Student Rights: FAQ for Students and Parents

The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education records. When a student turns 18 years old, or enters a postsecondary institution at any age, the rights under FERPA transfer from the parents to the student (“eligible student”). The FERPA statute is found at 20 U.S.C. § 1232g and the FERPA regulations are found at 34 CFR Part 99.

"Education records" are records that 1) Contain information that is directly related to a student, and 2) Are maintained by an education agency or institution or by a party acting for the agency or institution. Examples of Education Records are: student's transcript, their GPA, their class schedule, attendance information, financial aid information, etc.

An “eligible student” means a student who has reached the age of 18 or who is attending a postsecondary institution at any age.  Once a student becomes an “eligible student,” the rights afforded his or her parents under FERPA transfer to that student.

The following records are not "education records", for the purpose of FERPA:

• Records that are kept in the sole possession of the maker for use as a memory aid and not shared with others are not considered educational records.
• Public Safety records maintained and used only for law enforcement purposes.
• Employment records that relate exclusively to an individual's employment capacity.
• Medical and psychological records made, maintained, or used only in connection with the treatment of the student.
• Post-attendance records (alumni records).

• Right to inspect and review their education records.*
• Right to request amendment of their education records.
• Right to have some control over the disclosure of information from education records.
• Right to file with the U.S. Department of Education a complaint concerning alleged failures by the College to comply with the requirements of FERPA.

* Limitations exist on student's rights to inspect and review their educational records. The institution is not required to permit students to inspect and review the following:

• Financial information submitted by parents;
• Confidential recommendation letters placed in their files prior to January 1, 1975, provided these letters were collected under the established policies of confidentiality and were used only for the purposes for which they were specifically collected;
• Confidential recommendation letters, placed in the records after January 1, 1975, regarding which the student has waived their right to inspect and review and that are related to the student's admission, application for employment or job placement or receipt of honors; and
• Finally, students must not be permitted to view their education records if they contain information about another student, however, in such cases the institution must permit access to that part of the record which pertains only to the inquiring student while redacting the information pertaining to another student.

Nassau Community College is required to notify parents and eligible students about their rights under FERPA. Section 99.7 of the FERPA regulations sets forth the requirements for the notification and there is a model notification on this Web site.

Schools do not have to individually notify parents and eligible students but do have to notify them by any means that are reasonably likely to inform the parents or eligible students of their rights.

At the post-secondary level, parents have no inherent rights to inspect a student's education record. The right to inspect is limited solely to the student. Parents may gain access to non-directory information (grades, GPA, etc.) only if they obtain consent from the student.

As noted above, the rights under FERPA transfer from the parents to the student, once the student turns 18 years old or enters a postsecondary institution at any age. However, although the rights under FERPA have now transferred to the student, a school may disclose information from an "eligible student's" education records to the parents of the student, without the student's consent, if the student is a dependent for tax purposes.

Neither the age of the student nor the parent's status as a custodial parent is relevant. If a student is claimed as a dependent by either parent for tax purposes, then either parent may have access under this provision. (34 CFR § 99.31(a)(8).)

Pursuant to FERPA, the College may disclose a student's education records without a student's written consent under certain conditions. These include, but are not limited to the following circumstances:

• Disclosure to Anyone, if the college has obtained the prior written consent of the student
• Disclosure to a school official who has a legitimate educational interest.
• Disclosure is to officials of another school in which a student seeks or intends to enroll, as long as the disclosure is for the purposes related to the student's transfer or enrollment in such institution.
• Disclosure to an education auditing or enforcing agency of a federal or state-supported program. Disclosure associated with eligibility for financial aid.
• Disclosure pursuant to a court order or subpoena. Disclosure is to parents of dependent students, as defined by the Internal Revenue Code of 1986, Section 152. (While FERPA permits disclosure of records to parents of dependent students without student consent, it does not require such disclosure. The parent must provide a copy of their most recent federal income tax return establishing the student's dependency. Full rights under the Act shall be given to either parent, unless the College has been provided with evidence that there is a court order, or other legally binding document relating to such matters as divorce, separation or custody that specifically revokes those rights.)
• Disclosure is to an alleged victim of a crime of violence or a non-forcible sex offense, when such disclosure is of the final results of any disciplinary proceedings conducted by the College against the alleged perpetrator of such crime or offense.
• Disclosure is to the student's parent about the student's violation of any Federal, State or local law, or any policy of the College which governs the use and possession of drugs or alcohol, but only if the student is under 21 years of age.
• Disclosure concerns sex offenders and other individuals required to register under section 170101 of the Violent Crime Control Law Enforcement Act of 1994.Disclosure that is necessary to protect the health or safety of the student or other persons.

