In an article published earlier this month, NASFAA provided guidance on the frequently asked question - Can A School Withhold Academic Transcripts? The article cautioned that while a school has the discretion to make its own policy on whether or not it will withhold official academic transcripts under certain circumstances, it must be sure that its policy does not violate 34 CFR 99, Subpart B of the Family Educational Rights and Privacy Act (FERPA).

NASFAA has received additional questions regarding the legal implications of this practice since the initial publication of the article. Specifically, schools have asked for guidance on what to do when a school has accrediting agency, state, and/or local policy requirements that seem to conflict with the FERPA requirements.

As a general rule, federal law and regulations supersede state, local and other agency requirements. When faced with federal, state, local and/or other agency requirements that don't completely align, many schools opt to take the conservative approach and adhere to the strictest of all the requirements. There are some rare occasions when this general rule does not apply. Therefore, it is always good practice to consult with your school's legal counsel for assistance when faced with the dilemma of complying with what appear to be conflicting requirements.

By Stacey Peterson
NASFAA Associate Director of Professional Assessment, Training, and Regulatory Assistance

Posted 02/25/09 to www.NASFAA.org. Redistribution to non-NASFAA institutions is prohibited. Please submit Web site questions or comments to Web@NASFAA.org.