FERPA: Education Record Information

What is considered education record information under FERPA?

Education records are records that are: 

  • directly related to a student
  • maintained by an educational agency or institution or by a party acting for the agency or institution
  • records relating to an individual in attendance at the agency or institution who is employed as a result of his or her status as a student 

The term education record does not include: 

  • records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to an other person except a temporary substitute for the maker of the record
  • records of the law enforcement unit of an educational agency or institution
  • records relating to an individual who is employed by an education agency or institution that:
    • are made and maintained in the normal course of business
    • relate exclusively to the individual in that individual's capacity as an employee
    • are not available for use for any other purpose
  • records on a student who is 18 years of age or older, or is attending an institution of postsecondary education that are:
    • made or maintained by a physician or other recognized professional acting in that capacity
    • made, maintained, or use only in connection with treatment of the student 
    • disclosed only to individuals providing the treatment
  • records created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly related to the individual's attendance as a student
  • grades on peer-graded papers before they are collected and recorded by a teacher