Navigating Student Directory Information at UTK: A Guide to FERPA and Access
The University of Tennessee, Knoxville (UTK) is committed to protecting the privacy of student education records while also providing necessary information to faculty, staff, and other stakeholders who support student success. This article outlines how UTK manages student directory information in accordance with the Family Educational Rights and Privacy Act (FERPA), covering access protocols, permissible disclosures, and student rights.
Understanding FERPA and Student Rights
The Family Educational Rights and Privacy Act (FERPA) is a federal law that governs the privacy of student education records. This Act establishes requirements regarding the release of and access to these records. FERPA provides for the confidentiality of student records. It grants students specific rights regarding their education records, including the right to:
- Inspect and review their education records within forty-five days of notifying the University of their desire to do so.
- Challenge the content of their records if they believe the information is inaccurate, misleading, or violates their privacy rights. This includes the right to request an amendment to their records. Note that this right does not override other appeal processes in place at the University, such as grade appeals or academic dismissal appeals.
- Prevent the disclosure of personally identifiable information (PII) from their education records without their consent, with certain exceptions.
Students, faculty, and staff of The University of Tennessee, Knoxville shall be notified of their FERPA rights and responsibilities on an annual basis.
Defining Education Records and Directory Information
Any record that directly relates to a student and is maintained by the institution or a party acting on behalf of the institution is considered an education record. Protected education records can be maintained in paper, digital/electronic or other formats.
FERPA distinguishes between protected education records and "Directory Information." Directory Information is basic identification information of students at the University of Tennessee, Knoxville that the institution can release without the student's explicit consent. Examples of directory information include information that can be released without additional consent from the student, such as that contained in the campus telephone book, in the online web-based people directory, and in sports brochures.
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However, students have the right to restrict the release of their Directory Information. Once a student has restricted the disclosure of their Directory Information, this information will not be disclosed until the student provides written instruction to change this status. Students who have chosen to restrict the disclosure of their Directory Information will still have their identities appear on class rolls (printed and otherwise).
The University of Tennessee’s Information Technology Policy IT-0115 establishes a framework for classifying information. FERPA Directory Information is classified as Public (level 1), except where non-disclosure has been requested. All other FERPA information shall be classified and protected in accordance with Proprietary (level 2), and shall only be released in accordance with federal law.
Access to Student Records: Legitimate Educational Interest
Legitimate educational interest is the guiding principle for access to education records. In general, faculty and staff should have the minimum access to education records necessary to do their job in as efficient a manner as possible.
A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the University. A school official is defined as:
- A person employed by the University in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff).
- A person or company with whom the University has contracted as its agent to act or provide a service instead of using University employees or officials (such as an attorney, auditor, consultant, volunteer, or collection agent), the person is under the direct control of the University, and the person is subject to the same conditions governing the use and redisclosure of education records that apply to other school officials.
- A person serving on the Board of Trustees.
- A student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.
University employees who have access to all academic records include Academic Deans, Dean of Students, Directors of Advising Centers, Director of the Student Success Center, University Registrar, and their designees.
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Most faculty members will generally only need access to the class roster and grade records for courses they are currently teaching. Faculty members with advising duties will also have access to advising records for their advisees.
Electronic and Physical Access Protocols
Access to student records in electronic format will be controlled by the office responsible for the records. According to IT Security Policy IT0115, education records defined as “Directory Information” is classified as Public (level 1), and should be handled as such. Protected records include not just the the original sources, but also the display of records on monitors and view screens and screens should be protected to prevent records being viewed by unauthorized individuals.
In order to receive copies of education records (in printed or electronic format), faculty or staff members must be recognized to the satisfaction of personnel in the appropriate office or provide official University identification. Employees approved to receive education records may designate via written instruction on official University letterhead another person, such as staff in that respective office, as approved to physically obtain copies of the requested education records.
Release of Information to Third Parties
Release of information to third parties includes directory information, such as contained in the campus telephone book, in the online web-based people directory, and in sports brochures.
At times, it will be necessary for the University to obtain a student’s consent to release protected information. Additionally, all releases will expire within one (1) year of being executed or when stated on the form, except for the consent to release financial information. A student may, at any time, revoke a previously granted consent to release. The student must submit written instructions to the office where the consent to release was filed.
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When records are released to any third party, a statement (written or verbal, as appropriate) shall accompany the records released stating that the release is conditioned upon the third party not permitting any other party to have access to the records without the student’s written consent. All releases to third parties in accordance with previously listed exceptions shall be coordinated by the appropriate custodial office.
Inquiries from the media for information about students shall be directed to the Office of Communications and Marketing.
The Department of Education’s FERPA regulations expand the circumstances under which a student’s education records and personally identifiable information (PII) contained in such records - including the student’s Social Security Number, grades, or other private information - may be accessed without the student’s consent.
The Secretary of Education, or state and local education authorities (“Federal and State Authorities”) may allow access to a student’s records and PII without a student’s consent to any third party designated by a Federal or State Authority to evaluate a federal- or state-supported education program. The evaluation may relate to any program that is “principally engaged in the provision of education,” such as early childhood education and job training, as well as any program that is administered by an education agency or institution.
Federal and State Authorities may allow access to a student’s education records and PII without a student’s consent to researchers performing certain types of studies, in certain cases even when we object to or do not request such research. Federal and State Authorities must obtain certain use-restriction and data security promises from the entities that they authorize to receive a student’s PII, but the Authorities need not maintain direct control over such entities.
Record Keeping and Training
The Chancellor shall serve as custodian of all student records maintained by colleges, schools, and academic departments and shall designate the responsibility to the appropriate office, as needed. The custodian of a student’s education records will maintain a record of requests for access to and disclosures of information from a student’s education records as long as the education records are maintained. The record will indicate the name of the party making the request, what information, if any, was received, and the legitimate interest the party had in requesting or obtaining the information. The student may review the record.
Faculty, staff, and students who have access to protected records will be required to complete training as appropriate. General training about FERPA will be provided by the University.
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