Maintaining student records confidentiality/privacy has long been a legal and professional responsibility for institutions of higher education.

More recently, the alarming and well-publicized increases in identity theft and compromised student records systems bring focus and attention to the university’s obligation to protect student records, regardless of the storage medium. This attention comes from the public, legislators, oversight bodies, parents, and most importantly, from students themselves.

Almost everyone employed by PSU will have access to protected student information at one time or another. It is very important that all employees are trained to understand their obligation and to know what procedures to follow to ensure that student records are protected.

Rules and Regulations

In creating and maintaining student records, PSU is governed by the federal Family Educational Rights & Privacy Act (FERPA), Oregon statute (ORS 351.065), and Oregon Administrative Rules (OAR 577-030-0010 through OAR 577-030-0080).

These regulations generally prevent the release of student records information, except within very limited and specified circumstances. They allow protected student records to be accessed by school officials determined by the institution to have a legitimate educational interest. Legitimate educational interest is defined as having a professional need to review records in order to fulfill official responsibilities, including primary educational and scholarly functions, as well as secondary administrative functions such as disbursing funds, keeping records, providing accommodations and services, and sponsoring activities.

The regulations define school officials as faculty, administrators, staff, student employees, or committees who perform a function or task on behalf of and/or at the request of the University, its faculty, administration, colleges, schools, or departments. The regulations also allow certain types of student information, called directory information, to be released to third parties without the consent of the student, unless the student has explicitly exercised his/her right to non-disclosure or confidentiality. Directory information at PSU is defined as student name, address, telephone number, e-mail address, dates of attendance, degrees and awards, number of credits earned, and the fact of enrollment, including whether the student is enrolled full-time or part-time.

By submitting a request in writing, students may engage their right to records privacy to prevent even the release of directory information. Once a student requests non-disclosure of directory information, the University is prevented from releasing any information about the student to anyone other than school officials.

What Managers and Supervisors Need to Do

Portland State University has a responsibility to protect confidential records and maintain an individual student’s privacy according to the laws and rules listed above. All employees must be adequately trained and supervised to understand and comply with these regulations. Therefore it is expected that units will: 1) familiarize staff -- including student employees -- with FERPA guidelines and policies; 2) explain the importance of preserving the confidentiality of education records they encounter in their tasks; and 3) in the case of student workers, require them to sign an agreement prior to their employment to emphasize the importance of educational record confidentiality.

Resources For Training and Information

Relevant information about FERPA and the protection and release of information is available to students, faculty, and staff on the Registration and Records website at www.pdx.edu/registration/privacy.html.

A quick and simple reference guide with FAQs is available at www.pdx.edu/registration/guidelines_rec_rel.html. The guide is intended for faculty and staff who may receive requests from third parties seeking information on students. It will assist staff in making determinations about whether it is appropriate to release directory information.

A “Student Employee Statement of Confidentiality” agreement can be found at www.pdx.edu/registration/forms.html.

A more thorough tutorial on FERPA and the topic of student records privacy is being developed and will be made available for current and newly hired staff as soon as possible.

If you have any questions concerning student records privacy or need assistance in training staff, please contact Cindy Baccar in the Office of Admissions, Registration, and Records at 503-725-5533 or at baccarc@pdx.edu.