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Student Records

Student records are protected under the federal Family Educational Rights and Privacy Act (FERPA), as amended in 2001 by the No Child Left Behind Act (NCLB); records are also protected under individual state laws including Virginia State Code 22.1-287.  Both state and federal laws protect the privacy of students and the laws outline the rules and regulations for obtaining access to these records.  The laws apply to any educational agency or institution that receive funds under a program administered by the US Department of Education.  A student or educational record contains information directly related to a student and is maintained by the educational agency or institution (or by a party acting for the educational agency or institution).

An educational record does not include:
•           Records created for the sole use of the maker
•           Records of an internal law enforcement unit
•           Employment records
•           Medical or counseling records of students 18 and older or attending a postsecondary institution
•           Records only containing information about a student collected after the students are no longer at the institution

Personal information as defined by FERPA includes (but is not limited to):
•           Name
•           Names of family
•           Address of student or family
•           Personal identifiers (SS numbers, student IDs)
•           Personal characteristics that would enable identification
•           Other information that would enable identification

In addition, there are specific rules regarding obtaining information from a student record. Please see the next section for more information.

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