Becki Quick (bquick@uoregon.edu), Instructor, American English Institute, University of Oregon, did a fantastic (and brief!) write-up on FERPA regulations regarding students with diagnosed and undiagnosed LDs.

If you have questions/comments, please share them here or on our Facebook page (https://www.facebook.com/learningdifferencesinesl/).

Woo hoo, Becki!

– Maiko

I talked to Sue Eveland, the Assistant Vice President for Enrollment Management and University Registrar, from the University of Oregon Enrollment Management Office about FERPA guidelines. Our Learning Differences in ESL study group was wondering if instructors could pass on concerns or observations of students with suspected learning disabilities to his/her new instructor. The underlying motivation for this conversation would be to share teaching strategies that may be more effective for a particular student. We know it would be easy to violate FERPA guidelines in this situation.

Sue pointed to the AACRAO 2012 FERPA guide by Leroy Rooker and Tina Falkner that cites “legitimate educational interest” as one reason for legitimately sharing certain information about a student. Rooker and Falkner (2012) state, “Legitimate educational interest means that the official has a need to access student education records for the purpose of performing an appropriate educational, research or administrative function for the institution” (p. 32). Therefore, information exchange that aids a student in learning and achieving academic success may fall under this FERPA allowance. Although the language in FERPA is quite general, it gives space for an institution to evaluate what constitutes an appropriate educational function carried out by instructors and advisors.

Under FERPA, each institution determines if ESL students are covered by FERPA and when they become covered, which staff are considered to be school officials, and what constitutes legitimate educational interest. At the University of Oregon, students in the American English Institute are considered to be covered by FERPA as of the first day of the term in which they first enroll. AEI instructors at UO are considered to be school officials. Instructors at other institutions should consult with the data custodian or another FERPA-informed individual at their institution (e.g., General Counsel) to better understand if ESL students at their institution are included as FERPA-protected students, if instructors are considered school officials, and how legitimate educational interest is defined at their institution.

Reference:

Rooker, L., & Falkner, T. M. (2012). The AACRAO 2012 FERPA guide.