Privacy of Student Records
Family Education Rights and Privacy Act (FERPA)
The Family Educational Rights and Privacy Act of 1974 (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable U.S. Department of Education program.
FERPA was designed to protect the privacy of students’ educational records, establish the right of students to inspect and review their educational records, and provide guidelines for correcting inaccurate or misleading data. CEI may release directory information as allowed by law.
FERPA gives parents certain rights with respect to their children’s education records. These rights transfer to the student when they reach the age of eighteen (18) or attend a school beyond the high school level (e.g., a college or university). Students to whom the rights have transferred are “eligible students.”
Eligible students have the right to inspect and review their education records maintained by the school. Eligible students have the right to request that a school correct records that they believe to be inaccurate or misleading. Generally, schools must have written permission from the eligible student in order to release any information from the student’s education record.
However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):
- School officials with legitimate educational interest
- Other schools to which a student is transferring
- Specified officials for audit or evaluation purposes
- Appropriate parties in connection with financial aid to a student
- Organizations conducting certain studies for or on behalf of the school
- Accrediting organizations
- To comply with a judicial order or lawfully issued subpoena
- Appropriate officials in cases of health and safety emergencies
- State and local authorities, within a juvenile justice system, pursuant to specific state law
- Schools may disclose, without consent, directory information.
- Eligible students may request that the school not disclose directory information about them by filling out a Non-Release of information and submitting it to Registrar’s Office.
Directory Information Definitions
- Student’s name
- Student’s phone number
- Student’s photograph
- Most recent previous educational agency or institution attended
- Freshman/sophomore standing
- Candidacy for degrees/certificates and anticipated date of graduation
- Student’s address
- Student’s email address
- Enrollment status
- Full-time/part-time status
- Dates of attendance
- Major
- Degrees conferred and dates
- Awards and honors received
A school official is a person employed by the College:
- In an administrative Position
- Supervisory Position
- Counseling Position
- Faculty
- Or support staff position
- 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:
- An attorney
- Auditor
- External evaluator
- Medical service provider
- Law enforcement
- Security personnel
- Or collection agent
- A person serving on the CEI Board of Trustees
- Or a student serving on an official committee such as:
- A disciplinary or grievance committee
- Assisting another school official in performing his or her tasks
A school official has a legitimate educational interest if the official needs to access/review an education record in order to fulfill his or her responsibilities for the College. Any school official who needs information about a student in the course of performing instructional, supervisory, advisory, or administrative duties for the College has a legitimate educational interest. The information must not be used for personal or other purposes extraneous to the official’s areas of responsibility. Access to education records does not constitute authority to share this information with anyone who does not have a legitimate educational interest.
Any student may submit a Non-Release of Information form to the Registrar’s Office to prevent the release of directory information. Any student may also submit a written request to review their records to the Registrar’s Office. Records covered by FERPA will be made available to the student within forty-five (45) days. In general, the College is not required to provide copies of the education records requested unless failure to do so would effectively prevent the eligible student from exercising the right to inspect and review the records.
The College may charge a reasonable fee for preparing copies for the student. A college representative may be present during the review of the records and provide information regarding the interpretation of such records to the student. Students may not inspect financial information submitted by parents or guardians, confidential letters associated with admission, and records to which they have waived their inspection rights. The College will not release records that the College does not own.
Any student has the right to file a complaint under FERPA with the U.S. Department of Education Family Policy Compliance Office concerning alleged failures by the institution to comply with the Act. Complaints must be sent in writing, with all pertinent information, to the following address:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5920
For questions concerning FERPA, please contact the Registrar’s Office at (208) 524-3000 option 4