Understanding Non-Directory Information under FERPA Regulations
With the rise of online education, there has never been a greater need to understand the Family Educational Rights and Privacy Act (FERPA). FERPA is a federal law that safeguards the privacy of student education records, particularly non-directory information.
What is Non-Directory Information?
Non-directory information is any information that is personally identifiable to a student, which is not considered directory information. FERPA defines directory information as information that is not generally considered harmful or an invasion of privacy if disclosed, such as the student’s name, address, telephone number, email address, and photograph.
Non-directory information, meanwhile, includes grades, test scores, course schedules, disciplinary records, financial aid information, and other related data that could identify the student. Non-directory information is considered sensitive and requires additional protections under FERPA regulations.
How is Non-Directory Information Protected?
FERPA requires educational institutions to obtain written consent from students or their parents before disclosing non-directory information. This consent must meet certain criteria, such as specifying the information to be released, the purpose of the disclosure, and the party to whom the information will be disclosed.
In certain cases, FERPA allows for disclosure of non-directory information without consent if the disclosure is for legitimate educational reasons, such as fulfilling a student’s request for a transcript or sharing information with school officials who have a legitimate educational interest. However, each disclosure must conform to specific guidelines to ensure that the student’s privacy remains intact.
What are the Penalties for Violating FERPA Regulations?
FERPA violations can result in significant penalties, including the loss of federal funding, legal action, and public backlash. For example, in 2019, the U.S. Department of Education fined Michigan State University $4.5 million for violations related to its handling of non-directory information regarding Larry Nassar, a former employee who was convicted of sexually abusing students.
Conclusion
Non-directory information is a critical component of student privacy protections under FERPA. Educational institutions must take this responsibility seriously by obtaining consent, ensuring that legitimate educational interests are met, and understanding the potential consequences of violating FERPA regulations. By doing so, they can create a safe and secure learning environment that prioritizes student privacy.
