Feb 2, 2009

New FERPA Regulations


The Education Department has has revised its FERPA regulations in order to ensure that advisors (and other higher education profressionals) can act appropriately when the health and/or safety of a student is in question.

The revision states that professionals can reveal information that would otherwise be privledged "in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals". This language is obviously in reference to the Virginia Tech shootings of 2007. At the time, VT administrators believed they were unable to take certain precautions because it would compromise the FERPA rights of the gunman.

FERPA December 2008 Regs
Grand Rapids Community College has a great FERPA video



While it was always the case that an advisor (or other professional) who had information pertaining to the health or safety of a student was permitted to act on it, there is perpetually confusion and fear regarding the legal issues surrounding FERPA.

What this revision provides is a clear message to those of us in the higher education industry: If you have information regarding the health and/or safety of a student and you can articulate it you have the obligation to report it. You are protected under FERPA from retribution as long as you are acting in good-faith. The Education Department will support your judgement when making this decision.

My personal opinion on this topic is that it is long overdue. Prior to this revision, professionals had to be extremely well-versed in the FERPA regulations in order to understand that they could indeed reveal information needed to maintain campus safety. The Education Department is now sending us a very clear message about what we are expected to do. I would still recommend that all advisors take a few moments every once in a while to familiarze and refresh ourselves on FERPA.

FERPA Resources:

NACADA FERPA Overview

McDaniel College's FERPA Video

FERPA and Financial Aid

University of Arizona online FERPA Course

Department of Education FERPA Overview

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