“Musts” and “Mays” of FERPA

FERPA has sections that explicitly require institutions to perform an action or sections which allow institutions to perform an action. In the former case, institutions “must” comply or in the latter case, the institution has control over a decision. There are a few “musts” and many “mays” in FERPA. What does this mean for you? Just because FERPA gives the option to release information, it does not mean the information should be released.

Legitimate Educational Interest

As a school official, a legitimate educational interest is required in order to access the education records of a student. This means the school official must “need to know” information from the student’s education record in order to perform job duties.

Parents’ Rights

After a student turns 18 or reaches postsecondary education, the rights of the parents under FERPA are transferred to the student. This means parents no longer have inherent rights to review or access a student’s education record without the student’s written consent. If a student would like to give a third party (parent, friend, employer, etc.) access to their education record, the student needs to provide their written consent.  One option is to complete a Release to Exchange Information Form in the presence of an Enrollment Services staff member with valid photo ID or if in person is not possible, a completed Release to Exchange Information Form with a copy of signed photo ID can be emailed to registration@highline.edu.  Please note, the released information will only include applicable Enrollment Services Information and must be completed on an annual basis.  Attendance records, faculty notes, and financial aid records will not be released. If a parent comes to you requesting information, refer them to the Registration and Records Office.

Grades and Assignments

Posting grades should be done in a confidential manner. Publicly posting grades using the student’s name, SID, or SSN is a violation of FERPA.  It is recommended to give out test scores, grades, or assignments in class to students individually, using Canvas, or through a Highline email account (see the Email Section). FERPA violation examples: leaving a stack of tests in a basket for students to sort through, calling out test grades by name during class, taping tests to your office door for a student to pick up, posting a list of grades by last four digits of SID.

Email

All faculty, staff, and students are provided a Highline email account to be utilized for official correspondence.  Including non-school officials or third parties in email correspondence that contains student information, is a FERPA violation and prohibited.  No personally identifiable information can be transmitted through personal email which includes but is not limited, grades, class schedules, waitlist status, permission to enroll in a class, information regarding registration blocks, etc.  Additionally, Social Security Numbers should NEVER be included in an email.

e-Learning

According to college policy, multiple class sections (item numbers) cannot be merged into a single space in an online learning support system (such as Canvas), when those sections are a) face-to-face or hybrid classes scheduled in separate rooms or at different times of the day, or b) online courses. A separate course shell or course site must be established for each class section (item number).  When sections are merged in Canvas and other learning resources, students are able to see – and be seen by – students from other sections of the class. Enrollment status is protected information under FERPA and therefore, should not be accessible by students from different sections (item numbers). For more information regarding this policy, contact the Instructional Design department.

Letters of Recommendation

A student is required to provide written consent for a letter of recommendation if any non-directory information will be used in the letter such as grades, GPA, etc. There is no implied consent in FERPA.

Health and/or Safety Emergencies

If in a Health and/or Safety Emergency non-directory information is requested, please refer the requesting party to the Registrar/designee or to Public Safety. For emergency police or medical services, please call 911.

Student Workers

Student workers are considered school officials under Highline College’s definition of school official. If a student worker has access to education records, the student worker must complete FERPA training and has all of the same responsibilities relating to the protection of education records.

Subpoenas or Court Orders

If you receive a subpoena or court order to release information, immediately contact the Registrar.

Third-Party Request for Information

If a third party such as a parent, friend of a student, employer of a student, or nonschool official requests the release of information relating to the education record of a student, including attendance, grades reports, and academic progress, please refer all requests to the Registrar.

What are students’ rights?

The following are rights given to students under FERPA:

