The Family Educational Rights and Privacy Act (FERPA) of 1974, as amended (known as the Buckley Amendment), is a Federal law that requires an educational institution to maintain the confidentiality of student education records. Education records are any records with students’ names on them: files, documents, and materials, in whatever medium, which contain information directly related to students and from which students can be individually identified.
Students have the right to control disclosure of their education records, review information contained in their education records, challenge the contents of their education records, have a hearing if the outcome of the challenge is unsatisfactory, and submit explanatory statements for inclusion in their files. Such statements must be submitted to the Office of the Registrar.
What does the law mean when it says that students have the right to control disclosure of their education records?
It means that a student’s education records may be disclosed only with the student’s prior written consent. Your records will not be shared with anyone, without your consent, except in the exceptions noted in #5 below.
How do I give my written consent if I want my records disclosed to someone?
You send an email to the Registrar with the subject heading: FERPA Consent to Share Records. Your consent is only good for one year from the date sent. Consent will be filed in your student communication log.
What must my prior written consent contain?
Subject Heading: FERPA Consent to Share Records
- Specify the records to be released
- State the purpose of the disclosure
- Identify the party(ies) to whom disclosure may be made
- Be signed and dated by the student
Does “written consent” have to be collected on paper?
No. In recent years, the U.S. Department of Education has clarified that an electronic signature may substitute for a written one. In order to qualify as an electronic signature, appropriate authentication must occur. MCU’s access account satisfies the requirements for an electronic signature. Since students must log in to MCU’s e-mail system using their unique MCU log-in, an e-mail note from a student within the MCU messaging system satisfies FERPA’s written consent requirement. However because security measures for other e-mail systems are not as strict, an e-mail received from a Gmail, Yahoo mail, or AOL mail account, for example, would NOT qualify as written consent.
Are there any conditions under which student education records may be disclosed without the student’s consent?
Yes, FERPA does contain some exceptions to the written consent rule. Those exceptions allow disclosure without consent:
- To Midwives College of Utah (MCU) officials (including third parties under contract) with legitimate educational interests
- To comply with a judicial order or lawfully issued subpoena
- To appropriate parties in a health or safety emergency in order to protect the student or others
- To parents in cases of drug or alcohol violation when the student is under the age of 21
MCU may release the following directory information to the public on a routine basis unless students request, in writing, that MCU not release it. Forms to request that directory information not be released are available from the Office of the Registrar.
- Address (City and State only)
- E-mail address
- Major field of study
- Degrees, honors, and awards received including dates
- Participation in officially recognized activities
- Academic accomplishments
At the request of a student, a statement of confidentiality appears on the database in the student contact information. The confidentiality flag is honored whenever any lists for publication is produced from the database.
Notification of Rights under FERPA for Postsecondary Institutions
The Family Educational Rights and Privacy Act (FERPA) affords eligible students certain rights with respect to their education records. (An “eligible student” under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution.) These rights include:
- The right to inspect and review the student’s education records within 45 days after the day Midwives College of Utah receives a request for access. A student should submit to the registrar, dean, head of the academic department, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. The school official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the school official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
- The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
A student who wishes to ask the school to amend a record should write the school official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed.
If the school decides not to amend the record as requested, the school will notify the student in writing of the decision and the student’s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
- The right to provide written consent before the university discloses personally identifiable information (PII) from the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
The school discloses education records without a student’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 Midwives College of Utah in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance committee. A school official also may include a volunteer or contractor outside of Midwives College of Utah who performs an institutional service of function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for Midwives College of Utah.
Upon request, the school also discloses education records without consent to officials of another school in which a student seeks or intends to enroll.
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by Midwives College of Utah 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
See the list below of the disclosures that postsecondary institutions may make without consent.
FERPA permits the disclosure of PII from students’ education records, without consent of the student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, §99.32 of FERPA regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures. A postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student –
- To other school officials, including teachers and house mothers, within Midwives College of Utah whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) – (a)(1)(i)(B)(2) are met. (§99.31(a)(1))
- To officials of another school where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34. (§99.31(a)(2))
- To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the university’s State-supported education programs. Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§99.31(a)(3) and 99.35)
- In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§99.31(a)(4))
- To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§99.31(a)(6))
- To accrediting organizations to carry out their accrediting functions. ((§99.31(a)(7))
- To parents of an eligible student if the student is a dependent for IRS tax purposes. (§99.31(a)(8))
- To comply with a judicial order or lawfully issued subpoena. (§99.31(a)(9))
- To appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(a)(10))
- Information the school has designated as “directory information” under §99.37. (§99.31(a)(11))
- To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of §99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (§99.31(a)(13))
- To the general public, the final results of a disciplinary proceeding, subject to the requirements of §99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school’s rules or policies with respect to the allegation made against him or her. (§99.31(a)(14))
- To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a)(15))