76. Additional DoEd Regulations - Family Educational Rights and Privacy Act (FERPA)

Updated May 26, 2026

The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. FERPA regulations (34 CFR 99) establish the conditions under which educational institutions receiving funding from the Department of Education (DoEd) can disclose personally identifiable information from student records.

FERPA applies when researchers obtain student records or personal education information from DoEd-funded education programs, defined as any program principally engaged in the provision of education, including, but not limited to, early childhood education, elementary and secondary education, postsecondary education, special education, job training, career and technical education, and adult education.

The University of Nevada, Reno is subject to all applicable FERPA regulations. University requirements for maintaining the confidentiality and security of student education records may be found in the student policies on the University’s website.

Comprehensive information about FERPA may be found online at the US Department of Education website: Family Educational Rights and Privacy Act (FERPA).

Overview of FERPA Requirements

FERPA requires prior written consent from a parent or eligible student before an educational institution may disclose personally identifiable information from the student’s education records. An eligible student is a student who has reached 18 years of age or is attending an institution of postsecondary education. When a student becomes an eligible student, the rights accorded to, and consent required of, parents under FERPA transfer from the parents to the student.

FERPA requirements apply to investigators conducting research involving education records even when this information is obtained from or about their own students.

FERPA defines education records as records that are directly related to a student and maintained by an applicable educational agency or institution, or by a party acting for the agency or institution. Record means any information recorded in any way, including but not limited to handwriting, print, computer media, video or audio tape, film, microfilm, and microfiche. FERPA-protected education records include:

• directory information such as student name, address, telephone number, email address, major field of study, participation in officially recognized activities and athletics (including Greek organizations), weight and height measurements for members of athletic teams, dates of attendance, enrollment status (full-, half- or part-time; undergraduate or graduate), degrees and awards received, and listings of the most recent educational agency or institution attended;
• standardized and classroom tests, classroom assignments, course grades, graded documents, transcripts, class lists, emails containing student information, online discussion forums, class observations, and portal discussions;
• Records relating to an individual in attendance at the agency or institution who is employed as a result of their status as a student.

The FERPA definition of education records excludes the following, among other exclusions:

• Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record;
• Records on an eligible student that are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional acting in their professional capacity, when used only in connection with treatment of the student and disclosed only to individuals providing the treatment, excluding remedial educational activities or activities that are part of a program of instruction;
• Grades on peer-graded papers before they are collected and recorded by a teacher.

Oral consent for disclosure of information from education records does not meet FERPA’s consent requirements. Under FERPA, written consent must be signed, dated, and include the following elements:

• Specify the records that may be disclosed;
• State the purpose of the disclosure; and
• Identify the party or class of parties to whom the disclosure may be made.

Signed and dated written consent may include a record and signature in electronic form so long as the electronic format identifies and authenticates a particular person as the source of the electronic consent and indicates such person's approval of the information contained in the electronic consent.

Certain exceptions to FERPA requirements for written consent are outlined at policy 77. DoEd: Exceptions to FERPA Requirements. However, it may not always be possible to meet the criteria for a FERPA exception. Therefore, researchers who anticipate conducting research with their students’ academic coursework and other related records should plan to seek written consent at the outset of course initiation. Obtaining consent post-course or having another agent redact coursework so that the researchers can no longer identify students is typically a more involved approach.

Investigator Requirements to Use Education Records for Research

When submitting a protocol for IRB approval, investigators using student records for research are advised to:

• specify the student information that will be requested and used for research;
• describe the purpose and use of the education records;
• justify the use of identifiable records or the inclusion of personal identifiers in the data set (if applicable);
• describe how the investigators will obtain access to the education records;
• identify the parties to whom the information will be disclosed;
• describe how signed and dated written consent will be obtained, unless a FERPA exception applies.

University investigators who plan to conduct research involving student records, including directory information, must abide by the University’s student privacy policy. University investigators who do not already have access to the student records needed for the research (for example, by virtue of a dual role as a course instructor and researcher) must provide the Registrar’s Office with a copy of the IRB approval letter, list of the information requested, and summary of the purpose and use of the information. The registrar will review the request for the use/disclosure of the information for research purposes. The registrar may require additional information or clarification before approving the request.