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Disclosure of Student Education Records and Directory Information

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Disclosure of Student Education Records and Directory Information

 

The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student educational records of both current and former students. Each NSHE institution is required to comply fully with the law. The Act makes a distinction between a student’s educa­tion record and information classified as Directory information. FERPA gives parents certain rights with respect to their children’s education records. These rights transfer solely to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are defined as “eligible students” in the Act.

Education Records: Institutions must have written permission from the eligible student in order to release any personally identifiable information from a student’s education record. However, under certain conditions FERPA allows institutions to disclose those records, without consent, to the following parties or under the following conditions:

  • School officials with legitimate educational interest.
  • Other schools to which a student is transferring.
  • Specified officials for audit or evaluation purposes.
  • Appropriate parties in connection with financial aid to a student.
  • Organizations conducting certain studies for or on behalf of the institution.
  • 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.
  • Accrediting organizations.
  • To comply with a judicial order or lawfully issued subpoena, provided that the institution makes a reasonable attempt to notify the student in advance of compliance.
  • Appropriate officials in cases of health and safety emergen­cies.
  • State and local authorities, within a juvenile justice system, pursuant to specific state law.

Directory Information: Under the provisions of FERPA, institutions may disclose, without consent, Directory information to individuals upon request for enrolled and former students of the institution only. A disclosure of Directory information is discretionary on the part of the institution. By Nevada Revised Statues 396.535, “If the student does not return the form indicating that his or her personally identifiable information must not be released or disclosed, then it is probable that the information will be released or disclosed.” Directory information is defined in the Act as information contained in an education record of a current or former student which would not generally be considered harmful or an invasion of privacy if disclosed. The Nevada System of Higher Education designates the following as Directory information for students: name; participation in officially recognized activities and sports; address; telephone number; weight and height of members of athletic teams; email address; degrees, honors, and awards received; major field of study; college; dates of attendance; dates of graduation; undergraduate or graduate status; most recent educational agency or institution attended; and enrollment status (full-time or part-time).

Disclosure of Student Records Opt Out Form

 

The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. These rights include:

  • The right to inspect and review the student’s education records within 45 days of the day the institution receives a request/or access. A student should submit to the Director of Admissions/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 institution 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 institution 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 to be inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
  • A student who wishes to ask the institution to amend a record should write the institution 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 institution decides not to amend the record as requested, the institution 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 institution discloses personally identifiable information from the student’s education records, except to the extent that FERPA authorizes disclosure without consent. The institution 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 institution 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 institution has contracted as its agent to provide a service instead of using institutional employees or officials (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 responsibilities for the institution.

Upon request, the institution also discloses education records without consent to officials of another school in which a student seeks or intends to enroll. The Nevada System of Higher Education has designated the following information as Directory information:

  • Name
  • Participation in officially recognized activities and sports
  • Address
  • Telephone number
  • Weight and height of members of athletic teams
  • Email address
  • Degrees, honors, and awards received
  • Major field of study
  • College
  • Dates of attendance
  • Date of graduation
  • Undergraduate or graduate status
  • Most recent educational agency or institution attended
  • Enrollment status (full-time or part-time)