Student Records
The Family
Educational Rights and Privacy Act 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 individual right to privacy by limiting the sharing of student records
without their 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:
A. 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....” At St. Lawrence
University “official records, files, and data” and “cumulative
record folder” include but are not limited to the student’s records
as maintained by the student life and co-curricular education office, the registrar’s
office, the career services 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 form, the high school record, certification of CEEB Advanced
Placement if any, transcripts of work taken at other colleges for credit toward
the St. Lawrence degree, personal data forms, disciplinary records, and certain
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 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.
B. 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
the control of such information begin by discussion with the administrative officer
responsible for the record. An appeal procedure beyond this initial level
begins by sending a written statement with the appropriate grievance information
to the dean of student life and co-curricular education. If the matter
is not resolved, the appeal shall take the course outlined in the student grievance
policy listed in the Student Handbook. In any case, the student
will be allowed to include an appendix to the file explaining the challenge to
the record.
C. 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 in order 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 of 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.
It should be noted
that, as it relates to item 7 above, the university may inform parents
or guardians of a student’s alcohol or drug violations, social
or disciplinary probation, medical emergencies or other emergency situations.
All
persons desiring access to such records, except on the ground of exceptions
(1), (7), or (5, when the subpoena orders confidentiality) 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 (i) of “directory
information,” (ii)
to the student who is the subject of the record, or (iii) 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.
D. 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 which
are used solely in connection with treatment and only available to recognized
professionals or para-professionals in connection with such treatment.” Students,
however, could have a doctor or other qualified professional of their choice
inspect their records.
E. Directory Information:
Colleges continue to have the right to release “directory” information,
limited to name, address, student photograph, telephone number, e-mail address,
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 Vice President and dean of student life and co-curricular education
by September 10.
Student records, other than the academic transcript, are destroyed
five years after a student graduates or leaves St. Lawrence University.
Students
can access the Family Educational Rights and Privacy Act at the registrar’s
website or link to www.ed.gov/policy/gen/guid/fpco/index.html from
the registrar’s
site. The assistant registrar is the university’s contact
person for questions relating to FERPA. Students are encouraged
to discuss any aspect of their individual file with the vice president
and dean of student life and co-curricular education. Copies
of any or all parts of their record are available to the student at
the student’s expense.