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FERPA Guidelines Clarified for Utah Educational Records and Custodianship

September 11, 2025 | Department of Government Records DGO, Division of Archives and Record Services, Utah Department of Government Operations, Offices, Departments, and Divisions, Organizations, Utah Executive Branch, Utah


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FERPA Guidelines Clarified for Utah Educational Records and Custodianship
In a pivotal discussion during the Government Records Office Appeal hearings on September 11, 2025, the complexities surrounding the maintenance and classification of educational records took center stage. The dialogue highlighted the nuances of the Family Educational Rights and Privacy Act (FERPA) and its implications for government records in Utah.

A key point raised involved the definition of records maintained by educational institutions. A speaker clarified that while certain records, like transcripts, are classified as FERPA educational records because they are held by a designated custodian, other documents, such as emails, do not meet this standard. "These emails don't meet that same definition under FERPA," the speaker noted, emphasizing that they still qualify as Utah government records despite not being maintained in the same manner.

The conversation also delved into the handling of personally identifiable information. Under FERPA, educational institutions can disclose specific information without consent unless a parent or eligible student opts out. The speaker pointed out that directory information, which can include names and email addresses, is permissible for disclosure. "I am asking for the name," they stated, underscoring the importance of transparency in accessing government records.

This discussion not only sheds light on the legal frameworks governing educational records but also raises questions about the accessibility of information held by educational institutions. As the hearings continue, the implications of these definitions and regulations will likely influence future policies regarding government records in Utah.

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