Test Your FERPA Knowledge Quiz! Trivia

1.

Under FERPA, when a student becomes an eligible student, rights accorded to parents transfer to the student. What is an "eligible" student?

A.

A student who is no longer a dependent for tax purposes
B.

A student in good academic standing
C.

A student who has not been disqualified from access to education records as a result of a criminal conviction
D.

A student who has turned 18 or attends a school beyond the high school level
E.

A student who is not listed as being in a relationship on Facebook

Correct Answer
D. A student who has turned 18 or attends a school beyond the high school level

Explanation
"Eligible student" means a student who has reached 18 years of age or is attending an institution of postsecondary education.

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2.

Which of the following is NOT considered an education record?

A.

Transcript
B.

Physicians’ records used for treatment purposes
C.

Professors’ and administrators’ personal records about students made for their own use and not shared with others
D.

B and C
E.

None of the above

Correct Answer
D. B and C

Explanation
"Education records" are those records that are: (1) directly related to a student; and (2) maintained by an educational agency or institution or by a party acting for the agency or institution.

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3.

A student may access all of his/her education records except:

A.

Financial records of the student's parent(s)
B.

Those to which he/she has waived access
C.

Letters of recommendation received prior to January 1, 1975
D.

All of the above
E.

There are no exceptions. A student can access all of his/her education records.

Correct Answer
D. All of the above

Explanation
(34 CFR 99.12; Authority: 20 U.S.C. 1232g(a)(J) (A), (B), (C), and (D))

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4.

When do a student's FERPA rights expire?

A.

When the student graduates from the institution
B.

When the student is no longer enrolled
C.

When the student dies
D.

25 years after the date of separation from the institution
E.

There is no expiration date

Correct Answer
C. When the student dies

Explanation
While not explicitly stated in the regulations, the Family Policy Compliance Office, which enforces FERPA, has advised that a student's FERPA rights expire after that person has died: "...it has long been the Department's position that the FERPA rights of eligible students lapse or expire upon the death of the student."

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5.

When a university faculty or staff member releases a student's education record without that student's consent or outside of one of the exceptions for release without consent, the student has the right for monetary damages from that faculty/staff person:

A.

Always
B.

Sometimes
C.

Never

Correct Answer
C. Never

Explanation
In Gonzaga University v. Doe (536 U.S. 273 (2002)), the U.S. Supreme Court ruled that FERPA creates no rights enforceable under §1983.

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6.

Which of the following may NOT be considered directory information under FERPA?

A.

Student's date of birth
B.

A student's photograph
C.

A student's class schedule
D.

A student's telephone number
E.

A student's enrollment status

Correct Answer
C. A student's class schedule

Explanation
A student's class schedule would likely be considered an invasion of privacy and would not be considered directory information, although the regulations do not specifically exclude this. The other choices may be designated such by an institution.

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7.

A student requests as part of his "education record" access to every email that you have sent about him. You cull through your inbox and print out the emails you have on your computer. However, your institution routinely backs up your email and keeps it digitally for 6 months. What is your institution's obligation to respond to this request, assuming that the email is not physically maintained in a student's file and you do not routinely have access to the backup?

A.

If the institution is able to pull up a deleted file or if the institution can access an old file that has been saved to a folder that is currently maintained and accessible, the same access should be given to the student
B.

Email is not considered an "education record" and you can ignore the student's request
C.

The institution does not have to extract deleted email from its database or on backup tapes slated for deletion, unless the institution has itself pulled up those types of deleted email and has regular access to them
D.

The institution must exhaust all efforts to recover the email
E.

A & C

Correct Answer
E. A & C

Explanation
The Family Policy Compliance Office has not issued a formal opinion on this specific question, nor have it issued a finding in a situation such as that described. What the FPCO tells schools, however, is that if a school is able to pull up a deleted file or if a school can access an old file that has been saved to a folder that is currently maintained and accessible, the same access should be given to the student. The FPCO has not informed schools to extract deleted email from its database or on back up tapes slated for deletion, unless a school has itself pulled up those types of deleted email and has regular access to them. (Personal correspondence with quiz author, April 25, 2008.)

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8.

Can students on a judicial panel be considered "school officials" by an institution, and thus be entitled to disclosure of education records without a student's permission?

A.

Yes, always
B.

Sometimes
C.

Never

Correct Answer
B. Sometimes

Explanation
Students may be designated "school officials" by an institution, but an institution must include in its annual notification the criteria for determining a school official and what constitutes a legitimate educational interest (34 CFR 99.7; 99.31(a)).

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9.

An institution can share a student's education records with other internal university officials without that student's consent.

A.

Always
B.

Sometimes
C.

Never

Correct Answer
B. Sometimes

Explanation
Education records can be shared with internal university officials if the officials have been defined as "school officials" by the institution in its annual disclosure statement AND if the disclosure is for a legitimate educational interest. (34 CFR 99.31(a)(1)).

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10.

A local car dealership has requested from your institution a mailing list of all current students and their local address for its marketing efforts. The car dealership claims that since this is directory information, the dealership has the right to that information. Must institutions make available directory information to the general public?

A.

Yes
B.

No

Correct Answer
B. No

Explanation
An institution is not required to make directory information available to the public.

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