FERPA - Rights and Privacy Act

Under all conditions, the official text of the Act shall prevail.

Rule of Thumb: If in doubt, don't give it out! Let the Office of the Registrar determine the legal course of action.

What is FERPA?

FERPA is the Family Educational Rights and Privacy Act passed by Congress in 1974. FERPA is designed to protect the privacy of students by limiting third party access to student education records. Maintaining confidentiality of student records is everyone's responsibility whether you are faculty, staff or student. As a general principle, you may not disclose student information in oral, written, or electronic form to anyone except LMU staff and faculty who have a legitimate educational need to know the information in order to perform their University functions.

Penalties for Violation of FERPA
The Family Policy Compliance Office (FPCO) of the Department of Education reviews and investigates complaints of alleged violations of FERPA. If the (FPCO) Office finds that there has been a failure to comply with FERPA, it will notify the institution about the corrections that need to be made to bring the institution into compliance. The FPCO will then establish a reasonable period of time for the institution to voluntarily accomplish the specified changes. If the Secretary of Education finds that, after this reasonable period of time, an institution has failed to comply with FERPA and determines that compliance cannot be secured by any means, he or she can, among other options, direct that no federal funds (financial aid, education grants, etc.) be made available to that institution.

Parental and Third Party Access to Student’s Educational Record
When a student reaches the age of 18 or begins attending a postsecondary institution, regardless of age, FERPA rights transfer from the parent to the student.

FERPA gives students the following rights regarding educational records:

• The right to access education records kept by the school
• The right to amend education records
• The right to request that education records be disclosed only with student consent
• The right to file complaints for unauthorized disclosure of education records

Students have a right to know about the purpose, content, and location of information kept as a part of their education records. They also have a right to expect that information in their education records will be kept confidential unless they give permission to the University to disclose such information, or if a limited number of exceptions apply. Therefore, it is important to understand how education records are defined under FERPA.

What is an education record?
FERPA defines education records as records that are directly related to a student; are maintained, in whatever format or medium, by an educational institution or by a party acting for the institution; and contain information that is personally identifiable to a student.

Education records do NOT pertain to:

• Records in the sole possession of the maker (e.g. private advising notes).
• Law enforcement records created and maintained by the public safety office for law enforcement or public safety purposes.
• Employment records except where contingent upon, e.g., work-study and wages.
• Medical/psychological treatment records from a health or counseling center.
• Alumni records which are created after the student graduates or leaves the University.

There are two classes of education records
Education records are divided into two classes: directory information and non-directory information. Therefore, it is important to know the type of educational record that is being considered for disclosure.

What is Directory Information?
“Directory information [is] information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.” (FERPA Regulations, Code of Federal Regulations, Title 34, Part 99.3). FERPA permits disclosure of directory information without consent unless the student has filed a Request for Non-Disclosure of Directory Information. LMU considers the following information to be Directory Information.

The data defined below is the ONLY INFORMATION AN AUTHORIZED LMU EMPLOYEE MAY DISCUSS WITH PARENTS, GUARDIANS AND OTHER REQUESTORS. IF THE INFORMATION BEING REQUESTED IS NOT IDENTIFIED BELOW, THEN IT IS COVERED BY FEDERAL LAW AND MAY NOT BE DISCUSSED OR GIVEN. QUESTIONS ABOUT THIS POLICY SHOULD BE DIRECTED TO THE OFFICE OF THE REGISTRAR.

• Name
• Address(es)
• Telephone numbers
• E-mail address(es)
• Date and place of birth
• Major field of study
• Enrollment status
• Participation in officially recognized activities
• Dates of attendance
• Anticipated degree and degree date
• Degrees, honors, and awards received
• Most recent educational institutions attended
• Weight and height of members of athletic teams
• Photograph
• A student’s personal identifier used by the student for purposes of accessing or communication in electronic systems

LMU Non-directory Information
This is any education record not considered to be LMU Directory Information. Non-directory Information must NOT be released to anyone, including parents of the student, without the prior written consent of the student. Further, faculty and staff may access Non-directory Information only if they have a legitimate academic need to do so. Examples of non-directory information are:

• Class rosters
• Grade reports
• CAPP Degree Audit
• Student schedule
• Transcripts
• Most disciplinary records
• Class attendance

What is Legitimate Educational Need?
Under FERPA, a school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his/her university responsibilities. This includes such purposes as:

• performing appropriate tasks that are specified in his/her job description or by a contract agreement
• performing a task related to a student's education
• performing a task related to the discipline of a student
• providing services for the student or the student's family, such as health care, counseling, job placement, or financial aid

What is NOT "legitimate educational need"?
Legitimate educational interest does not convey inherent rights to access any and all student information. The law distinguishes between educational interest, and personal or private interest; educational records are not to be accessed or used for personal reasons. Educational interest does not constitute authority to disclose information to a third party without the student's written permission.

