What records are exempted from FERPA?

Records which are kept in the sole possession of the maker of the records, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the records.

Records of the law enforcement unit of an educational agency or institution. Law enforcement unit records are records that are: (1) created by a law enforcement unit; (2) created for a law enforcement purpose; and (3) maintained by the law enforcement unit.

Records relating to an individual who is employed by an educational agency or institution that are made and maintained in the normal course of business, relate exclusively to the individual in that individual’s capacity as an employee and are not available for use for any other purpose. However, records relating to an individual in attendance at the agency or institution who is employed because of his or her status as a student are education records.

Records on a student who is 18 years of age or older, or attending a postsecondary institution, that are: (1) made or maintained by a physician or other recognized professional acting in that capacity; (2) made, maintained, or used only in connection with treatment of the student; and (3) disclosed only to individuals providing the treatment.

Records that are created or received by an educational agency or institution after an individual is no longer a student in attendance and that are not directly related to the individual’s attendance as a student.

Records that are grades on peer-graded papers, before they are collected and recorded by a teacher.