;
- Total cumulative credits;
- Expected graduation date/term and intent to participate in commencement;
- Degrees, honors, and awards received (type and date/term granted);
- Previously attended educational agencies or institutions;
- Participation in officially recognized activities and athletics; and
- Height and weight of athletes.
Not Directory Information
- Social Security Number (SSN);
- Campus ID number;
- Race/ethnicity;
- Legal sex/gender identity;
- Residency status;
- Country of citizenship;
- Transfer-student status;
- First-generation student status;
- Academic and disciplinary actions;
- Class schedule;
- Courses completed; and
- Grades and grade point average (GPA).
Limited Directory Information
- Date of birth (only released to official agencies as required for matching student records (e.g., National Student Clearinghouse) or as a validation of positive identification of a student when furnished by a person making an inquiry)
School Official
A school official is a person who serves UW–Madison in an administrative, supervisory, academic, assessment, or support staff position. School officials include, but are not limited to:
- Academic and career advisors;
- Instructors;
- UW–Madison law enforcement personnel;
- Health staff;
- Certain appropriate student employees; and
- Field supervisors.
This definition also includes a person or company performing an institutional service or function for UW–Madison; a person serving on an official UW–Madison committee, such as a disciplinary or grievance committee; or a person legitimately authorized to assist another UW–Madison school official in performing their professional UW–Madison responsibilities.
Legitimate Educational Interest
Legitimate educational interest — also referred to as educational “need to know” — means a school official needs to review information in an education record in order to fulfill their professional responsibilities.
FERPA allows UW–Madison school officials to:
- Access a student’s education record if they have a legitimate educational interest; and
- Share a student’s education record information with other UW–Madison school officials who have a legitimate educational interest. This does not constitute authorization for that person to transmit, share, or disclose any of that information to third parties.
In addition, as detailed in the campus Institutional Data Policy, “[p]rotected institutional data may only be accessed for business purposes within the scope of an individual’s university duties.”
General curiosity does not constitute an educational “need to know,” even if a school official has access to a student’s education record.
Your Rights and Responsibilities
Select your role(s) using the buttons below to learn more about how FERPA applies to you.