Student Records and FERPA

FERPA

The Family Educational Rights and Privacy Act (FERPA) protects the privacy of student records.  The regulations allow disclosure of student records without prior consent to "school officials" who have a "legitimate educational interest" in accessing or reviewing a student’s educational records, as defined by the institution.  The College of Charleston Registrar’s Office provides the following definitions:

Legitimate Educational Interest - "A school official has a legitimate educational interest when the official needs to review an education record in order to fulfill his or her responsibility on behalf of the College of Charleston, such as when the official is:

  • Performing a task that is specific in his or her job description or by a contract agreement or other official appointment;
  • Performing a task related to the student’s education;
  • Performing a task related to the discipline of the student; or
  • Performing a service or benefit relating to the student or student’s family, such as health, care, counseling, job placement, or financial aid."

School Official - A person employed by the College of Charleston in an administrative, supervisory, academic, research, or support staff position, including College Security and student workers; individuals or entities with whom the College of Charleston contracts.

Where the IRB Fits In

There are two elements which impact the use of student records for research purposes: access to student records under FERPA, and the provisions of the federal regulations for the protection of human subjects research  (45 CFR 46).  In order to fully protect participants, the IRB must be assured that all regulations concerning privacy and confidentiality have been met.

1. Access ("Legitimate Educational Interest")

  • Faculty members using student records for research have a "legitimate educational interest" by virtue of their contractual responsibilities.
  • Staff members, including student researchers (who may also be employed by the College through undergraduate research grants like SURF or MAYS), may have access to student records for research purposes only if it is a defined duty in their job descriptions.   Student Researchers will be required to complete the FERPA quiz on the Registrar’s Office website and sign a confidentiality agreement.
  • Student researchers who are not employed by the College or are employed but whose job descriptions do not include research with student records, may not access student records without receiving prior individual student consent as well as appropriate institutional permissions under any circumstances.

2. Informed Consent

  • Exemption:  A "school official" may access student records and provide completely de-identified data for analysis by a researcher who is or is not a "school official."  At the College of Charleston this must be submitted for IRB exemption determination.
  • Informed consent is always preferable in human participant research and is required where practicable.
  • When utilizing pre-existing data, it may not be practicable to contact individuals.  Therefore, the IRB may grant a waiver of informed consent.

October 16, 2009