FERPA applies to all students who are currently enrolled or formerly enrolled regardless of their age or status with regard to parental dependency. Students who have applied but have not attended an institution and deceased students do not come under FERPA guidelines.
Parents of students termed as “dependent” for income tax purposes may have access to the student’s education records. A copy of the parent’s most recent Federal Income Tax return, where the parents declared the student as a dependent, must be submitted to the Office of Student Records to document “dependency.”
Educational records are all records that contain information directly related to a student especially personal identifiable information. Education Records are maintained by the college, or by a party acting on its behalf. Education records include information stored by any media such as handwritten notes/documents, print, computer printout, photograph, magnetic tape, film, microfilm, microfiche, diskette, computer display screen, and digital images
There are two types of educational records as defined under FERPA; Directory Information and Non-Directory / Personally Identifiable Information.
Directory information – FERPA defines “directory information” as information contained in the education records of a student that would not generally be considered harmful or an invasion of privacy if disclosed. An institution may identify certain student information as directory information, which may be released to third-parties without a student’s consent. Marymount Manhattan College directory information includes the following:
Personal data which includes: Student’s name, Permanent Address ,Telephone number , MMC e-mail address, Place of Birth,
Enrollment data which includes: Academic Program – Degree Program, major, expected graduation date, Academic Level(e.g.Senior, Junior), Current Enrollment Status (e.g. full-time, part-time, withdrawn), Dates of Attendance, Anticipated Date of Graduation, Graduation Date, Degrees and Awards received, Previous Education including all past schools and/or institutions attended
Participation data which includes: the student’s participation in officially recognized activities and sports
The student has the right to restrict disclosure/release of directory information to third-parties by submitting a formal request to the school to limit disclosure.
Non-directory/Personally Identifiable Information
Non-directory or personally identifiable information is any educational record not considered directory information.
Non-directory/personally identifiable information cannot be released to another party, without the prior written consent of the student. Further, faculty and staff can access non-directory information only if they have a legitimate academic need to do so. Non-directory information may include:
- Social security number
- Student identification number
- Race, ethnicity, and/or nationality
Exception - when prior consent is not required - The institution may release records without student’s consent under the following circumstances:
- Administrators, faculty, staff members, or third party acting on behalf of Marymount Manhattan College who may need review education records to perform their legitimate educational and business duties such as:
- Performing a task that is specified in his/her position description or contract.
- Performing a task related to a student’s education or to student discipline.
- Providing a service or benefit related to the student or student’s family.
- Maintaining safety and security on campus.
- In compliance to a subpoena or judicial order, provided that the college attempts to notify the student of the order or subpoena. If, in the case the college receives a Federal grand jury subpoena or other lawfully issued subpoena that specifically orders that such notification not be made, compliance to release records will not require student’s consent.
- In compliance to a court order issued in connection with the investigation or prosecution of terrorism / The USA Patriot Act permits educational agencies and institutions to disclose - without the consent or knowledge of the student or parent- personally identifiable information from the student’s education records to the Attorney General of the United States or to his designee in response to an ex parte order in connection with the investigation or prosecution of terrorism crimes.
- If records are requested by the following organizations:
- Parent or guardian may obtain non-directory information at the discretion of the college if the student is a dependent per federal tax law/ Internal Revenue Code of 1954, Section 152.
- to accrediting, testing, and similar organizations;
- to certain federal, state, and local officials and authorities, in connection with financial aid for which the student has applied or received, under the conditions set forth in the FERPA Regulations
- In connection with a health or safety emergency - If the college determines there is “articulable and significant threat” to the health and safety of the student or others, information from education records can be released “to any person whose knowledge of the situation is necessary to protect” the health and safety of the student or other individuals.
- An alleged victim of violent crime may be told the results of any disciplinary proceedings arising out of the commission of that crime.
- Another institution requests such records for a student who is planning to enroll, is already enrolled, or receiving service from, that institution while he or she is attending MMC, provided that the disclosure is for purposes related to the student’s enrollment or transfer
- Parent(s) may be notified if a student under 21 years of age is found responsible for a violation involving use or possession of alcohol and drugs.
