FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT

RECORDS NOT GOVERNED BY FERPA

Records not covered by FERPA include:

• Records created and maintained by teachers, supervisors, administrators, and other college personnel that remain in the sole possession of the creator and are not shared with others (except a substitute or someone temporarily filling the role of the creator).

• Records maintained by a school’s law enforcement unit. A “law enforcement unit” is typically either a campus security force or that department at a college that enforces local, state, and federal law or refers such matters to the authorities. Only those records created and maintained by a law enforcement unit for a law enforcement purpose are excluded from FERPA. Records that are created by the unit but maintained elsewhere or records that are created by the unit for non-law enforcement purposes (e.g. disciplinary records) are subject to FERPA.

• Personnel records, so long as the employee does not attend the college. “Personnel records” are those made and maintained in the normal course of business, relating exclusively to the individual in his or her capacity as an employee, and not available for any other purpose.

• Records maintained by health and mental health professionals and their assistants (e.g. doctors, psychiatrists, psychologists) in their professional capacity. Such records must be used only in connection with treatment of the student. “Treatment” does not include remedial education or other types of instruction. Although a college is not required to permit a student access to treatment records, the student may have those records reviewed by a doctor or other appropriate professional of the student’s choice.

• Records concerning the student’s life after he or she is no longer a student at the college.

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