Individuals without legitimate educational interest must present either:
- A release of education record, or;
- A valid subpoena or court order.
You have the authority and responsibility to deny any request for data that you feel is not legitimate. When in doubt, it is always wiser to err on the side of caution than to release information that may constitute a FERPA violation.
When responding to an inquiry about a student, you must determine whether the student has placed a restriction on his/her record. If a student has filed a restriction, records are marked *CONFIDENTIAL* and Web for Faculty records include the note "THE STUDENT HAS RESTRICTED RELEASE OF DIRECTORY INFORMATION." Class lists have the symbols >> preceding the student name.
An appropriate response to an inquiry about a student with a directory restriction is, "I’m sorry, I have no information for a person (or individual) by that name."
Note: Use of the term "student" in your response is not permitted under FERPA regulations.
You may not respond to the inquiry by indicating that the person has restricted the release of his/her directory information.
Subpoena or Court Order
If presented with a subpoena or court order, faculty and staff are to contact the University Registrar immediately. The University Registrar, in consultation with the General Counsel to the President, determines validity of and extent of compliance with subpoenas and court orders.