Under FERPA, under what conditions is prior consent not required to disclose information
Information may be released to the following individuals under the following circumstances:

• school officials with legitimate educational interest
• school officials at an institution where the student seeks to enroll
• parents of students who claim student as dependent for tax purposes
• health or safety emergencies that require protection of the student or others
• a court order or subpoena, after reasonable effort has been made to notify the student
• the Secretary of the Department of Education
• the Office of the Comptroller General
• the Attorney General’s Office of the United States
• state and local education authorities as part of an audit or program review
• research firms working for the educational institution

Blocking the Release of Directory Information
Should a student wish to block the release of directory information, the student must submit a Request to Prevent Disclosure of Directory Information form to the Office of the Registrar.

If a student blocks the release of academic records, the University may not confirm or deny attendance, degree completion, or any other Directory Information. Individuals with access to the official student database will see a Confidential warning displayed on the student’s record, and will immediately know that NO information may be released about that student.

Releasing Non-directory Information
Should a student wish to release Non-directory Information, the student must complete a signed and dated Authorization for Release of Student Records and submit it to the Office of the Registrar.

What can be discussed or casually mentioned?
LMU has determined that data identified in the Directory Information is considered public information and can be discussed with others UNLESS a student blocks the release of Directory Information. A student must submit the request to block the release of Directory information to the Office of the Registrar every semester. For these students, no data may be discussed.

Quick Tips on What Not To Do

• Do not publish grade data which identifies a particular student or students
• Grades should never be posted in a public place
• Never link in a public manner a student name, University ID, or Social Security Number
• Never require students to write their name and ID number on a sheet which is circulated in the classroom
• Do not circulate any information with grades in a classroom setting. It is better to distribute each paper directly to each student. Also, do not allow students to thumb through a stack of graded papers in order to find their paper
• Do not discuss the academic progress of a student with the parents of the student
• Never provide anyone with a list of students enrolled in your class
• Never provide anyone with student schedules or assist anyone other than university employees in finding a student on campus

Faculty, Staff, and Administrative Assistants may request Access to Student Records Systems.

Under all conditions, the official text of the Act shall prevail.

FERPA is the Family Educational Rights and Privacy Act passed by Congress in 1974. FERPA is designed to protect the privacy of students by limiting third party access to student education records.

Parental and Third Party Access to Student’s Educational Record

When a student reaches the age of 18 or begins attending a postsecondary institution, regardless of age, FERPA rights transfer from the parent to the student. This means that the parents or guardians are no longer the owner of the records; once at LMU, parents and guardians must seek permission of the student to access the record. The University is not allowed by Federal Law to discuss grades or any other content of the student's record at LMU unless it is identified as Directory Information provided that the student has not chosen to withhold that information as well.

Download The Family Educational Rights and Privacy Act - Guidance for Parents - February 2011 from the Department of Education.

FERPA gives students the following rights regarding educational records:

• The right to access education records kept by the school
• The right to amend education records
• The right to request that education records be disclosed only with student consent
• The right to file complaints for unauthorized disclosure of education records

Students have a right to know about the purpose, content, and location of information kept as a part of their educational records. They also have a right to expect that information in their educational records will be kept confidential unless they give permission to the school to disclose such information. Therefore, it is important to understand how educational records are defined under FERPA.

What is an education record?

FERPA defines education records as records that are directly related to a student; are maintained, in whatever format or medium, by an educational institution or by a party acting for the institution; and contain information that is personally identifiable to a student.

Education records do NOT pertain to:

• Records in the sole possession of the maker (e.g. private advising notes).
• Law enforcement records created and maintained by the public safety office for law enforcement or public safety purposes.
• Employment records except where contingent upon, e.g., work-study and wages.
• Medical/psychological treatment records from a health or counseling center.
• Alumni records which are created after the student graduates or leaves the University.

Education records are divided into two classes: directory information and non-directory information.

What is Directory Information?

“Directory information [is] information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed.” (FERPA Regulations, Code of Federal Regulations, Title 34, Part 99.3). FERPA permits disclosure of directory information without consent unless the student has filed a Request for Non-Disclosure of Directory Information.

