Family Education Rights and Privacy Act (FERPA) & Policy

FERPA stands for the "Family Education Rights and Privacy Act of 1974." This law protects the privacy of student education records. FERPA applies to all schools that received funds through an applicable program of the U.S. Department of Education.

• FERPA Authorization to Release Information Form (requires login): Form for students to authorize the release of non-directory information.
• Student Request to Restrict or Rescind Access to Directory Information Form: Form for students to restrict or rescind access to directory information. 

Saint Mary's College FERPA Policy

Family Educational Rights and Privacy Act of 1974

FERPA stands for the “Family Educational Rights and Privacy Act of 1974.” You might also hear it referred to as the “Buckley Amendment.” This law protects the privacy of student education records. FERPA applies to schools that receive funds through an applicable program of the U.S. Department of Education, and thus most colleges and universities are covered by FERPA.

FERPA defines the phrase “education records” broadly as records, files, documents, and other materials that: 1) contain information directly related to a student; and 2) are maintained by an educational institution or by a party acting for the institution. Education records may be maintained in paper, electronic, or other formats.

FERPA generally requires that education records be kept confidential. Records may be disclosed with the consent of the student, if the disclosure meets an exception authorized by FERPA or other applicable law, or if the disclosure is directory information and the student has not placed a restriction on the release of directory information.

At a postsecondary institution, FERPA rights belong to the student once the student begins attendance, regardless of the student’s age.

FERPA gives students the following rights:

A. The right to inspect and review the student’s education records

Students may inspect and review education records directly concerning them within forty-five (45) days of the day the College receives a request for access. Requests to inspect and review education records must be submitted in writing or through an authenticated electronic process using a submission method designated by the College. The request must identify the records the student wishes to inspect as specifically as possible.

Though students have the right to inspect and review their records, the College does not ordinarily provide copies of records when the records can reasonably be inspected. If circumstances effectively prevent a student from inspecting and reviewing the records, the College will provide copies or make another arrangement consistent with FERPA. The College may charge a reasonable fee for copies, provided that the fee does not effectively prevent the student from exercising the right to inspect and review the records.

The College does not ordinarily issue copies of records received from another institution or third party. Students seeking copies of such records should request them directly from the originating institution or organization.

There are certain records that students are not entitled to review, including: (i) financial records of parents; (ii) confidential letters and recommendations relating to admission, employment, and honors for which a valid waiver of the right of access has been signed by the student, provided that upon request the student is given the names of the persons writing the letters or recommendations; (iii) a physician’s, psychologist’s, or other appropriate professional’s treatment records, although a student may have such records reviewed by a physician or other appropriate professional of the student’s choice; and (iv) records of College personnel that are “sole possession records,” such as memory aids or personal notes used only by the person who created them and not made accessible or revealed to other persons, except a temporary substitute.

These examples are not intended to be exhaustive. Students are not entitled to inspect or review other records excluded from the definition of education records under FERPA or other applicable law.

Where a record contains information that concerns more than one student, a student requesting inspection may inspect, review, or be informed of only the information that pertains to that student.

The College will not destroy an education record while there is an outstanding request to inspect and review that record.

B. The right to request amendment of education records

Students may ask the College to amend a record that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. Requests must be submitted in writing or through an authenticated electronic process using a submission method designated by the College. The request must clearly identify the part of the record the student believes should be amended and explain why the information is believed to be inaccurate, misleading, or otherwise in violation of the student’s privacy rights.

Students also have the right to place in their education records a written statement concerning the content of the records if a request to make a change has been denied, as described below.

Please note that FERPA does not give a student the right to contest the substantive judgment reflected in a grade given in a course, but does give the student the right to seek correction of an improperly recorded grade. Challenges to the substantive basis of a grade must be pursued through the College’s applicable grade-appeal or academic-review procedures.

If the College decides not to amend the record as requested, it will notify the student of the decision and of the student’s right to request a hearing under FERPA.

If, after a hearing, the College determines that the record will not be amended, the student may place a written statement in the record commenting on the contested information or explaining why the student disagrees with the College’s decision. The statement will be maintained with the contested portion of the record for as long as that portion is maintained and disclosed whenever the contested portion is disclosed.

C. The right to consent to disclosures of personally identifiable information

Personally identifiable information contained in a student’s education records may not be disclosed without the student’s consent, except to the extent that FERPA or other applicable law authorizes or requires disclosure without consent.

One exception that permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official has a legitimate educational interest if the official needs to review an education record to fulfill an assigned professional responsibility on behalf of the College.

A school official is a person employed by the College in an administrative, supervisory, academic, research, or support-staff position, including Campus Safety personnel and health staff; a person serving on the Board of Trustees; a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing assigned duties; or a contractor, consultant, volunteer, or other outside party performing an institutional service or function on behalf of the College.

An outside party may be considered a school official when the party performs a service or function for which the College would otherwise use its own employees, is under the College’s direct control with respect to the use and maintenance of education records, and is subject to FERPA’s requirements governing the use and redisclosure of personally identifiable information.

School officials may access only those education records in which they have a legitimate educational interest. Employment by or association with the College does not, by itself, authorize access to all student education records.

