Ask the FERPA Professor

LeRoy Rooker |
March 5, 2019
  • FERPA
  • FERPA Professor
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Dear FERPA Professor,

I have two questions related to dual credit courses for high school students, if you can indulge me.

First, we have a high school scholar program, where high school students who are graduating can apply to have their tuition waived for up to two years. Are we violating FERPA if we provide a list of the high school students who applied to their respective high schools? We have a school asking for this info.

Second, related to my first question, if the high school asks for the grades of students enrolled in our dual credit college courses, is it a FERPA violation to share this information with the high school? We do not have students complete a release of information form, nor do we have a MOU for the high school at this time. 

Thanks in advance for your input. 

Elle M. Enno

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Dear Elle,

In short, you should be able to share information in both situations.

Per your first question, the applicants from the high school would not meet the FERPA definition of a “student” at your institution because you have not admitted them. As such, any applicant materials you are maintaining on them would not be “education records” as defined by FERPA. See the definitions in §99.3 of the FERPA regulations. You can find these on pages 154 and 155 of the 2012 AACRAO FERPA Guide.

As for your second question, sharing of education records on a student who is enrolled in or receives services at the high school as well is permitted under FERPA. See §99.34(b) of the FERPA regulations, or page 165 of the 2012 AACRAO FERPA Guide.

I hope this is helpful in answering your questions,

The FERPA Professor