Student Records and FERPA

FERPA

The Family Educational Rights and Privacy Act (FERPA) of 1974, as amended, became effective on December 31, 1974. The purpose of the act as it pertains to post-secondary institutions is twofold: to assure students access to their educational records and to protect an individual’s right to privacy by limiting the sharing of student records without his or her consent.

This information is made available to all students in accordance with the requirement that they be informed of the rights afforded them by the act. Specifically, students are advised of their rights as follows:

Records available to students:
Matriculated students have “the right to inspect and review any and all official records, files, and data... including all material that is incorporated into each student’s cumulative record folder, and intended for school use or to be available to parties outside the school....” St. Lawrence University defines “official records, files and data” and “cumulative record folder” to be the student’s records as maintained by the student life and co-curricular education office, the registrar’s office, the career services and leadership education office, the business office, the financial aid office and the education department.

The law requires the University to respond to a student’s request to see the official record or the cumulative record folder by establishing “appropriate procedures for the granting of a request...within a reasonable period of time, but in no case more than forty-five days after a request has been made.”

A student’s file in the student life office includes the student’s initial application, personal data forms, disciplinary records and records of communication with the student and his/her family from various University representatives. The registrar’s office maintains the official academic record. The career services and leadership education office retains letters of recommendation for post-graduate and/or job placement.

The amended act clarifies that recommendations written before December 31, 1974, are not available to students and others unless approved by the writer. Recommendations written after that date are open to students unless the student waives this right. All students are urged to clarify this when requesting a recommendation.

Hearings to challenge a record: Students must be afforded “an opportunity to insure that the records are not inaccurate, misleading, or otherwise in violation of the privacy or other rights of students.” Further, provisions must be made “for the correction or deletion of any such inaccurate, misleading, or otherwise inappropriate data” contained in the official record. Formal procedures for challenging such information are detailed in the Student Academic Grievance Procedure section of the Student Handbook.

Rights of third parties to access records:
The University will disclose personally identifiable information from a student’s education records only with the written consent of the student, except: (1) to school officials (i.e., persons employed by the University in an administrative, supervisory, academic, research or support staff position; a person elected to the board of trustees; a person or company employed by or under contract to the University to perform a special task, such as an attorney or auditor; or a student serving on an official committee or assisting another school official in performing his or her tasks) who have legitimate educational interests (i.e., the need to review education records to fulfill their University- related responsibilities); (2) to officials of another school in which the student seeks or intends to enroll (note: it is the University’s policy to forward education records to other agencies or institutions in which the student seeks or intends to enroll upon the request of such agencies or institutions, without notification to the student); (3) to authorized representatives of certain FERPA designated federal and state agencies for the enforcement of federal and state legal requirements; (4) in connection with a student’s application for or receipt of financial aid, as necessary to determine the eligibility, amount or conditions of the financial aid, or to enforce the terms and conditions of the aid; (5) pursuant to court order or lawfully issued subpoena, but only after reasonable attempt to notify the student of the order or subpoena, unless the subpoena prohibits disclosure of the existence or contents of the subpoena or information furnished in response to the subpoena; (6) to accrediting organizations to carry out their functions; (7) to parents of a student who claim the student as a dependent for income tax purposes; (8) in connection with health and safety emergencies, as permitted by law; (9) to an alleged victim of any crime of violence or the results of any institutional disciplinary proceeding against the alleged perpetrator or that crime with respect to that crime; and (10) as otherwise permitted by FERPA and its implementing regulations as amended from time to time.

All persons desiring access to such records, except on the grounds of exceptions 1, 5 (when the subpoena orders confidentiality) or 7 above, shall be required to sign a written record access form, which shall be kept in the student’s file.

With the exception of disclosures covered by the exceptions noted above, prior to release of personally identifiable information from a student’s education records, and subject to the rules regarding “directory information,” below, written consent must be received from the student specifying the records to be disclosed, stating the purpose of the disclosure and identifying the party or class of parties to whom the disclosure may be made. The authorization for release shall be kept with the student’s file.

Whenever the University discloses personally identifiable information from an education record (except as to disclosures (1) of “directory information,” (2) to the student who is the subject of the record, or (3) to the parent of a dependent student) it shall inform the party to whom it is disclosing the information that it may not be further released or disclosed without the consent of the student or the parent of a dependent student.

Records unavailable to students:
Students do not have the right of access to their parents’ confidential financial statements or to medical, psychiatric or “similar records that are used solely in connection with treatment and only available to recognized professionals or paraprofessionals in connection with such treatment.” Students, however, could have a doctor or other qualified professional of their choice inspect their records.

Directory information:
The University continues to have the right to release “directory” information, limited to name, address, telephone number, email address, student photo id, dates of attendance, major field of study, degrees and awards received and the most recent previous educational agency or institution attended by the student, without first obtaining the consent of the student. Students or parents wishing to have the information excluded from directories should contact the office of the dean of student life and co-curricular education.

Copies of the act are available in Vilas 114, and students are encouraged to discuss any aspect of the law or their individual file with the vice president and dean of student life and cocurricular education. Copies of any or all parts of the record are available to the student at the student’s expense.