FERPA

Confidentiality of Students’ Education Records

The education records of University students and applicants are protected from disclosure under federal law [the Family Educational Rights and Privacy Act (FERPA)], and Florida law (Sections 1002.225 and 1006.52 of the Florida Statutes).  Pursuant to these laws, records maintained by the University that are directly related to a student or contain the student’s personally identifiable information are confidential with a few exceptions.

  1. The law authorizes educational institutions to designate certain records as “directory information” which may be disclosed without a student’s consent unless the student has notified the University in writing not to disclose his or her directory information.  FIU Regulation 108, Access to Student Education Records, designates as “directory information” the student’s name, address, telephone number, date and place of birth, student classification and major and minor fields of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, student’s dates of attendance, degrees and awards received, the most recent educational institution attended, and photographic images.  University employees may contact the Registrar’s Office to determine if the student’s directory information is restricted and therefore may not be released except pursuant to the student’s written consent or a properly issued and served subpoena.  See FIU regulations.
  1. Certain records such as law enforcement records and alumni records are not education records and may be disclosed without the student’s consent.
  1. Students may authorize in writing the disclosure of their education records.  See FERPA release form.
  1. Education records may be disclosed pursuant to a lawfully served and issued subpoena following notification to the student.

A Moodle course entitled, “FERPA: Family Educational Rights and Privacy Act”, provides more detailed information concerning the confidentiality of students’ education records, the responsibilities of University employees to maintain such confidentiality,  and the students’ right of access.