Information for Students MGH Institute of Health Professions
What is FERPA? The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal law that protects the privacy of student education records. FERPA was passed in 1974 and is one of the oldest federal privacy laws. It prohibits schools from releasing student “education records” without the consent of the eligible student. FERPA applies to all schools that receive federal funding. All students enrolled in institutions of higher education, regardless of age, own their FERPA rights.
Defining Educational Records Records, files, documents, and other materials that contain information directly related to a student and which are maintained by an educational agency or institution or by a party acting for the agency or institution. This is very broad definition as it encompasses paper files, electronic files, video recordings, audio recordings, and other data. Educational records are made up of “Directory” (described in upcoming slides) and “Non-Directory” information.
Student Rights Student rights begin when a student registers for courses for the first time. These rights include: Inspection and review of educational records. Requesting an amendment of educational records. Consent to the disclosure of educational records. Filing a complaint with the FERPA office in Washington, D.C. Obtaining a copy of the school’s FERPA policy. The Institute publishes its FERPA policy in the most current
online catalog under the Students Rights to Privacy Information – FERPA section and students are informed in our Annual Notice to Students. FERPA information can also be found on the Registrar’s section of our website.
How is FERPA enforced? FERPA is legally enforced through the Department of Education’s Family Policy Compliance Office. People cannot sue a school for violating FERPA. This was addressed by the U.S. Supreme Court in Gonzaga University v. Doe. FERPA authorizes the Department of Education to end ALL federal funding to a school. This penalty is rare. In all of FERPA’s history, this sanction has never been imposed on a school.
Disclosure The Institute may disclose directory information without consent. The Institute must allow eligible students a right to opt out of the
disclosure of directory information.
The Institute must have written permission from the student to
release any part of their education record that is not considered to be directory information.
Exceptions to the previous bullet include, but are not limited to, School official with legitimate educational interest (defined in upcoming slide). Subpoena or court order. Health or safety emergency.
Disclosure (continued) DISCLOSURE TO PARENTS: At institutions of higher education, FERPA rights belong to the student , and parents are generally not entitled to access the student’s record without the student’s written consent. According to federal law, disclosure to parents is permitted, but not
required, only in the following situations.
If the student is claimed as a dependent for federal income tax
purposes. Note – this is up to the individual Institution. In a health or safety emergency. If the student is under 21 years old, and the information involves disciplinary records about an incident involving the possession of drugs or alcohol. It is important to note that the Institute has chosen not to communicate any non-directory education record information to parents without written consent from the student.
Legitimate Educational Interest Non-directory (confidential) education records can be released without the student’s prior consent to an Institute official with legitimate educational interest, which is defined as: Performing a task that is specified in his/her position description or contract. Performing a task related to a student’s education or a student’s discipline. Providing a service or benefit to the student. Maintaining safety and security on campus.
What isn’t covered by FERPA? Sole Possession (personal) notes Used only to aid your memory. Kept for your own use. Are not shared with anyone. If you share these with anyone, including school officials, they become FERPA records. Observations or personal knowledge; Example: overhearing a student making a threatening comment, a student’s demeanor or mood, etc. Law enforcement/public safety records; Maintained solely for law enforcement purposes. Employment records; As long as employment is NOT connected to student status. Treatment records; Made and maintained by a health care professional as part of medical/psychological treatment of the student.
Disclosure The Institute may disclose directory information without consent. The Institute must allow eligible students a right to opt out of the
disclosure of directory information.
The Institute must have written permission from the student to
release any part of their education record that is not considered to be directory information.
Exceptions to the previous bullet include, but are not limited to, School official with legitimate educational interest (defined in upcoming slide). Subpoena or court order. Health or safety emergency.
Disclosure (continued) DISCLOSURE TO PARENTS: At institutions of higher education, FERPA rights belong to the student , and parents are generally not entitled to access the student’s record without the student’s written consent. According to federal law, disclosure to parents is permitted, but not
required, only in the following situations.
If the student is claimed as a dependent for federal income tax
purposes. Note – this is up to the individual Institution. In a health or safety emergency. If the student is under 21 years old, and the information involves disciplinary records about an incident involving the possession of drugs or alcohol. It is important to note that the Institute has chosen not to communicate any non-directory education record information to parents without written consent from the student.
Directory Information Information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed. (1988 Final Regulations)
Directory information as defined by the Institute: Name, address, telephone listing, email Address, Photograph, Date and Place of Birth, Class, Enrollment Status, Major Field of Study, Participation in official recognized activities, Dates of attendance, academic honors, Degrees and awards received, the most recent previous educational agency or institution attended.
Directory Information Students may opt to restrict the release of their Directory information.
FERPA flags will not exclude the student from appearing on internal reports used by school officials with legitimate educational interest.
The only exclusion that applies to school officials is the release related to internal mailing lists based on ethnicity.
Students may set these flags by going to IONLINE and setting their privacy options.
Please note that any requests for directory information on individual students or groups of students should be sent to the Registrar’s Office.
Legitimate Educational Interest Non-directory (confidential) education records can be released without the student’s prior consent to a school official with legitimate educational interest, which is defined as: Performing a task that is specified in his/her position description or contract; Performing a task related to a student’s education or a student’s discipline; Providing a service or benefit to the student; or Maintaining safety and security on campus.
How do FERPA regulations apply to COVID-19?
Here is a link to the Department of Education’s FERPA & Coronavirus Disease 2019 (COVID-19) Frequently Asked Questions (FAQ’s).
When do the FERPA rights of a student begin? At application? Admission? Payment? Enrollment?
The FERPA rights of a student begin when the student is first registered for courses.
Thank you for reviewing FERPA Information for Students at the MGH Institute of Health Professions If you have any questions, please contact the Registrar’s Office at Registrar@mghihp.edu