Applying FERPA to Advising

What is FERPA?

The “Family Educational Rights to Privacy Act” (FERPA) is a federal law that governs the privacy of student education records, access to those records, and disclosure of information from them. Refer to this page for an overview and a list of terms you will run into while navigating the principles of FERPA.

Who does FERPA apply to?

FERPA rights at UW-Madison apply to anyone who is currently or was ever enrolled for classes at and attended UW–Madison, regardless of age. FERPA coverage begins on the first day of the first term for which a student has enrolled for classes.

As an advisor, why do I need to know about FERPA?

Respecting the privacy of students’ education records and supporting the principles of FERPA are requirements for all employees of UW–Madison. As an advisor, you have access to students’ educational records and it is important that you are always aware of the principles of FERPA. To access student information, you must have a legitimate educational interest. Curiosity is never a reason to look at students’ educational records.

In your role as an advisor, parents, families, and instructors commonly see you as a resource for information on their students. This resource is here to help you familiarize yourself with FERPA so you can feel comfortable and confident about applying the principles in your work.

Please take the following steps to familiarize yourself with FERPA

and how it could and should inform your work as an advisor.

STEP 1: Complete the FERPA Training from the UW-Madison Office of the Registrar

The FERPA Training from the Office of the Registrar is necessary for all university employees with access to restricted student data, which includes advisors.

The training is a foundational step to learn about FERPA, the laws and policies governing acceptable use and release of student records, how to apply them, and strategies for protecting student data. This FERPA for Academic Advising resource is not meant to be a substitute for the FERPA Training from the Office of the Registrar. This page will build on the knowledge you gain from taking the foundational training.

At UW-Madison, the Office of the Registrar will be your main resource for information regarding the application of FERPA principles. If you ever have questions, please contact the Office of the Registrar.

STEP 2: Check out the following pro tips collected from your fellow advisors and colleagues within the Registrar’s Office

When in doubt, always consult the Office of the Registrar for guidance. This page was created in partnership with the Office of the Registrar. They are the best campus resource for FERPA-related questions or concerns and they want to assist you when needed!
Never access a student’s record without a legitimate educational interest. It’s important to remember that curiosity does not constitute a legitimate reason to access student records.
Permission to release educational records or information must be obtained each time there is a release of information. UW–Madison does not have a blanket policy that allows anyone to directly request education records in an ongoing manner.
Prior to releasing any directory information, always check the student’s FERPA status in the Advising Gateway. This is crucial as the student may have a FERPA restriction (or flag) in place, which means they have requested that part or all of their directory information not be disclosed to the public.
Having a student’s permission to share FERPA-protected information does not mean that you are required to share that information with anyone. That permission means that you may share it. If you are ever unsure or uncomfortable about releasing or sharing any information, always consult with the Office of the Registrar.
FERPA applies only to information from protected education records. Information that advisors learn from students through conversation or observation is not protected by FERPA and can be shared with third parties, as long as it does not include any information gathered from a protected education record (for example: information contained in SIS, Advising Gateway, or office-wide student record files).

STEP 3: Read the following scenarios that illustrate ways in which FERPA comes up in advising work

Scenarios Involving Parents and Families

Parents and families care about their students and are often concerned, excited, or curious about their experience at UW-Madison. Advisors are commonly seen as a resource for information about their student’s academic status or progress. As an advisor, it’s important to keep the principles of FERPA in mind, and at hand, when addressing questions or concerns from parents and families.

In this scenario, you have a few options for how to approach the situation and move forward with the appointment:

If permission was not granted in advance by the student, you can verbally ask if they give permission for their parent to be in attendance (either with or without the parent present) and if the student consents to having their protected academic information shared. If the student does not give permission, the parent cannot be part of the conversation or have access to FERPA-protected information.
It can be helpful to ask the student if there is anything they specifically do not want shared with their parent (ie. grades, probation status, class schedule). Your goal is to clarify the boundaries for the student and parent as well as you can.
If it is a virtual appointment, an effective technique is to invite the student into the online meeting space first, request permission, and ask the questions above prior to admitting the parent or guest to the virtual meeting.
It is best practice to physically record whether the student has or has not given permission, either verbally or in writing, for FERPA-protected information to be shared. For example, in Notes in Advising Gateway, you could include the following: Student granted verbal permission for their parent to be included in the advising appointment and receive all educational record information.

To make this process easier, students can give permission ahead of their appointment time by sending an email to you via their wisc.edu account stating they are giving their parent, family, or guest permission to attend the advising appointment and receive FERPA-protected information.

First, it’s important to remember that it’s okay to converse with parents. If they have reached out to you, it most likely means they are invested in their student’s journey and want to know there is someone at the university who can help!

In this scenario, you might begin by clarifying what the parent already knows and what information they are seeking. Remember, you can always share information that is available to the public (like curriculum requirements) or share what would generally happen to a “typical student” in a specific scenario. Also, as long as the student does not have a FERPA restriction, you can share directory information with the parent.

When it comes to FERPA-protected information, like the student’s current course schedule or a grade received in a specific class, let the parent know that info is protected by FERPA and encourage them to connect directly with their student. If a student would like to share protected information with someone, but is unable to do so directly for any reason, the student can fill out this single-use permission form for each recipient and request. It is always helpful to have FERPA information easily accessible to share with parents so they have first-hand knowledge about FERPA and its purpose.

