The Fundamentals of FERPA

Perhaps no statute is more fundamental to higher education than the Family Educational Rights and Privacy Act (FERPA).  It touches almost everything that institutions do and almost every administrator they employ. And perhaps no higher education statute is more misunderstood.  While its provisions are relatively straightforward, confusion arises when administrators rely on misconceptions about what FERPA should say rather than on its actual language.

Join instructors Melissa Holloway and Steven McDonald in this eight-module online course that will give you a comprehensive, practical understanding of FERPA, so that you can apply it accurately and appropriately on your campus:  When may you share records about a student, what records may be shared, and with whom may you share them?  When and how may a student access his or her own records – and require you to correct them?  What (really) happens if you get it wrong, and how can you fix it when you do?

This informative and convenient course is a blend of self-study and instructor-facilitated learning. Participants can access materials 24 hours a day, seven days a week.

The course features access to:

  • Eight modules (narrated PowerPoint presentations, self-assessments, and extensive resources). 
  • Two interactive, live online forums with the course instructors (recordings are made available to those who were not able to attend live). 

Course Schedule

Introduction

  • Course objectives and outline
  • Background/history and basics
  • Overview of FERPA's structure
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What is an "Education Record?"

  • FERPA's "revisionist" history
  • Key definitions
  • Email and other examples
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What Isn't an "Education Record?"

  • Key exclusions
  • FERPA, HIPAA, and state medical confidentiality statutes
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Disclosure of Education Records I

  • Disclosures with and without consent
    • Directory information
    • Health or safety emergency
    • School officials 
    • Parents
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Disclosure of Education Records II

  • Without consent (continued)
    • Disciplinary actions
    • FERPA and Title IX
    • State longitudinal database systems

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Disclosure of Education Records III

  • Implied waiver of FERPA rights
  • Disclosure of de-identified records
  • Authentication requirements for disclosure
  • Safeguarding requirements
  • Implicit disclosures
  • Redisclosure and recordation requirements
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The "Forgotten" Parts of FERPA

  • The right to "inspect and review"
    • Records pertaining to multiple students
  • The right to "seek amendment"
  • Annual notification of rights enforcement
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Applied and Practical FERPA

  • Teaching and working in the cloud
  • FERPA vs. state public records requirements
  • Transcript notations
  • Practical tips
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Live Forums

FIRST FORUM

Thursday, October 24, 2024, 2:00-3:15 pm ET

This forum, which is supplemental to the course, will cover content addressed in Modules 1 - 5.
  • Opportunity for Q&A with course instructors
  • Unable to attend live? The recording is available on the course platform for all registrants

SECOND FORUM

Thursday, December 5, 2024, 1:00-2:15 pm ET

This forum, which is supplemental to the course, will cover content addressed in Modules 6 - 8.
  • Opportunity for Q&A with course instructors
  • Unable to attend live? The recording is available on the course platform for all registrants

Instructors

Melissa Holloway

Melissa Holloway has served as General Counsel and Vice-Chancellor of Legal Affairs, Risk, and Compliance for North Carolina Agricultural & Technical State University, located in Greensboro, North Carolina, since May 2019.  N.C. A&T is the largest HBCU in the country with a student enrollment of approximately 12,700 students.  Melissa previously served...

Steven J. McDonald

Steve McDonaldSteven J. McDonald was General Counsel at Rhode Island School of Design from 2002 until his retirement in 2021 and previously served as Associate Legal Counsel at The Ohio State University. He is the editor of The Family Educational Rights and Privacy Act: A Legal Compendium; the author of articles on FERPA for the...

About Online Courses

NACUA's online courses give participants in-depth coverage of important issues in the practice of higher education law. Each course features webinars that enable participants to ask questions to...

CLE Credit Information


You may be eligible to receive CLE credit for participating in a NACUA online course. MCLE credit is subject to each state's rules and regulations. States differ in their definition of "CLE"...

Frequently Asked Questions

This eight-week course contains narrated PowerPoint presentations (like pre-recorded virtual forums), self-assessment quizzes, and reading assignments. In addition, this course...