- Military recruiters requesting student recruiting information/data upon request (Solomon Amendment - 1997) “Student Recruiting Info.” includes: student’s name, address, telephone number, age, date of birth, place of birth, class, major, degrees, most recent educational institution attended* Students who have opted out or have chosen not to have directory information disclosed are excluded.
What are not education records? –
- ·Sole possession records or records kept in the sole possession of the maker, such as privacy notes. Sole possession records are used only as a personal memory aid and are not accessible or reviewed by any other person except a temporary substitute for the maker of the record.
- ·Medical or psychological treatment records that include those maintained by physicians, psychiatrists, psychologists, or other recognized professional or paraprofessional and disclosed only to individuals providing treatment.
- ·Employment records, provided that employment is not contingent upon being a student
- ·Law enforcement records or campus security records that are solely for law enforcement purposes and maintained solely by the law enforcement unit
- ·Alumni records that have been collected about an individual after that person is no longer a student at MMC.
- Confidential letters and statements of recommendation placed in records after January 1, 1975, tmay not be released if the student has waived access to such letters and recommendations and if such letters and recommendations relate to the student’s admission to an educational institution ), application for employment, or receipt of an honor or honorary recognition
- Financial information submitted by parents.
- Confidential letters and recommendations placed in their files prior to January 1, 1975.
- The right to inspect and review education records – Upon written request to the Registrar, Marymount Manhattan College’s, custodian of academic records, the college must grant access to the student’s education records within 45 days from the day the college receives the request. When a record contains information about more than one student, the student may inspect and review only the records that relate to him/her.
. Limitation on Right of Access: Marymount Manhattan College reserves the right to refuse to permit a student to inspect the following records:
- The financial statement of the student’s parents.
- Letters and statements of recommendation for which the student has waived his/her right of access, or which were maintained before January 1, 1975.
- Records connected with an application to attend the College or a component unit of the College if that application was denied.
- Those records which are excluded from the FERPA definition of educational records.
. Marymount Manhattan College reserves the right to deny copies of records, including transcripts, not required to be made available by FERPA in any of the following situations:
a. The student lives within commuting distance of the College.
b. The student has an unpaid financial obligation to the College.
c. There is an unresolved disciplinary action against the student.
d. The education record requested is an exam or set of standardized test questions. (An exam or standardized test that is not directly related to a student is not an education record subject to FERPA’s access provisions.)
- The right to request an amendment to the student’s education records that the student believes are inaccurate, misleading, or in violation of their privacy rights. A student must ask the appropriate college official to amend or delete a record. In so doing, the student should identify the part of the record to be amended and specify why the student believes it is inaccurate, misleading, or in violation of his/her privacy rights.
The College may comply with the request or it may decide not to comply. If it decides not to comply, the College will notify the student of the decision and advise the student of his/her right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student’s privacy rights.
Upon request, the College will arrange for a hearing and notify the student reasonably in advance, of the date, place, and time of the hearing. The hearing will be conducted by a hearing officer who is a disinterested party; however, the hearing officer may be an official of the College. The student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student’s education records. The student may be assisted by one or more individuals, including an attorney.
The College will prepare a written decision based solely on the evidence presented in the hearing. The decision will include a summary of the evidence presented and the reason for the decision. If the College decides that the information is inaccurate, misleading, or in violation of the student’s privacy rights, it will amend the record and notify the student, in writing, that the record has been amended. If the College decides that the challenged information is not inaccurate, misleading, or in violation of the student’s rights of privacy, it will notify the student that she/he has the right to place in the record a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision.
The statement will be maintained as part of the student’s education record as long as the contested portion is maintained. If the College discloses the contested portion of the record, it must also disclose the statement.
- The right to consent to disclosures of personally identifiable information contained in the student’s education records. With exception to the parties below, requests for non-directory information or personally identifiable information will not be disclosed to a third party, unless a student consents by filing a Student Consent to Release of Personal Identifiable Information form with the Office of the Registrar.
- Students have the right to file a complaint with the U. S. Department of Education concerning alleged failures by the college to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-8520
For additional information on FERPA, go to U.S. Department of Education.