• The right to inspect and review the information contained in education records within 45 days of the day the college receives the request for access. Students are required to submit a written request to the Registration and Records Office, which identifies what record(s) they wish to inspect.
• The right to request an amendment to the education records to ensure they are not inaccurate, misleading, or otherwise in violation of the student’s privacy or other rights. Students have up to thirty (30) days after the quarter ends to request the college amend a record they believe is inaccurate or misleading. The process for submitting such a request is to complete a Petition for Policy Exception Form, which is available on the Registration and Records website. The form must identify the change that needs to be made and why the record is inaccurate or misleading. Please note, there is a separate process for students who wish to file an Institutional Grievance to challenge an improperly recorded grade. Information on the Institutional Grievance process is available from faculty, advisors, and deans. If the Registrar decides not to amend the record as requested by the student, the student will be notified via the student’s Highline College email account. Students have the right to request a hearing.
• Consent to disclosure, with certain exceptions, of personally identifiable information from education records. If a student would like to give a third party (parent, friend, employer, etc.) access to their education record, the student needs to provide their written consent. One option is to complete a Release to Exchange Information Form in the presence of an Enrollment Services staff member with valid photo ID or if in person is not possible, a completed Release to Exchange Information Form with a copy of signed photo ID can be emailed to registration@highline.edu. Please note, the released information will only include applicable Enrollment Services information and the form will need to be completed on an annual basis. Attendance records, faculty notes, and financial aid records will not be released. Personally identifiable information relating to a student’s education record will not be released without the student’s written consent unless it falls under one of the exceptions. Exceptions may include and are not limited to: Highline school officials who have a legitimate institutional interest; officials of another school in which a student is concurrently enrolled, or seeks or intends to enroll; military recruiters; authorized representatives of federal, state or local educational authorities; approved third party servicers in relationship to financial aid for which the student has applied or the student has received; organizations conducting studies for or on behalf of the institution; accrediting organizations; to comply with a judicial order or lawfully issued subpoena; in connection with a health or safety emergency; directory information; and/or sex offenders and other individuals required to register under state or federal law. School officials with a legitimate educational interest, “need to know” in order to perform their job duties, may access education records without students’ written consent. The term “school official” is described in more detail in the Definition of School Official at Highline section.
• Complaints should be addressed with the Department of Education concerning alleged failures by institutions to comply with FERPA. Complaints should be sent to the office that monitors FERPA, The Family Policy Compliance Office. Written complaints should be directed to:

U.S. Department of Education
Family Policy Compliance Office
400 Maryland Avenue, SW
Washington, DC 20202
File complaint online
Phone: 202-260-3887
Fax: 202-260-9001
Email: FERPA.Complaints@ed.gov

Definition of School Official at Highline

A school official is a person employed or contracted by the college in an administrative, supervisory, academic, research, or support staff position (including campus security officers). Additionally, it may include a person, company, or agency with whom the college has contracted (such as an attorney, auditor, collection agent, public service agency, education agency, or school); a person serving on the Board of Trustees; a Highline College Foundation employee; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing tasks. Volunteers and interns serving in any of these capacities are also considered school officials. However, in order for a school official to be eligible to access certain education records, the school official must have a legitimate educational interest. In other words, the school official must “need to know” the information they are seeking in order to perform job duties.

Right to Withhold Directory Information

If a student does not want directory information to be released, they can complete a Request to Have Directory Information Withheld Form with the Registration and Records Office. Under FERPA provisions, students have the right to withhold the disclosure of the information designated as Directory Information. This decision will result in: a financial aid refund not being directly deposited; a delay in accessing funding; the student’s name not appearing in the commencement program or other college publications; and employers, scholarship committees and other similar entities will be denied any requests for directory information, which includes degrees and awards received. These entities will be told that the College has no information available concerning attendance at Highline College.

Right to Release Personally Identifiable Information

If a student would like to give a third party (parent, friend, employer, etc.) access to their education record, the student needs to provide their written consent. One option is to complete a Release to Exchange Information Form in the presence of an Enrollment Services staff member with valid photo ID or if in person is not possible, a completed Release to Exchange Information Form with a copy of signed photo id can be emailed to registration@highline.edu. Please note, the released information will only include applicable Enrollment Services Information and must be completed on an annual basis. Attendance records, faculty notes and financial aid records will not be released.

When do FERPA rights begin at Highline?

Students’ FERPA rights begin after admissions. This includes acceptance into programs such as Continuing Education, Adult Basic Education, and English as a Second Language.

Photo Identification

Students must provide photo identification to Highline College staff before specific information regarding a student’s education record will be released.

Additional Information/Resources

If you would like more information regarding FERPA, please use the links below.

• U.S. Department of Education
• Student Privacy Guidance
• FERPA Information for Students
• FERPA Information for Parents