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FERPA

To maintain compliance with The Family Educational Rights and Privacy Act (“FERPA”), all Phi Kappa Phi chapters are expected to follow the guidelines on directory information as determined at their host institution when inviting students to membership. The following information is provided to help ensure chapters meet applicable FERPA requirements.

The Family Educational Rights and Privacy Act (“FERPA”) is a federal law which was enacted in 1974 to protect the privacy of student education records. The purpose of FERPA is twofold: (1) granting parents and students (over the age of 18) access to certain protected information in the student’s education record, and (2) to protect that information from unauthorized disclosure to third parties without parent and/or student consent. Generally, all educational institutions that receive federal funding through the Department of Education are required to comply with FERPA.

As a general rule, a parent or eligible student (over the age of 18) must provide their signed and dated written consent before a school discloses personally identifiable information from the student’s education records. However, “directory information” may be shared with third parties. 

FERPA carves out an exception for “directory information,” which may be released to third parties.  Directory information is not considered harmful or an invasion of privacy, if designated as directory information and eventually disclosed by an educational institution. The FERPA regulations define which categories of information that a school may designate as directory information. Generally, any of the following may be designated as directory information: 

  • a student’s name, address, email, or telephone number. 

  • birth date and location. 

  • major field of study or grade level. 

  • attendance dates and enrollment status. 

  • participation in officially recognized activities and sports. 

  • weight and height (only for athletic team members). 

  • degrees, honors, and awards received; and 

  • most recent educational institution attended. 

How does my institution define “directory information”? 

Each institution decides for itself what it considers “directory information”. Educational institutions must provide public notice of its FERPA policy and its definition of “directory information”.  This is typically found on the institution’s website or by contacting its registrar’s office.  

In 2008, Phi Kappa Phi requested a formal opinion from the U.S. Department of Education (DOE) verifying this information and its position on obtaining student information from chapters. The DOE confirmed its position again in 2023. A copy of the letter can be found here.

In 2024, the American Association of Collegiate Registrars and Admissions Officers (AACRAO) conducted a comprehensive review of the Society’s invitation process in accordance with FERPA. Per AACRAO, “the review included all facets of the process, with particular emphasis on those areas with FERPA relevance involving the collection, use, and protection of education records. The results of this review allow me to conclude that the FERPA issues are being successfully addressed by the Society."

More information regarding FERPA can be found at the U.S. Department of Education’s website at https://studentprivacy.ed.gov.