Exceptions do Exist With any Law and the Following are Excluded From the Definition of an Education Record:
- University law enforcement records;
- Employment records when the employment is not connected to student status (for example, a staff member who also happens to be pursuing a degree at the institution, not to be confused with a student who is on a federal work-study program);
- Medical and mental health records used only for treatment of the student;
- Alumni records which do not relate to or contain information about the person as a student; and
- “Sole possession records,” (faculty and staff personal records not shared with others and only for the personal use of the maker).
The term “sole possession records” is intended to cover memory aids or reference tools. It does not refer to records that contain information provided directly by a student or records that are used to make decisions about a student. As such, this is a very limited exception. For example, personal notes from a committee meeting recommending students for a particular program would not be considered sole possession records if they are used to make a decision about a student.
FERPA | Major Concepts in FERPA | Who is a Student | What is an Education Record? | Exceptions | FERPA Recognized Exceptions |
Legitimate Educational Interests | Records not Protected by FERPA | General Rule: | Disclosure of Education Records |
Releasing Records | Who is a School Official | Confidential Records | "Keeper" of the Record | Parent Access to Student Record | Important Note | Email and Computer Guidelines | Summary | Warnings Against Non-Compliance | Additional Resources |