Notification of Rights under FERPA for Postsecondary Institutions

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Notification of Rights under FERPA for Postsecondary Institutions

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The Family Educational Rights and Privacy Act (FERPA) affords ��Ϲ��s certain rights with respect to their education records.

These rights include:

The right to inspect and review the ��Ϲ��'s education records within 45 days of the day the college receives a request for access.
A ��Ϲ�� should submit to the registrar, dean or other appropriate college official a written request that identifies the record(s) the ��Ϲ�� wishes to inspect. The college official will make arrangements for access and notify the ��Ϲ�� of the time and place where the records may be inspected. If the records are not maintained by the college official to whom the request was submitted, that official shall advise the ��Ϲ�� of the correct official to whom the request should be addressed.
The right to request the amendment of the ��Ϲ��'s education records that the ��Ϲ�� believes are inaccurate, misleading or otherwise in violation of the ��Ϲ��'s privacy rights under FERPA.
A ��Ϲ�� who wishes to ask the college to amend a record should write the college official responsible for the record, clearly identifying the part of the record the ��Ϲ�� wants changed and specifying why it should be changed. If the college decides not to amend the record as requested, the college will notify the ��Ϲ�� in writing of the decision and the ��Ϲ��'s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the ��Ϲ�� when notified of the right to a hearing.
The right to provide written consent before the college discloses personally identifiable information from the ��Ϲ��'s education records, except to the extent that FERPA authorizes disclosure without consent.
The college discloses education records without a ��Ϲ��'s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by the college in an administrative, supervisory, academic or research role, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the college has contracted as its agent to provide a service instead of using college employees or officials (such as attorney, auditor or collection agency); a person serving on the Board of Trustees; or a ��Ϲ�� serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing their tasks.
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, DC 20202-5901
M State may disclose directory information of ��Ϲ��s.
Directory information includes name, items needed to be accepted to the college and/or selective admissions program, categories of holds preventing a ��Ϲ�� from registering for classes, major field of study, honors and awards, most recent educational agency or institute attended, dates of attendance, weight and height (used for ��Ϲ�� athletes only), dates of graduation, certification and awards.
You may suppress the release of directory information/data by completing a Release of Information form indicating such at Forms.
Students may request a copy of the Student Directory Data Policy at Student Development Services on any M State campus or view it at Policies and Procedures.

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FERPA for parents

Would you like M State to provide you with information such as your ��Ϲ��'s academic progress or tuition balance? In most cases, M State will need your ��Ϲ��'s written consent for you to have access to this information. Your ��Ϲ�� can authorize access by filling out a Release of Information form, available at Forms.

We hope the following will help you understand M State's duty to protect ��Ϲ�� privacy and encourage you to act now to ensure access to ��Ϲ�� information when you need it - or to at least avoid the frustration of being caught unaware of the rules.

Why do colleges and universities say they need to protect the privacy of ��Ϲ�� records?

It's not just a school policy - it's the law. Minnesota state colleges and universities are subject to the federal Family Educational Rights and Privacy Act (FERPA) and the Minnesota Government Data Practices Act (MGDPA), which contain detailed rules about ��Ϲ�� record privacy. A key provision of those laws is that college and university ��Ϲ��s have the right to control disclosure of private education records about themselves to third parties, including parents, spouses or other family members. These rights apply to all college or university ��Ϲ��s, even if they are minors. (Records of a PSEO ��Ϲ�� are routinely shared with the high school where the ��Ϲ�� is also in attendance.)

What is an education record?

Education records that are subject to these privacy laws encompass a wide scope of information, including grades, housing information, class enrollment, attendance information, counseling or medical records from campus health centers, disciplinary records and tuition balance information. Most education records are classified as private.

Schools may release private education records to third parties - including family members - only if the law permits or if the ��Ϲ�� has a signed a valid authorization.

Of course, ��Ϲ��s themselves may release their own information as they wish.

When may school officials release private education records to family members?

It depends on a number of factors; some situations do not require the ��Ϲ��'s consent. For example, where the health or safety of the ��Ϲ�� or others is in danger, school officials may release information to deal with that emergency. Those are rare situations.

In most circumstances, family members will need to show a signed, dated authorization for release of information. A form that has been developed for this use is located in the ��Ϲ�� services office at each M State campus and is available online through the Release of Information Form.

However, any document that includes the following would be valid:

Who is authorized to release the information
To whom the information may be released
What information may be released
The purpose for which the information may be used
The ��Ϲ��'s signature;
And a date.

A simple email from the ��Ϲ�� is not sufficient authorization. Send the completed form to the director of ��Ϲ�� development services at the campus your ��Ϲ�� is attending.

An original release form is not required. School officials may honor a copy of a valid release, including a fax. An authorization could permit disclosure of information by phone or email so long as an otherwise valid release is on file. A form could also authorize ongoing disclosures, such as grades each semester.

We encourage you and your ��Ϲ�� to discuss signing a release before issues of access arise. Releases may be as broad or as limited as desired. You may want to remind your ��Ϲ�� of the potential negative consequences of not permitting you to have access to information such as tuition balance.

Doesn't the fact that I pay my child's tuition give me automatic access to information?

No. Schools are permitted to have a policy whereby the parents of a financially dependent child may have access to private education records without the child's consent, but M State does not have such a policy. You generally will need the ��Ϲ��'s written consent for private information, even if you financially support the ��Ϲ�� in whole or in part.

Can't a college or university require ��Ϲ��s to sign a release to parents?

Is there any information that is public about ��Ϲ��s at a college or university?

Each college or university defines certain data about its ��Ϲ��s as "directory information." This information was selected because M State officials determined that disclosing this information would not generally be considered an invasion of privacy.

M State's definition of directory information can be found in the Student Handbook or on this website. It is subject to change. Directory information is available to anyone, and no ��Ϲ�� consent is required to release it. However, ��Ϲ��s have the right to suppress their directory data so that it is treated as private. For those ��Ϲ��s, school officials may not release their directory information without written consent or other legal authority.

Where can I go for more information on the privacy of ��Ϲ�� records?