If you ever have questions or concerns, contact the Office of the Registrar before proceeding.

In this scenario, where a parent is clearly concerned about their student’s academic standing and success, you might respond by asking to hear more about the parent’s worries and clarify what they are hoping to learn from you. Remember, it’s okay to talk to parents as long as you are keeping FERPA principles in mind. When and if it’s helpful to share general curriculum, policy, or educational resource information with parents, please do!

If the student does not have a FERPA restriction in place (always make sure to check this!), you can share any directory information with the parent. Because enrollment status is directory information, in this scenario, you can share that the student is not currently enrolled at UW-Madison. You cannot share that the student withdrew for the semester.

In this scenario, the best course of action is to refer the parent to the Office of Student Assistance and Support, which is best equipped to ensure that the parent’s concerns are addressed in the most appropriate manner.

While FERPA does include a provision allowing disclosure of protected student record information (such as course schedule) in a health or safety emergency, advisors should not try to interpret whether or not a specific circumstance qualifies. The Office of Student Assistance and Support manages these situations and their expertise in supporting the parents should be utilized.

Scenarios Involving Instructors and Campus Colleagues

FERPA principles allow an advisor to share information from a student’s education record, including private non-directory information, without the student’s written consent with other UW–Madison instructors or campus colleagues only when the requesting party has a legitimate educational interest (“need to know”) for that information. Legitimate educational interest means the school official needs to review information in an education record in order to fulfill their professional responsibilities. Curiosity never qualifies as a legitimate educational interest.

As long as you are not sharing FERPA-protected information, it is perfectly acceptable for an advisor and instructor to collaborate on how to assist a student who is struggling. Advisors can share thoughts and observations about a student with an instructor in pursuit of aiding that student.

It’s important to remember that FERPA only applies to information from protected education records. Information that you learn from students through conversation or interaction is not protected by FERPA. As such, FERPA does not create an advisor-advisee privilege around advising conversations. The substance of advising appointment conversations and observations can be shared with third parties, like faculty, so long as those disclosures DO NOT include information garnered from a protected record.

This scenario does not meet the requirements of a legitimate educational interest on the part of the instructor, so FERPA-protected information, like GPA or course schedule, still needs to remain confidential.

Advisors can often assist by reaching out to the student themselves about the instructor’s, and their own, concerns. Advisor’s can also report a student of concern to the Office of Student Assistance and Support as needed.

Under FERPA, only biographic and demographic information that is considered directory information can be shared. If confidential information (e.g. legal sex, race, ethnicity) is requested, please immediately direct this type of inquiry to the Office of the Registrar.

You can also direct the requesting person to the Office of the Registrar’s Data Reports and Data Requests Resources for more information on how to request specific types of data.

Emerging best practice in higher education for publicizing scholarships, events, or other opportunities designed for a specific population is to promote the opportunity to ALL students and let students self-select into expressing their interest based on the details you share about the scholarship or event.

STEP 4: Revisit, review, and ask questions!

Please revisit and review the FERPA Training from the Office of the Registrar and this resource as needed when FERPA comes up in your work.

If you still have questions about FERPA or ever have any questions or concerns in the future about applying FERPA principles to your work, please do not hesitate to contact the Office of the Registrar. They are happy to consult with you on issues or concerns relating to student educational records and FERPA principles.

What is FERPA?

Who does FERPA apply to?

As an advisor, why do I need to know about FERPA?

Please take the following steps to familiarize yourself with FERPA

and how it could and should inform your work as an advisor.

STEP 1: Complete the FERPA Training from the UW-Madison Office of the Registrar

STEP 2: Check out the following pro tips collected from your fellow advisors and colleagues within the Registrar’s Office

STEP 3: Read the following scenarios that illustrate ways in which FERPA comes up in advising work

Scenarios Involving Parents and Families

Scenario One: A parent arrives with their student to an advising appointment. The student has not granted permission in advance for their parent to attend or for their educational record to be shared with that parent. What should you do?

Scenario Two: You receive a call from a parent expressing concern over how their student is progressing on their major requirements and wondering which grade they received in a specific class. How should you respond?

Scenario Three: A parent sends you an email stating that they are concerned about their student’s academic status and grades and would like any information you can give. You know the student is not currently enrolled at UW-Madison and has withdrawn for the semester. What can you share?

Scenario Four: A parent calls and tells you they haven’t been able to reach their student and are worried about their health and welfare. They ask for any information you can give about the student’s schedule or contact information for instructors. How should you proceed?

Scenarios Involving Instructors and Campus Colleagues

Scenario One: An instructor contacts you asking to know what grade a student received in a prerequisite course. How should you respond?

Scenario Two: An instructor emails you asking for the graduating GPAs for a particular list of students. How should you proceed?

Scenario Three: An instructor reaches out to you about a student who has not been attending class and is at risk of failing. They are looking for someone to assist in their outreach to the student. How should you proceed?

Scenario Four: A director in your department asks for a list of students with certain biographic and demographic information to send details about a scholarship. How should you respond?

STEP 4: Revisit, review, and ask questions!