The Family Educational Rights and Privacy Act (FERPA) is a Federal law designed to protect the privacy of a student’s education records. The laws apply to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA gives parents certain rights with respect to their children’s education records. These rights transfer to the student, or former student, who has reached the age of 18 or is attending any school beyond the high school level. Students and former students to whom the privacy rights have transferred are called eligible students.
1. Inspecting student records
Parents or eligible students have the right to inspect and review all of the student’s education records maintained by Rochester University within 45 days of Rochester University receiving the request. Rochester University is not required to provide copies of materials in education records unless, for reasons such as great distance, it is impossible for parents or eligible students to inspect the records. Rochester University may charge a fee for copies.
2. Amending student’s records
Parents and eligible students have the right to request that Rochester University amend records believed to be inaccurate or misleading. If Rochester University decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if Rochester University still decides not to amend the record, the parent or eligible student has the right to place a statement with the record commenting on the contested information in the record.
3. Releasing and disclosing student’s records
Generally, Rochester University must have written permission from the parent or eligible student before releasing any information from a student’s record. However, the law allows Rochester University to disclose records, without consent, to the following parties:
- Rochester University employees and Board of Trustee members who have a need to know
- Certain government officials, in order to carry out lawful functions
- Appropriate parties, in connection with financial aid to a student
- Organizations conducting certain studies for Rochester University
- Accrediting organizations
- Individuals who have obtained court orders or subpoenas
- Persons who need to know in cases of health and safety emergencies; and state and local authorities, within a juvenile justice system, pursuant to specific state law
4. Notification of disclosure
Rochester University may also disclose, without consent, “directory” type information, such as a student’s name, address, telephone number, date of birth, honors and awards, and dates of attendance. However, Rochester University must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that Rochester University not disclose directory information about them. Rochester University must notify parents and eligible students annually of their rights under FERPA. The actual means of notification (special letter, student handbook, or newspaper article) is left to the discretion of Rochester University.
5. Faculty Responsibilities Regarding FERPA
Faculty must understand that once a student reaches 18 years of age, he or she, not the parents or guardians, holds legal privacy rights regarding grades, academic records, classroom performance, attendance, and matters of behavior and/or discipline. In other words, if a parent, guardian, spouse, or other claimant contacts a faculty member with questions—academic, disciplinary, social, etc.—about any Rochester University student, the faculty member must not divulge any information in order to protect the rights of the eligible student. If the parent/guardian/spouse/other claims that the student in question has signed a release that allows the claimant access to protected information, then the faculty member must verify with the Office of the Registrar that such a document is on file before divulging any information or answering any questions. Failure to follow these guidelines could result in legal action against both the institution and the faculty member.