Ask the FERPA Professors

We have a student who was interviewed for a resident assistant position who insists that the evaluation forms completed by the hiring committee are part of their education record and, therefore, they have a right to review the documents upon request.

I say that the hiring process is completely separate from the academic experience, and these records are not part of the educational record. Am I right?

The answer to your FERPA question depends on whether or not the student had to be a student in order to be hired for the position. If so, then the evaluation forms would be education records on the student. This is based on the FERPA definition of education records.

See § 99.3"Education Records" of the FERPA regulations, in particular (b)(3)(i) of that definition. If this position for which the student interviewed could be filled by any individual, regardless of student status, then these would be employment records, not education records.