In addition, the College may, but is not required to, disclose personally identifiable information from an education record of a student without consent if the disclosure meets one or more of the following conditions:

1. The disclosure is to officials of another educational institution in which the student seeks or intends to enroll, or in which the student is already enrolled, if the disclosure is related to the student’s enrollment or transfer and the applicable FERPA notice requirements have been satisfied. Upon request, the student will be provided with a copy of the records disclosed and an opportunity to seek amendment of the records.
2. The disclosure is to an authorized representative of the Comptroller General of the United States, the Attorney General of the United States, the U.S. Secretary of Education, or certain federal, state, or local educational authorities in connection with an audit, evaluation, compliance, or enforcement activity authorized by law.
3. The disclosure is in connection with financial aid for which the student has applied or which the student has received, when the information is necessary to determine eligibility, the amount or conditions of the aid, or to enforce the terms and conditions of the aid.
4. The disclosure is to state or local officials or authorities when specifically permitted by FERPA or other applicable law, including applicable state laws concerning the juvenile justice system.
5. The disclosure is to an organization conducting a study for or on behalf of the College for a purpose authorized by FERPA, pursuant to a written agreement that satisfies FERPA’s requirements, provided that the study is conducted in a manner that does not permit the personal identification of students by anyone other than authorized representatives of the organization and the information is destroyed when no longer needed for the purpose for which the study was conducted.
6. The disclosure is to accrediting organizations to carry out their accrediting functions.
7. The disclosure is to a parent of a dependent student, as defined in section 152 of the Internal Revenue Code. This exception permits, but does not require, the College to disclose information. The College may require documentation sufficient to establish the student’s dependent status.
8. The disclosure is made to comply with a judicial order or lawfully issued subpoena, and the College has made a reasonable effort to notify the student of the order or subpoena in advance of compliance so that the student may seek protective action, unless the issuing court or agency has ordered that the existence or contents of the subpoena or the information furnished in response not be disclosed, or another applicable legal exception permits disclosure without notice.
9. The disclosure is made to appropriate parties in connection with a health or safety emergency when the College determines, based on the totality of the circumstances, that there is an articulable and significant threat to the health or safety of the student or another individual and that the recipient’s knowledge of the information is necessary to protect against the threat.
10. The disclosure consists of information designated by the College as directory information, as described below, and the student has not placed a restriction on its release.

The foregoing examples are not intended to be exhaustive. The College may also disclose education records without consent in other circumstances expressly authorized or required by FERPA or other applicable law.

D. Disclosures pursuant to student consent

If an information request does not fit within one of the categories described above or another exception authorized by FERPA or applicable law, the College must obtain the student’s consent before disclosing personally identifiable information from the student’s education records.

The consent must be signed and dated by the student and must specify the records to be released, the purpose of the disclosure, and the party or class of parties to whom the disclosure may be made. A signed and dated consent may be provided electronically if the electronic process identifies and authenticates the student as the source of the consent and indicates the student’s approval of the information contained in the consent.

The purpose of the consent is to permit the student to have control over the disclosure of personally identifiable information in the student’s education records. The fact that a student signs a consent, whether specific or broadly worded, does not require the College to create a record that does not already exist or to release information beyond the records, recipients, and purposes identified in the consent.

The student or an authorized third party may provide the consent to the College. The College may verify the identity of the student or requester, the authenticity of the consent, and the scope of the authorization before releasing records.

FERPA imposes limitations on redisclosure by recipients of education records. A third party generally may use personally identifiable information only for the purpose for which the disclosure was made and may not redisclose the information without the student’s consent unless FERPA or other applicable law authorizes the redisclosure.

E. The right to file a complaint with the U.S. Department of Education

A student may file a complaint concerning the College’s alleged failure to comply with the requirements of FERPA. Before filing a complaint, students are encouraged, but not required, to raise their concerns with the College through its established procedures so that the matter may be reviewed and, where appropriate, resolved.

A complaint generally must be submitted within 180 days of the alleged violation or within 180 days after the student knew or reasonably should have known of the alleged violation.

Information regarding the complaint process is available from the U.S. Department of Education’s Student Privacy Policy Office (SPPO).

Directory Information

Material classified as “directory information” may be disclosed without the student’s prior consent, unless the student has requested that such information be withheld.

Directory information, as defined by the College, includes the following: the student’s name, photograph, dates of enrollment, enrollment status, degrees, certificates, and credentials received, awards and honors received, major fields of study, Saint Mary’s College email address, participation in officially recognized activities and sports, height and weight of student athletes, and the most recent previous educational institution attended by the student.

A student may request that any or all designated directory information be withheld by submitting the Student Request to Restrict Access to Directory Information form using the method designated by the College. A restriction on directory information remains in effect until rescinded by the student.

Judicial Orders, Subpoenas, and FERPA

The College may disclose student education records pursuant to a judicial order, lawfully issued subpoena, or other authority recognized by law. In some circumstances, the College may be prohibited from notifying the student of the request or the information disclosed in response.

This includes court orders issued in accordance with the USA PATRIOT Act and other applicable federal law.

The College will respond to judicial orders, subpoenas, and other lawful requests for student education records in accordance with applicable law and College procedures.