FERPA


Family Education Rights & Privacy Act of 1974 (FERPA)  

How UF Protects Student Records  

The university ensures the confidentiality of student records in accordance with the provisions of various federal, state, and university regulations, including the Family Educational Rights and Privacy Act of 1974 (FERPA), as amended, also known as the Buckley Amendment. The statutes and regulations also provide certain rights to students concerning their education records. 

All student records including but not limited to academic records, treatment and counseling records, and disciplinary records are confidential and cannot be released without the student's consent except directory information that may be released without the consent of the student. 

The Office of the University Registrar routinely releases directory information to the public. Currently enrolled students must contact the Office of the University Registrar if they wish to restrict release of directory information. Directory information may also be released by other university departments and/or employees. 

Students who do not want their addresses or phone numbers published on the Web should update their directory profile. Please note that this is not the same as restricting release of directory information (Privacy Hold). 

A student who wishes to restrict release of their directory information must submit the Restriction of Directory Information form using the secure upload. 

 

Learn More About Common FERPA Terms

Browse through the menu below to learn more about some common definitions. Additional FERPA definitions can be found on the registrar website.

Educational Records

Any records that are maintained by an educational institution and directly relate to a student, not including sole possession, law enforcement, employment or medical records, or records created after a student has left the university. 

Directory Information

Directory information is the information available about a student that is not considered harmful or an invasion of privacy if disclosed. While FERPA and state law protect the privacy of educational records, directory information is not treated as confidential and may be disclosed by the university without student consent unless the student requests a privacy hold. 

School Official

An agent of the university or the State University System of Florida in an administrative, supervisory, academic, research or support staff position; members of university committees, boards, and/or councils; and persons under contract with the university to perform a special task, such as an attorney or auditor.

Legitimate Edu. Interest

Legitimate educational interest means a university official has a need to access student education records for the purpose of performing an appropriate educational, research or administrative function for the university. 

Student educational records may be released without consent to school officials who have a legitimate educational interest in accessing the records. A university official has a legitimate education interest when they need to access student education records for the purpose of performing an appropriate educational, research, or administrative function for the university.

The university also may disclose information from a student's record without the student's consent to individuals or entities permitted such access under applicable federal and state law. 

A student has the right to review their own educational records for information and to determine accuracy. A photo I.D., other equivalent documentation, or personal recognition by the custodian of record will be required before access is granted. Parents of dependent students, as defined by the Internal Revenue Service, have these same rights upon presentation of proof of their dependent status. 

Students that believe their educational record contains information that is inaccurate, misleading or in violation of their privacy rights may ask the institution to amend the record. Procedures for the amendment of records can be found below.  

FERPA requires institutions to provide students with annual notification of their rights under the statute. UF provides this annual notification in the undergraduate and graduate catalogs. Students who suspect that a FERPA violation has occurred should contact the Vice President for Student Affairs (155 Tigert Hall; 352-392-1265), or the University Privacy Office (720 SW 2nd Ave, Gainesville, FL 32608; 352-294-8720) or they can contact the Family Policy Compliance Office within the U.S. Department of Education. 

The Annual Notice can be found in the UF catalog

 

What Rights Do Students Have? 

Access  

Under FERPA, UF must provide an eligible student with an opportunity to inspect and review his or her education records within 45 days following its receipt of a request.  

The student should submit to the Registrar, Privacy Office, Dean, chair of the department, or other appropriate UF official a written request that identifies the record(s) the student wishes to inspect. UF will make arrangements for access and notify the student of the time and place where the records may be inspected. The UF official to whom the request was submitted shall contact the Registrar and Privacy Office to facilitate the process.  

 

Amendment  

Under FERPA, an eligible student has the right to request that inaccurate or misleading information in his or her education records be amended. The eligible student should submit a written request to the Privacy Office or Registrar that identifies the record(s) the student wishes to amend, the inaccurate or misleading information contained therein, and why the record should be amended. 

While UF is not required to amend education records in accordance with a student's request, UF is required to consider the request. If UF decides not to amend a record, the Privacy Office shall inform the student in writing of his or her right to a hearing on the matter. Additional information regarding the hearing will be provided to the student when notified of the right to a hearing. 

The FERPA amendment procedure may not be used to challenge a grade, an opinion, or a substantive decision made by UF about an eligible student.  

 

Complaints  

Students have the right to file a complaint with the U.S. Department of Education concerning alleged failures by UF to comply with the requirements of FERPA.  

Students who suspect that a FERPA violation has occurred should contact the University Privacy Office, or they can contact the Family Policy Compliance Office within the U.S. Department of Education.  

The office that administers FERPA is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202-4605.  

 

Consent for Disclosure of Education Records  

Students have the right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent.  

Under FERPA, UF may not generally disclose personally identifiable information (PII) from an eligible student's education records to a third party unless the eligible student has provided written consent. 

However, there are a number of exceptions. The following is general information regarding some of these exceptions:  

  1. FERPA allows “school officials,” including teachers, within UF to obtain access to education records provided UF determined that they have “legitimate educational interest” in the information.  
  2. UF may disclose education records without consent to another school in which the student seeks or intends to enroll.

  3. UF may disclose education records without consent when the disclosure is in connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes. 

  4. UF may disclose education records without consent when the disclosure is to the parents of a "dependent student" where either parent claimed the student as a dependent 

  5. UF may disclose information from education records without consent, to appropriate parties, including parents of an eligible student, in connection with a health or safety emergency. 

  6. For students under 21, UF may disclose information from education records without consent when the disclosure is to the parents regarding the student's violation of any Federal, State, or local law, or of any UF policy regarding use or possession of alcohol or a controlled substance.

  7. UF may disclose information from a student's education records when such information has been appropriately designated as directory information. 

  8. UF must provide records in response to a lawfully issued subpoena or similar legal process.