FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)

 

1. The FERPA rights of a student begin:

1. when the application for admission is received.

2. when the student is formally admitted.

3. when the student makes his/her first payment.

4. when the student registers and attends his/her first class.

 Question 1, choice D is CORRECT.  At NYIT a student's FERPA rights begin when the student registers and attends his/her first class.

 

2. To be an "education record," the information must be:

1. personally identifiable to the student.

2. maintained by the institution.

3. kept in the registrar's office.

4. made available to law enforcement.

5. all of the above.

6. a and b only

 Question 2, choice F is CORRECT.  Among other things, an education record is personally identifiable to the student and maintained by the institution.  All education records are not necessarily kept in the registrar's office and education records are not made available to law enforcement.

 

3. Directory information may contain all of the following EXCEPT the student's:

1. photograph.

2. major.

3. e-mail address.

4. country of citizenship.

 Question 3, choice D is CORRECT.  Under FERPA, institutions have the option to declare a student's photograph, major, and email address (among a number of things) as part of his/her officially designated directory information.  NYIT has designated students' photographs, majors, and email addresses (among a number of things) as part of our official directory information.  FERPA specifically forbids country of citizenship from being declared directory information by an institution.

 

4. Under FERPA, which of the following would NOT be acceptable:

1. the release of the title of a congressman's degree to the local paper.

2. the provost having access to all students' education records.

3. notifying students of their FERPA rights in the student handbook.

4. a faculty member announcing to his/her class that they can pick up their graded term papers from the chair outside the office.

 Question 4, choice D is CORRECT.  Release of degree information without prior approval is permitted at NYIT because it has been identified as directory information.  (This assumes that the congressman did not provide a written request that his directory information not be released.)  Due to the nature of the provost's day to day duties, his/her access to all student records would be deemed to be a "legitimate educational interest."  Executing the FERPA provision that requires institutions to notify students of their FERPA rights via the student handbook is acceptable. Faculty members have a FERPA obligation to protect the privacy of student's graded assignments.  Allowing other students to sift through the graded papers of their classmates is not permitted.

 

5. Under FERPA, which of the following is NOT an "education record"

1. a student's traffic violation.

2. the GRADE from a student's term paper.

3. a student's e-mail address.

4. the women soccer team's roster showing home town, height, weight, and current class level.

5. work-study student's work record.

 Question 5, choice A is CORRECT.  A student's traffic violation is not an education record maintained by the institution.

 

6. At the college level, FERPA states that parents:

1. have the same rights of access and review as their child.

2. can only see their child's records after receiving permission from the dean of students (or designee).

3. can review progress reports and grades sent directly to the student's permanent home address.

4. none of the above.

 Question 6, choice D is CORRECT.  When a student reaches age 18 or begins attending a postsecondary institution, regardless of age, FERPA rights transfer from the parents to the student.  The dean of students (or designee) cannot assign FERPA rights; only the owner of the records (the student) can give permission to the parents.  Regardless of where progress reports and grades are sent, they are still confidential records, intended for delivery to the student.  The student may choose to share these records, but without this authorization from the student, the parents do not have a FERPA right to review these records.

  

7. An institution must permit a student to review his/her records within how many days from the day the student requests the review:

1. 10 days.

2. 20 days.

3. 25 days.

4. 30 days.

5. none of the above.

Question 7, choice E is CORRECT.  An institution must permit a student to review his/her records within 45 days from the day the student requests the review.

 

8. NYIT must annually notify students of their rights under FERPA:

1. TRUE

2. FALSE

 Question 8, answer A is CORRECT.  Currently enrolled students must be notified annually by NYIT of their FERPA rights.  (NYIT informs students in Student Handbook.)

 

9. At NYIT, all subpoenas for academic records must first be routed to the Registrar's office.

1. TRUE

2. FALSE

 Question 9, response B is CORRECT.  At NYIT, all subpoenas are first reviewed by the Office of General Counsel to determine the appropriate course of action.

 

10. It is permissible for a professor to post student grades on an office door if only a student's social security number is used:

1. TRUE

2. FALSE

 Question 10, answer B is CORRECT.  The public posting of grades either by the student's name, student ID or Social Security number without the student's written permission is a violation of FERPA.