LMU considers the following information to be Directory Information:

• Name
• Address(es)
• Telephone numbers
• E-mail address(es)
• Date and place of birth
• Major field of study
• Enrollment status
• Participation in officially recognized activities
• Dates of attendance
• Anticipated degree and degree date
• Degrees, honors, and awards received
• Most recent educational institutions attended
• Weight and height of members of athletic teams
• Photograph
• A student’s personal identifier used by the student for purposes of accessing or communication in electronic systems

LMU Non-directory Information

This is any educational record not considered to be LMU Directory Information. Non-directory Information may NOT be released to parents of or guardians of the student without the prior written consent of the student. Examples of non-directory information are:

• Class rosters
• Grade reports
• CAPP Degree Audit
• Student schedule
• Transcripts
• Most disciplinary records
• Class attendance

According to FERPA, under what conditions is prior consent not required to disclose information? Information may be released to the following people under the following circumstances:

• school officials with legitimate educational interest
• school officials at an institution where the student seeks to enroll
• parents of students who claim student as dependent for tax purposes
• health or safety emergencies that require protection of the student or others
• a court order or subpoena, after reasonable effort has been made to notify the student
• the Secretary of the Department of Education
• the Office of the Comptroller General
• the Attorney General’s Office of the United States
• state and local education authorities as part of an audit or program review
• research firms working for the educational institution

Blocking the Release of Directory Information

A student has the right to block release of directory information by filing a Non-disclosure of Directory Info. If a student files this form, it prevents Loyola Marymount University from disclosing all knowledge of the student. The University may not confirm or deny attendance, degree completion, or any other Directory Information.

Releasing Non-Directory Information

A student also has the right to release even non-directory information by filing a Authorization to Release Student Records.

The Family Educational Rights and Privacy Act of 1974, as amended (“FERPA”), is a Federal law which states that (a) a written institutional policy must be established by our university and (b) a statement of adopted procedures covering the privacy rights of students be made available. The law provides that the institution will maintain the confidentiality of student educational records.

Loyola Marymount University (“LMU”) recognizes, abides by and enforces the confidentiality of student records under FERPA. No one outside the institution shall have access to nor will the University disclose any information from the educational records of students without their written consent except as required by FERPA. These FERPA exceptions include disclosure of student educational records without the student’s consent to personnel within the university determined to have legitimate educational interests (these persons have responsibilities in connection with LMU’s academic, administrative, or service functions and have reason for using student records connected with their campus or other related academic responsibilities; to officials of other educational institutions in which students seek to enroll; to persons or organizations providing students financial aid; to accrediting agencies carrying out their accreditation functions; to authorized representatives auditing and evaluating Federal and State supported programs; to persons in compliance with a judicial order, or pursuant to any lawfully issued subpoena; to a court in any legal actions initiated by the student against LMU, without a court order or subpoena to authorized Federal and state officials; to parents of a dependent student; to an alleged victim of any crime of violence; the final results of any disciplinary proceeding conducted by LMU respecting a student; and, to persons in an emergency in order to protect the health and safety of students or other persons. All of the exceptions are provided for and are permitted under FERPA.

Within the Loyola Marymount University community, only those school officials (faculty and staff members), individually or collectively, acting in the students’ educational interests are allowed access to student education records. These members include personnel in the Offices of the University Registrar, the Deans, the Controller, Admissions, Financial Aids and other personnel within the limitations of their need to know.

At its discretion, Loyola Marymount University may provide public or directory information in accordance with the provisions of FERPA to include: student name, address, telephone number, electronic mail address, date and place of birth, major field of study, dates of attendance, photographs or images of the student, degrees and awards received, the most recent previous educational agency or institution attended by the student, participation in officially recognized activities and sports, and height and weight of members of athletic teams.

Students may withhold directory information by filing a “Request to Prevent Disclosure of Directory Information” in the Office of the Registrar by the close of official registration. Requests for nondisclosure will be honored by the institution for only one semester; therefore an authorization to withhold directory information must be filed each semester in the Office of the Registrar.

The law provides students with the right to inspect and review information contained in their educational records, to challenge the contents of their educational records, to have a hearing if the outcome of the informal challenges is deemed unsatisfactory by the student, and to submit explanatory statements for inclusion in their files with the record challenged, if they feel the decisions of the hearing panels to be unacceptable. The University Registrar at Loyola Marymount University has been designated by the institution to coordinate the inspection and review the procedures for students’ educational records. Students wishing to review their educational records must make written requests to the University Registrar listing the item or items of interest. Only records covered by FERPA will be made available within forty-five days of the receipt of a request.

Students may request copies of their records with certain exceptions (e.g., a copy of the academic record for which a financial “hold” exists, or a transcript of an original or source document which exists elsewhere, or records placed in files prior to January 1, 1975, written and collected under established policies of confidentiality). These copies will be made at the students’ expense.

Educational records do not include records of instructional, administrative and educational personnel which are in the sole possession of the maker and are not accessible or revealed to any other individual except a temporary substitute, records of the law enforcement unit, employment records or alumni records and student health records; however, health records may be personally reviewed by a physician or other appropriate professional of the students’ choosing.

Students may not inspect and review the following as outlined by FERPA: financial information submitted by their parents; confidential letters and recommendations associated with admissions, honors, employment or job placement to which they have waived their rights of inspection and review; or educational records containing information about more than one student, in which case the institution will permit access ONLY to that part of the record which pertain to the inquiring student. The institution is not required to permit students to inspect and review confidential letters and recommendations places in their files prior to January 1, 1975, provided those letters were collected under established policies of confidentiality and were used only for the purposes for which they were collected.

