Family Educational Rights and Privacy Act of 1974 Statement Of Compliance
1. General Policy: Under the Authority of the Family Educational Rights and Privacy Act of 1974, students have the right to examine certain files, records or documents which are maintained by the school pertaining to them. The school must permit students to examine such records within forty-five days after submission of a written request and to obtain copies of such records upon payment of the cost of reproduction.
Students may request the school to amend their education records on the grounds that they are inaccurate, misleading or in violation of their right of privacy. In the event that the school refuses to so amend the records, students may, after complying with the Monroe Complaint Procedure, request a hearing.
2. Education Records: Education records are all files, records or documents that contain information directly related to the students. Examples include student placement and financial aid files. Such records are maintained by and are in custody of the school. The only persons allowed access to such records are those who have a legitimate administrative or educational interest.
3. Exemptions: The following items are exempt from the Act:
a. Parents’ Confidential Statement, Financial Need Analysis Report, Federal Grants, Student Eligibility Report.
b. Confidential letters of recommendation received after 1974. The Act permits students to waive their right of access if the letters are related to admissions, employment, or honors.
c. Records about students made by teachers or administrators are maintained by and accessible only to them.
d. School security records.
e. Employment records for school employees who are not also current students.
f. Records compiled or maintained by physicians, psychiatrists, psychologists, or other recognized professional or para-professionals acting or assisting in such capacities, for treatment purposes and which are available only to the persons providing the treatment.
4. Review of Records: It is the policy of the school to monitor educational records to insure that they do not contain information that is inaccurate, misleading or otherwise inappropriate. The school may destroy records that are no longer useful or pertinent to the students’ circumstances.
5. Directory Information: Directory information is that information that may be unconditionally released without the consent of the student unless the student has specifically requested that the information not be released. The college requires that such requests be made in writing to the Office of the Registrar within 15 days after students start class. Directory information includes: student’s name, address(es), telephone number(s), date and place of birth, course of study, extra-curricular activities, degrees and awards received, last school attended, post-graduation employer(s), academic awards or equivalent, and dates of attendance.
6. Access without Student Consent: The college may release student information without the student’s written consent to:
a. Other schools which have legitimate interests,
b. Other schools where students have applied for admission. In this case, students must be advised that the records are being sent and that they may receive a copy,
c. Authorized representatives of the Department of Education, Office of Inspector General of the United States, or state and local education authorities as part of an audit or program review process,
d. Attorney General of the United States or his designee in response to an ex parte order in connection with the investigation of a crime of terrorism,
e. Accrediting agencies,
f. Parents of students who are dependents for purposes of the Internal Revenue Code. However, the school is not required to release such records,
g. Appropriate persons or agencies in connection with student applications for, or receipt of, financial aid, i.e., Bureau of Citizenship and Immigration Services,
h. Courts, in compliance with a court order or subpoena with appropriate notification to the student, unless it is an ex parte order that does not require student notification,
i. Appropriate persons or agencies in the event of a health or safety emergency, where such release without consent is necessary under the circumstances. In all other cases, the school shall obtain the written consent of the student prior to releasing such information to any person or organization.
1. What is FERPA?
The Family Educational Rights and Privacy Act of 1974 protects the confidentiality of student records. FERPA governs (1) the release of educational records maintained by the college and (2) access to these records.
FERPA Release Form
2. Who is protected under FERPA?
Students who are currently enrolled in Monroe College or formerly enrolled regardless of their age or status in regard to parental dependency. Parents of students termed "dependent" for income tax purposes may have access to the student's educational records. The College does not permit the release of education information of deceased students for 25 years after their death unless authorized by the executor/executrix of the deceased student's estate or parents, or next of kin, if an executor/executrix has not been appointed.
3. What are the rights of a student under the Family Education Rights and Privacy Act?
The right to inspect and review the student's education records within 45 days of the day that the College receives a request for access Students should submit to the Office of the Registrar, written requests that identify the records they wish to inspect. The College 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 College 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 are inaccurate or misleading Students may ask the College to amend a record that they believe is inaccurate or misleading. They should write the College official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the College decides not to amend the record as requested by the student, the College will notify the student of the decision and advise the student of his or her 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 consent to disclosure of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent
One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the College in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the College has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Regents; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting 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 responsibility. Upon request the College 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 Monroe College 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
600 Independence Avenue, SW.
Washington, D.C. 20202-4605
4. What are Educational Records?
Educational records are those records, files, documents or other materials which contain information directly related to a student and that are maintained by any employee or an agent of the college.
Educational Records DO NOT Include:
Records made by college personnel that are the sole possession of the maker and not revealed to any other person
Records maintained by the College Police for law enforcement purposes.
Counseling and medical records.
Alumni records.
Employment records relating to an individual who is employed by the college not as a result of their status as a student.
Records of individuals who have applied to the college, but have not attended.
Directory information
5. What does FERPA say about the rights of parents regarding student records?
At the Post-secondary level, parents have no inherent rights to inspect a student's education records. The right to inspect is limited solely to the student. Records may be released to parents only if one of the following conditions has been met:
- through the written consent of the student.
- in compliance with a subpoena.
- in connection with some health or safety issues.
- By submission of evidence that the parent declare the student as a dependent on their most recent Federal Income Tax form.
Monroe College is not required to disclose information from the
student's education records to any parent of a dependent student.
However, it may exercise its discretion to do so.
6. At Monroe College, what is considered Directory Information? How can a student request that directory information be withheld?
The following items are designated "Directory Information" and may be released at the discretion of Monroe College. Students may request that directory information not be disclosed by completing an "Authorization to Withhold Directory Information" form and returning it to the Office of the Registrar or the Office of Student Affairs. Please consider carefully the consequences of this decision. Should you decide not to release any of the information; any request for such information from Monroe College will be refused.
- Name
- Address (local, home and email)
- Telephone
- Dates of Attendance
- Enrollment Status
- Date and Place of Birth
- Class
- Major
- Awards
- Honors
- Degrees conferred
- Past and present participation in officially recognized sports and non-curricular activities
- Physical factors (height, weight) of athletes
- Previous educational institutions most recently attended
7. What are some of the circumstances in which personally identifiable information will be disclosed by the College?
- Prior consent of student
- To authorized representatives of the following government entities:
-Comptroller General of the United States
- Secretary of Education
- U.S. Attorney General for law enforcement purpose - To agents acting on behalf of the institution (e.g. National Student Clearinghouses)
- To parents of a dependent student
- To comply with a judicial order or subpoen
- "Student Recruiting Information" to military recruiters for recruiting purposes only (Solomon Amendment). Student recruiting information is name, address, telephone listing, age (or year of birth), level of education, and majo
- To authorized representatives of the Department of Veterans Affairs for students receiving educational assistance from the agency
8. What are the steps for students wishing to release information to their parents on a one-time basis only/or permanent basis?
Students wishing to grant permission for release of student records to parents on a one-time or permanent basis must complete the appropriate form. See approved forms by visiting the links below:
Family Policy Compliance Office
Office of Post Secondary Education
FERPA for Students
FERPA for Parents