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What is a Ferpa waiver?

Published in Education Records 4 mins read

A FERPA waiver, in the context of college applications, is a student's voluntary decision to give up their right to read confidential letters of recommendation written on their behalf. This choice signifies to colleges that the student will not view the content of these recommendations, which is crucial for ensuring their candor and truthfulness.

Understanding the FERPA Waiver

The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. It grants students certain rights with respect to their education records, including the right to inspect and review them. When applying to colleges or universities, students often provide contact information for teachers, counselors, or others who will write letters of recommendation. It is at this point that the FERPA waiver comes into play.

By signing a FERPA waiver, a student effectively gives up their right under FERPA to access these specific recommendation letters once they are submitted. This means the letters remain confidential between the recommender and the institution receiving them.

Why Waive Your Rights?

Choosing to waive your right to view recommendation letters is a widely accepted practice and is often encouraged by admissions offices and recommenders for several compelling reasons:

  • Ensures Candor and Trust: Colleges view letters written with a FERPA waiver as more authentic and truthful. Knowing the student will not read the recommendation allows the writer to be completely honest and candid about the student's strengths, weaknesses, and potential, without fear of repercussions or discomfort. This helps reassure admissions committees that the letters they receive provide an unbiased and accurate assessment of the applicant.
  • Recommender Willingness: Many teachers and counselors prefer to write recommendations under the assumption that the student will not see them. Some recommenders may even decline to write a letter if the student does not waive their rights, as they might feel restricted in what they can write if they know the student will read it. Waiving your rights makes recommenders more comfortable and willing to write a strong, honest letter on your behalf.
  • Demonstrates Confidence: Waiving your rights signals to colleges that you trust your recommenders to write positively about you and that you are confident in your application.

Considerations for Not Waiving

While less common for recommendation letters, students can choose not to waive their FERPA rights. If a student does not waive their rights, they retain the right to view the recommendation letter after it has been submitted to the institution. However, this choice can have certain implications:

  • Potential Perception: Admissions committees might perceive non-waived letters as less candid, assuming the recommender may have self-censored their comments knowing the student would read them.
  • Recommender Hesitation: Some recommenders may feel uncomfortable writing a completely frank letter if they know it will be viewed by the student, potentially leading to a less enthusiastic or detailed recommendation.

Waiver Status Comparison

The table below summarizes the key differences between waiving and not waiving your FERPA rights for recommendations:

Feature FERPA Waiver Signed (Waived) FERPA Waiver Not Signed (Not Waived)
Student Access to Letter No access to the recommendation letter. Student retains the right to view the recommendation letter.
College Perception Letters seen as more candid and truthful; fosters trust. Letters may be perceived as less candid, potentially raising questions.
Recommender Willingness Generally preferred; encourages honest feedback; some may decline if not waived. Some recommenders may be hesitant or decline to write a letter, or write a less detailed one.
Impact on Application Generally positive; signals confidence and trust. Can be neutral, but in some cases, might be a slight disadvantage.

Practical Aspects of the FERPA Waiver

When completing college applications, especially through common platforms like the Common App, you will typically encounter a section where you indicate your FERPA waiver choice.

  • Application Platforms: Most online application systems will present the waiver option clearly when you invite recommenders. You will check a box or select an option to indicate whether you waive your rights.
  • Irreversibility: Once you submit your application and the waiver choice, it is generally final and cannot be changed for that specific application cycle.
  • Separate for Each Recommender: While your general waiver decision applies, you typically make this choice as part of the recommendation request process for each individual recommender.

In most cases, and to ensure the most robust and candid recommendations for your college applications, it is advisable to sign the FERPA waiver.