Can Financial Aid Administrators Take Student Files Home If We Are Working Remotely?

Yes. According to guidance provided by the U.S. Department of Education (ED) Student Privacy Policy Office, during its March 30, 2020 FERPA and Virtual Learning During COVID-19 webinar:

• FERPA does not prohibit teachers from taking personally identifiable information (PII) from students’ education records home with them as long as the teacher has a legitimate educational interest in the education records, as determined by their educational agency or institution.
• School officials, including teachers, who take education records home are prohibited from further disclosing the PII from the education records, except as otherwise permitted under FERPA; and, should use reasonable methods to protect the education records, and the PII in those records, from further disclosure.
• These protections can include access controls that are physical, technological, and administrative controls.

It is NASFAA's understanding that this also applies to financial aid administrators who are working remotely.

Under 34 CFR 99.31(a)(1), an educational agency or institution may disclose PII from an education record of a student without the consent required by section 99.30 if the disclosure is to other school officials, including teachers, within the agency or institution whom the agency or institution has determined to have legitimate educational interests. The school alone defines "legitimate educational interest" (not NASFAA nor ED).

Per ED's webinar, here are the questions schools should consider when deciding legitimate educational interest for taking home student files for work.

• What education records, or PII from education records, will school officials be "taking home“?
• How will those education records or PII be brought home?
• How will the school official secure the PII in those education records while the records are at home?

Reference the webinar recording and view the webinar slide deck. Questions can go to [email protected] or 1-855-249-3072.