ONLINE COURSES

The Fundamentals of FERPA

Course Details

About this Event

Perhaps no statute is more fundamental to higher education than the Family Educational Rights and Privacy Act (FERPA).  It touches almost everything that institutions do and almost every administrator they employ. And perhaps no higher education statute is more misunderstood.  While its provisions are relatively straightforward, confusion arises when administrators rely on misconceptions about what FERPA should say rather than on its actual language.

Join instructors Melissa Holloway and Steven McDonald in this eight-module online course that will give you a comprehensive, practical understanding of FERPA, so that you can apply it accurately and appropriately on your campus:  When may you share records about a student, what records may be shared, and with whom may you share them?  When and how may a student access his or her own records – and require you to correct them?  What (really) happens if you get it wrong, and how can you fix it when you do?

This informative and convenient course is a blend of self-study and instructor-facilitated learning. Participants can access materials 24 hours a day, seven days a week.

The course features access to:

  • Eight modules (narrated PowerPoint presentations, self-assessments, and extensive resources). 
  • Two interactive, live online forums with the course instructors (recordings are made available to those who were not able to attend live). 

INSTRUCTORS

Melissa Holloway

Vice Chancellor and General Counsel

Melissa Jackson Holloway serves as Vice Chancellor and General Counsel for North Carolina Agricultural and Technical State University, the nation’s largest Historically Black College and University (HBCU) in Greensboro, N.C. At North Carolina A&T, Melissa provides legal counsel as the university’s senior attorney and maintains responsibility for the supervision and administration of the Division of Legal Affairs, Risk, and Compliance which consists of the Legal Affairs, Enterprise Risk Management and Compliance, Title IX, and Internal Auditing. Before joining N.C. A&T in 2019, she spent three years as Deputy General Counsel at Ball State University, six years as General Counsel at North Carolina Central University, and eight years as Chief Legal Affairs Officer at the University of Wisconsin-Green Bay. Prior to entering the practice of higher education law, Melissa spent four years as an associate with Foley & Lardner in Milwaukee, Wisconsin. Melissa is a 2022 alum of the American Association of State Colleges and Universities’ Millennium Leadership Initiative 2022 cohort, serves on several local non-profit boards, and is a life member of Zeta Phi Beta Sorority, Inc. Melissa has been a NACUA member since 2001. During her 23 years as a NACUA volunteer, she has served as Chair and Chair-Elect of the NACUA Board of Directors and as a member of numerous NACUA committees with leadership roles as Vice Chair of Committee on Legal Education and Vice Chair and Chair of Committee on Membership and Member Services. Melissa is also a frequent moderator and presenter at NACUA workshops, conferences, and Lawyers New to Higher Education workshop. Additionally, she currently serves as an instructor for the Fundamentals of FERPA online course. Melissa served as an at-large member of the NACUA Board of Directors from 2016-2019 and is a 2020 recipient of NACUA’s Distinguished Service Award. Melissa holds a B.A. from Syracuse University, an M.A. from Binghamton University, and her J.D., with honors, from the University of Wisconsin School of Law. 

Steven J. McDonald

General Counsel

Steven J. McDonald was General Counsel at Rhode Island School of Design from 2002 until his retirement in 2021 and previously served as Associate Legal Counsel at The Ohio State University. He is the editor of The Family Educational Rights and Privacy Act: A Legal Compendium; the author of articles on FERPA for the Chronicle of Higher Education, Inside Higher Education, and other publications; and a frequent speaker on FERPA. He began his legal career at Jones, Day, Reavis & Pogue, where he represented CompuServe in Cubby v. CompuServe, the first online libel case, and he also has taught courses in Internet law at Ohio State’s College of Law and at Capital University Law School. He also is a Fellow and past member of the Board of Directors of the National Association of College and University Attorneys and a recipient of its Distinguished Service Award. He received his A.B. from Duke University and his J.D. from the Yale Law School. In State, ex rel. Thomas v. The Ohio State University, the Ohio Supreme Court ruled that he really is a lawyer. 

Course Schedule

Introduction
  • Course objectives and outline
  • Background/history and basics
  • Overview of FERPA’s structure
What is an “Education Record?”
  • FERPA’s “revisionist” history
  • Key definitions
  • Email and other examples
What Isn’t an “Education Record?”
  • Key exclusions
  • FERPA, HIPAA, and state medical confidentiality statutes
Disclosure of Education Records I
  • Disclosures with and without consent
  • Directory information
  • Health or safety emergency
  • School officials 
  • Parents
Disclosure of Education Records II
  • Without consent (continued)
  • Disciplinary actions
  • FERPA and Title IX
  • State longitudinal database systems
Disclosure of Education Records III
  • Implied waiver of FERPA rights
  • Disclosure of de-identified records
  • Authentication requirements for disclosure
  • Safeguarding requirements
  • Implicit disclosures
  • Redisclosure and recordation requirements
The “Forgotten” Parts of FERPA
  • The right to “inspect and review”
  • Records pertaining to multiple students
  • The right to “seek amendment”
  • Annual notification of rights enforcement
Applied and Practical FERPA
  • Teaching and working in the cloud
  • FERPA vs. state public records requirements
  • Transcript notations
  • Practical tips

Live Forums

Opportunity for Q&A with course instructors
Unable to attend live? The recording will be available on the course platform for all registrants within a week of the live forum.


FIRST FORUM
Monday, April 6, 2026, 2:00–3:15 P.M. ET

This forum, which is supplemental to the course, will cover content addressed in Modules 1 – 5.

SECOND FORUM
Tuesday, May 19, 2026, 2:00–3:15 P.M. ET

This forum, which is supplemental to the course, will cover content addressed in Modules 6 – 8.

CLE

Pre-recorded sessions

Live Forums

Total Minutes

CLE Credits (60-min hour)

CLE Credits (50-min hour)

Unless otherwise noted, NACUA certifies that this program has been presumptively approved and conforms to the standards prescribed by the rules and regulations of the State Bars of…

FAQs

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