[TACRAO] Listserv FERPA vs Power of Attorney

Samuel, Elizabeth esamuel at utdallas.edu
Thu Jun 18 14:15:25 CDT 2015


Hello Amy,

I would suggest checking in with your university's legal counsel for advice.  However, at the UT Dallas Registrar's Office, we follow:

-          Ordinarily speaking, a Power of Attorney does not authorize the release of information protected by FERPA to the individual listed as POA. We would need to examine the specific language of the POA to determine further.

-          If the Power of Attorney language does not have language regarding the release of FERPA protected information, we would need the student's written consent.
Thank you,

Elizabeth Samuel
Sr. Associate Director of Records
Office of the Registrar
The University of Texas at Dallas
Esamuel at utdallas.edu<mailto:Esamuel at utdallas.edu>
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From: tacrao-bounces at tamuc.edu [mailto:tacrao-bounces at tamuc.edu] On Behalf Of McGilvray, Amy
Sent: Thursday, June 11, 2015 11:37 AM
To: tacrao at tamuc.edu
Subject: [TACRAO] Listserv FERPA vs Power of Attorney

I apologize if the answer to my questions should be obvious, but I would sincerely appreciate your input.

Scenario:  A student's husband contacts the Bursar's Office inquiring about his wife's refund check.  The husband is informed that, without the student's authorization, FERPA prevents the Bursar's Office from discussing such matters with him.  The husband tells the Bursar's Office he has a power of attorney for his wife.  (FYI - The student/wife is not deployed nor incapacitated.)  The husband is instructed to submit a copy of the power of attorney for review.

My question:  Is a power of attorney sufficient for the release of FERPA-protected information?  Does sufficiency depend on the wording of the document?  If so, for what verbiage should we be looking?

Amy McGilvray '93, MBA '97
Registrar
University of Mary Hardin-Baylor
UMHB Box 8425
900 College Street
Belton TX 76513
254-295-5077 (Office)
254-295-5052 (Fax)

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