The Family Educational Rights and Privacy Act of 1974, as amended, sets forth requirements regarding the privacy of student records. FERPA governs:

• The release of education records maintained by an educational institution
• Access to those records

This law applies to K–12 schools as well as post-secondary institutions.

Education records are records directly related to a student that are maintained by an educational institution or a party acting on its behalf. They can exist in any format, including typed documents, computer-generated files, videotape, audiotape, film, microfilm, microfiche, and email.

Education records do NOT include:

• Sole possession records — personal notes made by a staff member for their own use that are never shared with anyone else (such as a professor's private advising notes)
• Law enforcement records — records created and maintained by a campus law enforcement unit for law enforcement purposes
• Employment records — records related to a person's employment, unless that employment is contingent on being a student (e.g., work-study records are education records)
• Medical and psychological treatment records — records made and used only for treatment purposes by health or counseling center staff
• Alumni records — records created after a student has left the institution that do not relate to their time as a student

Any educational institution or educational agency that receives funds under any program administered by the U.S. Secretary of Education must comply with FERPA. This includes:

• Schools and other entities that provide educational services to students
• Agencies that directly administer or are linked to such schools

Fullerton College, as a public community college receiving federal funds, is required to comply with FERPA.

• Notify students annually. Schools must notify students of their FERPA rights each year. The notice must be reasonably likely to reach students. Common methods include:
  • Student bulletin, handbook, or catalog
  • School or local newspaper
  • Student registration materials
• Protect the right to inspect and review records. Students must be able to access their own education records upon request.
• Protect the right to request amendments. Students can ask that inaccurate or misleading information be corrected.
• Protect the right to limit disclosure. Students may restrict who can see their personally identifiable information.
• Prevent unauthorized redisclosure. Third parties generally may not share student education records further (with limited exceptions).
• Maintain disclosure records. The institution must keep logs of certain requests for and disclosures of student records.

• Any student "in attendance" — regardless of age — and former students.
• FERPA applies to all enrolled students, including: continuing education students, students auditing classes, distance education students, and high school students enrolled in college courses.
• If the institution has not formally defined when "attendance" begins, FERPA rights take effect on the first day a student attends a class.

• Right to inspect and review — You may request access to your education records. Under federal FERPA, the institution must provide access within 45 days. California law is stricter — Fullerton College must comply within 5 business days of receiving your request.
• Right to request an amendment — If you believe a record is inaccurate or misleading, you may ask the institution to correct it. If the institution declines, you have the right to a formal hearing. If the hearing does not resolve the issue in your favor, you have the right to place a written statement in the record explaining your position.
• Right to limit disclosure of directory information — You may restrict the release of personally identifiable information (information that could directly or easily identify you), known as "directory information."
• Right to consent before disclosure — With limited exceptions, Fullerton College must have your written consent before releasing your education records to a third party.
• Right to file a complaint — If you believe your FERPA rights have been violated, you may file a complaint with the U.S. Department of Education. See the File a Complaint section below.

At the K–12 level, FERPA gives parents the right to access their child's education records. When a student enrolls in a postsecondary institution — at any age — those rights transfer entirely to the student. This is true regardless of the student's age, whether they live at home, or whether they are claimed as a dependent on a parent's taxes.

At Fullerton College, we are not able to share a student's academic records, grades, enrollment status, or other personally identifiable information with parents or family members. This is not a choice we make on a case-by-case basis — it is a federal legal requirement that applies to all students equally.

Under NOCCCD BP 5040 (effective April 2009), the following information is classified as directory information:

• Student's name
• Major field of study
• Participation in officially recognized activities and sports
• Weight and height of members of athletic teams
• Dates of attendance
• Degrees and awards received
• The most recent previous public or private school attended
• Any other information authorized in writing by the student

Under FERPA, students have the right to inspect and review their own education records — including transcripts — but do not automatically have the right to receive a copy unless circumstances prevent them from inspecting the original records in person.

If you need a transcript from a college you previously attended, you must request it directly from that institution.

• Right to access: You may request to inspect your education records within 45 days of the request.
• No automatic copy requirement: FERPA does not require a school to automatically provide copies of records, including transcripts, unless the student cannot inspect them in person.
• Student's responsibility: You must initiate the request with your previous institution.
• Sharing between institutions: A school may send your education records — including transcripts — to another school where you seek or intend to enroll, without your consent. This typically occurs when the receiving institution requests them as part of the enrollment process.

It is the policy of Fullerton College not to release information about students to a third party without prior written consent from the student, except to persons and agencies authorized by law. Occasionally, the College may make an exception in response to legitimate inquiries by providing general directory information, which includes:

• Name
• Date and place of birth
• Dates of attendance
• Degrees and awards received
• Major field of study
• Participation in officially recognized activities or sports
• Weight and height if a member of an athletic team
• Previous educational institution attended
• Solomon Amendment* — This amendment permits branches of the United States Armed Forces to request telephone numbers and addresses of all students age 18 to 35 for recruitment purposes.

If you would like to authorize the release of your information to a specific third party, you can submit a written request using the Disclosure of Personal Information form.

Complete the Disclosure of Personal Information form →

If you believe Fullerton College has failed to comply with FERPA, you are encouraged to first contact the Admissions & Records Office to try to resolve the concern directly.

If the issue is not resolved, you have the right to file a written complaint with the U.S. Department of Education's Student Privacy Policy Office (SPPO).

• Deadline: Complaints must be filed within 180 days of the date you knew or reasonably should have known about the alleged violation.
• How to file: Complete the FERPA Complaint Form and submit it by email to FERPA.Complaints@ed.gov or by mail to:
  
  U.S. Department of Education
  Student Privacy Policy Office
  400 Maryland Ave SW
  Washington, DC 20202-8520
• Complaint form: studentprivacy.ed.gov/file-a-complaint