 

11. Student representatives on university committees (e.g., honors, curriculum, etc.) may have the right to see other students' education records during the deliberations of that committee:

1. TRUE

2. FALSE

 Question 11, answer A is CORRECT.  The students are conducting official business of the university, at the university's request.  The students are considered "school officials" with a "legitimate educational interest," and are therefore permitted to have access to specific student records.

 

12. The student scholarship chair of a NYIT fraternity has asked that you provide the grade point averages for all of their members, in order that scholarships and academic honors can be awarded.   This information can be provided.

1. TRUE

2. FALSE

Question 12, response B is CORRECT.   The student scholarship chair for a NYIT fraternity is not a "university official" and therefore may not have access to grade point averages of its members.   All members of the fraternity must sign written release authorizing the scholarship chair access to their grade point averages.

 

13. A former student has the same right to inspect and review his/her record as a student currently attending the institution:

1. TRUE

2. FALSE

 Question 13, answer A is CORRECT.   Students who have ceased attendance or who have graduated from a postsecondary institution have the same FERPA rights as currently enrolled students to inspect and review their records and may have a hearing to amend an education record.

 

14. An institution must release to anyone, upon request, any information identified as directory information by the institution:

1. TRUE

2. FALSE

 Question 14, answer B is CORRECT.  An institution is not obligated to release directory information to anyone.  FERPA only says that an institution MAY release directory information, but there is no obligation to do so.  When in doubt, do not release information.

 

15. The items that comprise directory information under FERPA at NYIT are identical to those at other institutions:

1. TRUE

2. FALSE

 Question 15, answer B is CORRECT.   According to FERPA, directory information MAY include the following information: student name, address, telephone number, date/place of birth, major, fields of study, participation in officially recognized activities and sports, height/weight of athletes, dates of attendance, degrees and awards received and most recent education institution attended.

 NYIT has chosen not to include class schedule as directory information although its inclusion would be permitted under FERPA.

 

16. A student's degree can be confirmed to some external (outside of your college) source without first obtaining the permission of the student as long as "degree" is identified by the institution as directory information:

1. TRUE

2. FALSE

 Question 16, response A is CORRECT.   In this case the institution (NYIT), has made degree information part of its directory information, therefore it can be released without the student's prior consent.   (This assumes that the student has not made a written request for non-disclosure of directory information.)

 

17. Faculty have a right to inspect education records of any student attending NYIT without giving a reason:

1. TRUE

2. FALSE

 Question 17, answer B is CORRECT.  Faculty members are normally considered "school officials. "   But, the faculty member will have to demonstrate "a legitimate educational interest" in his/her request to access student records, e.g. , advising students, retention study, etc.   Faculty do not have access to student academic records unless their normal job duties specifically require access.

 

18. Former students of an institution of higher education have the right to request that their education records not be disclosed, and the institution must comply:

1. TRUE

2. FALSE

 Question 18, answer B is CORRECT.   Former students may request non-disclosure of their education records, but the institution does not have to honor the request.   However, institutions can choose to grant the right of non-disclosure to former students.

 

19. You receive a phone call from excited parents claiming that there IS a family emergency, and they need to get in touch with their daughter immediately. Can you tell the parents the day, time and location of their daughter's class?

1. YES

2. NO

Question 19, answer B is CORRECT.  At NYIT, a student's class schedule is not listed as a directory information item, therefore this information may not be released.   The question presented the situation as a FAMILY emergency.   FERPA also states that if the release of non-directory information is "necessary to protect the health or safety of the student or other individuals," then this information may be released.

 

  20. You receive a phone call from the father of a student who states that his son just viewed an unofficial transcript and after reviewing the report, the father and son have some questions.   Can you answer their questions?

1. YES

2. NO

 Question 20, response B is CORRECT.  Information in a transcript is confidential. The father may not have access to their son's transcript unless the son has provided a written authorization for the father to do so.  You cannot answer the father's questions.  Also, unless you have positively verified that the caller is the student who owns the record, confidential information should not be discussed over the phone.  You should never discuss a student's education record over the phone with a third party, e.g., parent, spouse, employer, etc.  It is a violation of FERPA to release non-directory information over the phone to a third party, including the parents of the student, unless the information is needed to help resolve an emergency situation.
 

What is FERPA?	FERPA for Faculty	FERPA for Students
FERPA for College Staff & Administrators	FERPA for Parents	Test Your FERPA Knowledge