Students who believe that their educational records contain information that is inaccurate or misleading, or otherwise in violation of their privacy or other rights may discuss their concerns informally with the University Registrar or with the person directly responsible for the recording and maintenance on the educational record in question. If the decisions are in agreement with the student’s request, the appropriate records will be corrected and amended. If not, the student will be notified within a reasonable period of time that the records will not be amended, and he or she will be informed by the University Registrar of his or her right to a formal hearing. Student requests for a formal hearing must be made in writing to the Academic Vice President who, within a reasonable period of time after receiving such request, will inform the student of the date, place, and time of the hearing. The student may present evidence relevant to the issues raised and may be assisted or represented at the hearing by one or more persons of his or her choice, including attorneys, at the student’s expense. The hearing panel which will adjudicate such challenges will be those individuals designated by the Academic Vice President and will include the student’s academic dean, faculty advisor, and at least two faculty members as well as the student representative, if acceptable to the student seeking the hearing.

Decisions of the hearing panels will be final and will be based solely on the evident presented at the hearing and will consist of written statements summarizing the evidence and stating the reasons for the decision. Decisions will be delivered to all parties concerned. The educational records will be corrected or amended in accordance with the decision of the hearing panel, if the decision is in favor of the student. If the decision is not in favor of the student, the student may place with his or her educational record a statement commenting on the information in the records, or a statement setting forth any reasons for disagreement with the decision of the hearing panel. The statements will be placed in the educational records, maintained as a part of the student’s record, and released whenever the records in question are disclosed.

Students who believe that the adjudications of their challenges were unfair, or not in keeping with the provisions of FERPA may request assistance in writing from the President of Loyola Marymount University to aid them in filing complaints with the Family Policy Compliance Office, the U.S. Department of Education, 400 Maryland Ave., SW, Washington, D.C. 20202.

The Family Educational Rights and Privacy Act of 1974, as amended (“FERPA”), is a Federal law which states that (a) a written institutional policy must be established by our university and (b) a statement of adopted procedures covering the privacy rights of students be made available. The law provides that the institution will maintain the confidentiality of student educational records.

Loyola Marymount University (“LMU”) recognizes, abides by and enforces the confidentiality of student records under FERPA. No one outside the institution shall have access to nor will the University disclose any information from the educational records of students without their written consent except as required by FERPA. These FERPA exceptions include disclosure of student educational records without the student’s consent to personnel within the university determined to have legitimate educational interests (these persons have responsibilities in connection with LMU’s academic, administrative, or service functions and have reason for using student records connected with their campus or other related academic responsibilities; to officials of other educational institutions in which students seek to enroll; to persons or organizations providing students financial aid; to accrediting agencies carrying out their accreditation functions; to authorized representatives auditing and evaluating Federal and State supported programs; to persons in compliance with a judicial order, or pursuant to any lawfully issued subpoena; to a court in any legal actions initiated by the student against LMU, without a court order or subpoena to authorized Federal and state officials; to parents of a dependent student; to an alleged victim of any crime of violence; the final results of any disciplinary proceeding conducted by LMU respecting a student; and, to persons in an emergency in order to protect the health and safety of students or other persons. All of the exceptions are provided for and are permitted under FERPA.

Within the Loyola Marymount University community, only those school officials (faculty and staff members), individually or collectively, acting in the students’ educational interests are allowed access to student education records. These members include personnel in the Offices of the University Registrar, the Deans, the Controller, Admissions, Financial Aids and other personnel within the limitations of their need to know.

At its discretion, Loyola Marymount University may provide public or directory information in accordance with the provisions of FERPA to include: student name, address, telephone number, electronic mail address, date and place of birth, major field of study, dates of attendance, photographs or images of the student, degrees and awards received, the most recent previous educational agency or institution attended by the student, participation in officially recognized activities and sports, and height and weight of members of athletic teams.

Students may withhold directory information by filing a “Request to Prevent Disclosure of Directory Information” in the Office of the Registrar by the close of official registration. Requests for nondisclosure will be honored by the institution for only one semester; therefore an authorization to withhold directory information must be filed each semester in the Office of the Registrar.

The law provides students with the right to inspect and review information contained in their educational records, to challenge the contents of their educational records, to have a hearing if the outcome of the informal challenges is deemed unsatisfactory by the student, and to submit explanatory statements for inclusion in their files with the record challenged, if they feel the decisions of the hearing panels to be unacceptable. The University Registrar at Loyola Marymount University has been designated by the institution to coordinate the inspection and review the procedures for students’ educational records. Students wishing to review their educational records must make written requests to the University Registrar listing the item or items of interest. Only records covered by FERPA will be made available within forty-five days of the receipt of a request.