Tufts University School of Medicine

FERPA for Faculty/Staff

The Family Educational Rights and Privacy Act (FERPA), also known as the Buckley Amendment, was passed by Congress in 1974. It grants students certain rights with respect to their education records:

The right to inspect and review education records.

  • The right to request the amendment of education records if thee student believes they are inaccurate.
  • The right to require the student's written consent before releasing information from the education record.
  • The right to file a FERPA complaint with the Student Privacy Policy Office (U.S. Department of Education).

FERPA governs what information may be released, but it does not require that any information be released. FERPA applies to all educational agencies or institutions which receive funds under any program administered by the Secretary of Education.

It’s Your Responsibility 

As a faculty or staff member, you have a legal responsibility under FERPA to protect the confidentiality of student education records in your possession. You have access to student information only for legitimate use in the completion of your responsibilities as a university employee. “Need to know” is the basic principle.Your access to student information is based on your faculty or staff role within the university. You may not release lists or files with student information to any third party outside your departmental unit.Student education records (other than directory information) are considered confidential and may not be released without written consent of the student. Student information stored in electronic formats must be secure and available only to those entitled to access that information.If you’re in doubt about a request for student information, contact the TUSMGP Registrar's Office via email at TUSMGPRegistrar@tufts.edu.

Directory Information vs. Confidential Information Directory Information: Tufts University directory information consists of the following: student's name; address; telephone number; date and place of birth; academic program; enrollment status; degrees, honors, and awards received; participation in athletics and student activities; most recent education institution attended; email address; and photo.

Confidential Information: With the exception of directory information, all student records are considered to be confidential and may not be released.

Data Storage and Access: Faculty and staff accessing and storing confidential information in unsecure locations (e.g., flash drives, public or home computers, etc.) create the risk of unauthorized access to protected education records.

FERPA “Danger Zones” 

  • Circulating a class list with student names, ID numbers, or grades. 
  • Discussing the progress of any student with anyone other than the student without the written consent of the student (e.g. parents, employers, other students). 
  • Providing anyone with lists of students enrolled in your classes. 
  • Providing anyone with student schedules or assisting anyone other than university employees in finding a student on campus. 
  • Providing directory information about a student who has requested confidentiality. 
  • Re-disclosing confidential information to a third party without authorization. 
  • Including personally identifiable information about student “A” in student “B’s” record without student A’s written consent. 
  • Including FERPA protected information in a letter of reference without the student’s written consent (this includes the student’s GPA or grade in your class).

Frequently Asked Questions

  • Education records are directly related to a student and are maintained by an educational agency or institution or a party acting for or on behalf of the agency or institution. These records include, but are not limited to: grades, transcripts, class lists, course schedules, financial information, and discipline files. The information may be recorded in any medium (e.g., print, handwritten, email, video or audio tape, etc.). Exempted from the definition of education records are “sole possession” records/notes. These records are made by one person as an individual observation or recollection, are kept in the possession of the maker of the record, and only shared with a temporary substitute. Sharing with another person or placing the records in an area where they can be viewed by others makes them subject to FERPA. Best advice: If you do not want it reviewed, do not write it down.

  • No. Before releasing any information, check for a “Privacy Block” or other restriction. If the student has requested that Directory Information be withheld, no information can be released. If the student does not have a “Privacy Block” or other restriction, Directory Information may be released (note: FERPA does not require that such information be released).

  • No. Education records may only be disclosed without consent to school officials with a “legitimate educational interest”. Generally, a school official has a “legitimate educational interest” when they need to review part or all of an education record in order to fulfill a discrete professional responsibility. Since the need to review can vary depending on the specific professional responsibility being fulfilled, the “legitimate educational interest” must be established on a case-by-case basis for every request. If a legitimate educational interest is established, disclosure of the education record must be constrained only to the information necessary (i.e., an interest and disclosure of a student's class schedule does not inherently grant disclosure of a student's grades, GPA, etc.).

  • No. Many instructors ask whether it is permissible to review their students’ educational history, as they want to ensure they provide the necessary support and content in their classes to help students be successful; however, it has been determined that this is not a “legitimate educational interest” under FERPA, as it is not necessary to know this kind of information in order to effectively deliver course content. Therefore, this is not permitted.

  • No. FERPA generally prohibits disclosure of information from education records, except in certain specified circumstances. One of these exceptions permits the non-consensual disclosure of information to a student's parent only if the student is a dependent. If a student is claimed as a dependent by either parent for tax purposes, then either parent may have access under this provision; however, disclosure is not required, and you should speak with the TUSMGP Registrar's Office prior to making such a disclosure. Spouses of students have no rights under FERPA. Before disclosing information from a student’s education records to a spouse, the student would have to provide written consent.

  • Students may choose to allow the release of their education records to a specified third party by completing a Consent for Disclosure of Education Records form. Such a form must: (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 the disclosure may be made. The form may remain on file for the specific request outlined on the form, assuming the student provided authorization for on-going use. While this form may authorize the school official to release the student’s records, it does not obligate the school official to do so; Tufts University School of Medicine reserves the right to review and respond to requests for release of education records on a case-by-case basis.