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Description of the Family Educational Rights and Privacy Act of 1974

The Family Educational Rights and Privacy Act of 1974 (FERPA) is a federal law designed to protect the privacy of and limit access to educational records. FERPA grants to students certain rights, privileges and protections relative to the identifiable information contained within their educational records maintained by the University. Specifically:

  1. Students have some control over the disclosure of information. A student's educational records (with the exception of directory information) will be released to third parties outside the University only with the written consent of the student.
  2. Students have the right to inspect their own educational records.
  3. Students have the right to challenge information contained within their educational records.
  4. Students have the right to amend their educational records.
  5. Students have the right to file a complaint with the U.S. Department of Education if they believe their rights under FERPA are violated.

Educational records covered by federal privacy laws include grades, housing information, financial status, results of disciplinary proceedings, etc. Directory information includes name addresses, telephone numbers, e-mail addresses, date and place of birth, photograph, participation in officially recognized activities and sports, field of study, enrollment status (full-, part-time, undergraduate, graduate), degrees and awards, dates of attendance, most recent previous school attended, and grade level. Directory information CANNOT include a student’s identification number or social security number, race, ethnicity, nationality or gender. FERPA does not apply to Medical, Disability and Counseling records, which are confidential and protected.

Non-directory information contained within a student’s educational record may include grades, disciplinary proceedings, and social security and student numbers. Disclosure of non-directory, personally identifiable information requires student consent. This means that the University must withhold such information from parents and others, who believe their relationship with the student entitles them to have the information (even on occasions when the student prefers the information be released), if consent for release is not given. The signed and dated consent for release should specify records that may be disclosed, state the purpose of disclosure, and identify the party to whom disclosure may be made. Consent for release is not required for disclosure:

  1. to school officials with legitimate educational interests;
  2. to state, federal and local authorities conducting audits, evaluations or enforcement of education programs, or to organizations working on their behalf;
  3. to accrediting organizations;
  4. in connection with financial aid;
  5. to parents of a dependent child when the most recent tax return is provided;
  6. in compliance with a lawfully issued subpoena; and
  7. in a health or safety emergency.

Students may file a Request to Share Information, which allows access to educational information to designated individuals. This form is available online and in the Dean of Students and Records and Registration offices. Under FERPA, the University CANNOT release non-directory information if it has not been given permission to do so. The University is able to release non-directory information ONLY WHEN the student has a signed release form on file. FERPA forbids requiring students to give such permission. Upon receipt of the signed release form, the University will be able to disclose information and respond to inquiries from the designated individuals. The signed release form will be kept on file in both the Dean of Students and Records and Registration. Students may revise their designations for disclosure at any time.

The Family Educational Rights and Privacy Act permits the release of directory-type information to third parties outside the institution without written consent. Students may file a Request for Nondisclosure, meaning NO information, including directory information, will be released without consent. This means that the University cannot verify enrollment and degrees earned for potential employers or insurance companies without the student’s written consent. If a student withholds the release of directory information, graduates and leaves the University, the student may rescind that hold with a signature. Such holds can only be re-instated if a student re-enrolls.

Each year, all students receive a Student Handbook, which contains information about FERPA under the “Student Records and Release of Information” heading of the University Policies section. Students may request additional information regarding FERPA, or a copy of the policy (A-16A) describing the University's regulations implementing this act, by contacting Records and Registration or the Dean of Students office.