FERPA FAQ

Dispose of all material containing confidential information (such as tests, papers, class rosters) by shredding or by placing them in a receptacle intended for the collection of material to be disposed of in a secure manner.

Writing a letter of recommendation may require express, written permission from the student to allow you to:

1. Access the student's educational records and
2. Disclose confidential information about the student to a third party.

A faculty member may access a student's educational records without the student's express written permission only if specific job duties, such as the duties of an academic advisor, require access to those records. However, a faculty member, or any other appropriate University official, may not disclose confidential information from a student's educational records to a third party without express, written permission from the student. Personal observations about a student may be disclosed without the student's consent.

Without the express, written permission of the student, parents or spouses, like all other third parties, may have access only to the student's directory information. If a student has restricted his or her directory information, then directory information is also considered confidential. You can, however, direct the parent or spouse to Academic Services by phone at 805-493-3105 or by email at academicservices@CalLutheran.edu.

Yes, FERPA does not make a distinction between "credit" and "non-credit" courses. If the records contain personally identifiable information about students and are maintained in any way by California Lutheran University, they are education records under FERPA.

The U.S. Department of Education has a webpage dedicated to the implementation of FERPA while engaging in virtual learning. To access their resources, please access the webpage below.

FERPA AND VIRTUAL LEARNING

• If a recording includes only the instructor, it is not a student record and FERPA does not limit its use.
• If the recording includes students asking questions, making presentations or leading a class (other than TAs), and it is possible to identify the student, then the portions containing recordings of the student do constitute protected educational records. Educational records can only be used as permitted by FERPA or in a manner allowed by a written consent from the student.

Possibly. There are several ways to use recordings that include student participation.

1. The instructor or Cal Lutheran may obtain individualized FERPA consents from the students in the recording which allow use of this portion of the recordings. This type of consent can be obtained on a case-by-case basis or from all the students at the outset of a class.
2. Recordings can be edited to either omit any student who has not consented to the use of their voice or image, or be edited to de-identify the student in the recording (which can include avoiding or removing any mention of the student’s name, blurring the student’s image, altering voice recordings, etc.)
3. Recordings can also be planned so that students (such as those asking questions during a class) are not shown in the video or referred to by name (another way to de-identify the student).

Yes. If access is limited to other students in the class, FERPA does not limit or prevent its use and does not require obtaining a written consent. This allows instructors to create access for students in the class to watch or re-watch past class sessions.

Students cannot be compelled or required to give consent to release information. If possible, you may de-identify the student from the data/record/recording, but if the student cannot be de-identified, you may not release the data/record/recording.

Plan the recordings so that they do not show students who are asking questions, don’t refer to the students by name, and avoid repeating the student’s question in the recording (de-identifying the students removes the need for a specific consent from each student depicted). If a student happens to appear on camera, their identity can be edited out or a written consent can be obtained.

Because student presentations make it more difficult to de-identify the student, the instructor and Cal Lutheran should obtain a FERPA consent from the student making a presentation. For any video projects, such as student-made films, you should obtain a written consent.

You should call Academic Services at 805-493-3105 or by email at academicservices@CalLutheran.edu

Faculty and instructors should not use class recordings for other non-Cal Lutheran, non-educational purposes without first consulting with the Registrar's Office.

Students have certain rights under FERPA when it comes to Zoom class recordings. To learn what steps you should take to adhere to FERPA regulations in your class sessions, download the Zoom and FERPA policy for Cal Lutheran below.

ZOOM AND FERPA RULES