In compliance with FERPA, Nassau Community College annually notifies students of the rights afforded to them under FERPA. This notification is also available on the College Catalog Website and is distributed to students via email.

U.S. Dept. of Education, Family Policy Compliance Office at http://www.ed.gov/policy/gen/guid/fpco/index.html

FERPA defines "directory information" as information contained in the education records of a student that would not generally be considered harmful or an invasion of privacy if disclosed. At Nassau Community College "directory information" includes information such as name, address, enrollment status, students ID number, major field of study, degrees being pursued, dates of attendance, photographs, participation in officially recognized activities and sports, and degrees, honors and awards received.

A school may disclose "directory information" to third parties without consent if it has given public notice of the types of information which it has designated as "directory information," the parent's or eligible student's right to restrict the disclosure of such information, and the period of time within which a parent or eligible student has to notify the school in writing that he or she does not want any or all of those types of information designated as "directory information."

The means of notification could include publication in various sources, including a newsletter, in a local newspaper, or in the student handbook. The school could also include the "directory information" notification as part of the general notification of rights under FERPA. The school does not have to notify a parent or eligible student individually. (34 CFR § 99.37.)

 

If the student is a dependent for income tax purposes, the institution may disclose any education records, including financial records to a student's parents. If the student is not a dependent, then the student must generally provide consent for the school to disclose the information to the parents.

FERPA applies to educational agencies or institutions that receive funds from programs administered by the U.S. Department of Education.  By “educational agencies or institutions” we mean public schools, school districts (or “local educational agencies” (LEAs)), and postsecondary institutions, such as colleges and universities.  Private and parochial schools at the elementary and secondary level generally do not receive such funding and are, therefore, not subject to FERPA. 

If a student is attending a postsecondary institution - at any age - the rights under FERPA have transferred to the student. However, in a situation where a student is enrolled in both a high school and a postsecondary institution, the two schools may exchange information on that student.

If the student is under 18, the parents still retain the rights under FERPA at the high school and may inspect and review any records sent by the postsecondary institution to the high school.

Yes, if the student is under the age of 21 at the time of the disclosure. FERPA was amended in 1998 to allow such disclosures. See § 99.31(a)15 of the FERPA regulations. Also, if the student is a "dependent student" as defined in FERPA, the institution may disclosure such information, regardless of the age of the student.

No, spouses of eligible students have no rights under FERPA.  Before an education institution discloses information from a student’s education records to his or her spouse, the student would have to provide written consent.

Education records of former students, including deceased former students, are kept confidential by Nassau Community College. Education records of deceased former students may be released or disclosed, upon written request, to a spouse, a parent, the executor of the estate, a surviving child or descendant, a surviving sibling, or pursuant to a court order or lawfully issued subpoena. Only the Offices of the Registrar and the General Counsel may release the educational records of deceased students. Additional information for making a request is available at the Registrar's Office or the FERPA Page of our website.

No.  Under FERPA, a student may not use his or her right to opt out of directory information disclosures to prevent school officials from identifying the student by name or disclosing the student’s electronic identifier or institutional e-mail address in class.

FERPA permits a college or university to let parents of students under the age of 21 know when the student has violated any law or policy concerning the use or possession of alcohol or a controlled substance.

No, a school is required to honor the eligible student’s request to opt out of the disclosure of directory information made while the student was in attendance unless the student rescinds the opt-out request.

Yes.  FERPA states a school may disclose education records, without parental consent (§ 99.31(a)(2)), to another school in which a student seeks or intends to enroll, subject to conditions set forth in § 99.34.  This exception to FERPA’s general consent requirement also permits a school to disclose education records when a student is being placed in a juvenile justice facility that is considered a school.