Robert Pearl Starks

Hi Danielle, criminal records are public information in the United States. FERPA has to do with educational records. So, I imagine if one is defining "criminal background" to include perhaps open criminal investigations (not convictions) at the school which are protected student records, than under this broad concept of "criminal background," it could violate FERPA to disclose such information. However, the question you are referencing has more to do with the idea of referring students as job candidates to employer partners. In the situation that you refer a student with a criminal record, the employer will have access to such information and the question itself may be asked on official applications. Thus, the point is to explain to an employer why the referral was made despite a known criminal record to advocate for the referred student and to ensure you keep the employer's trust in your referrals. If no explanation is provided, it may seem to be a violation of trust to not explain that you are aware of a student's criminal background when referring. I'm not quite sure of the relevance of the Fair Credit Reporting Act as it applies to discussing a criminal background. 

Thanks for this good question and feedback. I think based on your question, the quiz question you are referencing can be enhanced to be more clear. I hope this helps.

Thanks,

- Robert