FERPA Student Records Exam Questions With Verified Answers

Annually Notify - Answer Colleges are required to do this for parents or eligible students so that they are aware of their rights to inspect and review records, seek amendment of records, provide consent to disclose records and files a complaint with the Department of Education for compliance failures. Dates of Attendance - Answer Academic year, fall term or first quarter; daily records are not necessary. Dependent - Answer For parents to be given general access to their child's college records, they must have claimed the student as this on their last federal income tax statement. Family Policy Compliance Office (FPCO) - Answer Where FERPA complaints are filed; communicates with ED to determine eligibility for funding (attach to FERPA) Indirect Recipients - Answer A college is considered to be this if its students receive monetary benefits such as federal grants, loans or work-study. Parent - Answer May be a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian. Proper Identification - Answer Students can be required to provide this to gain access to personal records and to review the docket or file while in the records office. FERPA - Answer This law applies only to educational institutions that are either direct or indirect recipients of federal funds made available by the Department of Education (20 USC § 1232g; 34 CFR Part 99). Specifically, the law states that: "No funds shall be made available under any applicable program to any educational agency or institution which has a policy of denying, or which effectively prevents, the parents of students who are or have been in attendance at a school of such agency or at such institution . . . the right to inspect and review the education records of their children" (emphasis added) (20 USC § 1232g(a)(1)(A)). Funds may be withheld either when there is a policy of denying access OR when the institution effectively prevents access, regardless of policy. FERPA - who is it limited to? - Answer FERPA (like title IX) is limited in application only to educational entities (e.g., Letter to University of Wisconsin (FPCO Feb. 3, 2003) (finding no FERPA violation when the requested records were maintained by an organization and not the university)). Qualifying as a Person to Whom Access is Permitted and From Whom Permission is Acquired - Answer The FERPA provides access rights to the parents of a student until the student reaches the age of 18. At age 18 OR when the student attends an institution of postsecondary education, the student is permitted access and provides consent for others to gain access (34 CFR §§ 99.3 & 99.5; Mesa College, 6 FAB 7 (FPCO 2002)). The child must be a current or former student—including correspondence and work-study programs on a part-time or full-time basis (34 CFR § 99.3). Does FERPA apply to audited courses or to those denied admission? - Answer Access is not required for students who have only audited courses or for those who have applied but were denied admission (20 USC § 1232g(a)(6); 34 CFR § 99.5(c); Tarka v. Franklin, 891 F.2d 102 (5th Cir. 1989)). How can parents get access to educational records? - Answer For parents to be given general access to their child's college records, they must have claimed the student as a dependent on their last federal income tax statement. If so, then access may be permitted; if not, access must be denied (20 USC § 1232g (b)(1)(H); Internal Revenue Code, 26 USC §152). Note that although FERPA permits colleges to provide access to "eligible parents," it does not require access, even if the student is found to be a dependent (Mesa College, 6 FAB 7 (FPCO 2002)). Given that providing access to parents of college students is discretionary, it is recommended that the student be notified of the access request and be permitted to show that he or she is no longer a dependent. This practice will further protect the privacy right of the student.