Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act of 1974, otherwise known as FERPA, is a federal law that protects the privacy of your student education records.

At post-secondary institutions, all currently enrolled and former students (regardless of age) are protected by FERPA. Whether you are 15 or 55, under FERPA, we cannot answer questions or release information about you (grades, current classes, etc.) to your parents/families without your written permission.

When you turn 18 or enter a post-secondary institution at any age, FERPA awards you certain rights regarding your educational records. FERPA prevents college officials from disclosing personally identifiable information from your educational record without your written permission unless you approve disclosure by submitting a Consent to Release Information Form. The law applies to all schools that receive funds under an applicable U.S. Department of Education program, such as Federal Financial Aid. Institutions are responsible for ensuring that all their school officials comply with FERPA. FERPA regulations govern:

  • the release of education records
  • access to educational records

Information considered "directory information" can be disclosed without your written consent. Directory information that can be disclosed without your written consent includes: your name, address, telephone number, email address, major, full- or part-time status, and degrees, honors, and awards received.

FERPA INFORMATION FOR STUDENTS AND FAMILIES

The Family Educational Rights and Privacy Act (FERPA) prohibits the institution from disclosing student records, or information from those records, to anyone other than the student to whom the records pertain, unless the institution has the student’s consent. Refer to the FERPA webpage for more Information.

Consent to Release Information Form

Your personal information is safe. Manhattan Tech employees only have access to the information that they need to perform their function at the college. Each employee signs a confidentiality agreement before they are given access to your records. According to FERPA, employees must have a “legitimate educational interest” in the records they are accessing. This means that the employee must need access to specific records in order to perform their job responsibilities. Your grades must be protected while in the classroom. Faculty members cannot post grades by name, social security number, or student ID in a public place or an online forum to which other students have access. Faculty must not post grades in a manner that would allow one student to determine the grades of another.

Parents/families are encouraged to maintain an open dialogue with you on your academic progress and performance. Regardless of your age, we are unable to answer questions or release information about you (grades, current classes, etc.) to parents/families without your written permission. You can share your grades with a family member by logging in to your MATCOnline account or CANVAS to show your grades. Never share your username and password.

Information that is considered "directory information" can be disclosed without your written consent. Directory information that can be disclosed without your written consent includes:

  • your name
  • address
  • telephone number
  • email address
  • major/field of study
  • full- or part-time status
  • degrees, honors, and awards received

You may prevent the release of your directory information by making a request in writing to the Registrar's Office.

The Family Educational Rights and Privacy Act (FERPA) affords you, when you turn 18 years old or enter a post-secondary institution at any age, the following rights with respect to their education records:

  • The right to inspect and review your education records. To review records, students and former students may contact Student Records, present valid photo identification, and request in writing to review the record. Manhattan Tech will provide access to records within 45 days.
  • The right to request amendment of education records that you believe are inaccurate, misleading, or otherwise in violation of your privacy rights under FERPA. You may question information in your educational records that you believe to be incorrect or inaccurate. This request must be in writing and must be submitted to the Registrar. All requests for corrections will be acted upon within 30 work days of receipt of the request. If the Registrar can verify that such data is, in fact, in error, appropriate corrections will be made. You will be notified in writing when the correction has been completed. If an error cannot be readily substantiated, the request will be need to follow the college formal grievance procedures.
  • The right to consent to disclosures of personally identifiable information contained in your education records, except to the extent that FERPA authorizes disclosure without consent. Manhattan Tech has declared the following information to be “directory”: your name, address, telephone number, email address, major, full- or part-time status, and degrees, honors, and awards received. “Directory” information may be disclosed without your written consent. All other disclosures, except when permitted by FERPA, require your written consent.
    • One exception which permits disclosure without your consent is disclosure to school officials with legitimate educational interests. A school official has a legitimate educational interest if the official is performing a task that is specified in their position description or by a contract agreement, performing a task related to your education, or performing a task related to your discipline.
  • The right to file a complaint with the U.S. Department of Education concerning alleged failures by Manhattan Area Technical College to comply with the requirements of FERPA.

The name and address of the office that administers FERPA is:

Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202

If you have students in your class who are minors – including dual enrollment high school students – you still cannot share information about the students' progress (whether they are attending or passing) with their parents. At post-secondary institutions, any current or former student, regardless of age, is protected by FERPA regulations.

Release of Education Records

Per The Family Educational Rights and Privacy Act (FERPA), there are circumstances under which your education records and personally identifiable information (PII) may be accessed without your consent.

First, the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education or state and local education authorities may allow access to your records and PII without your consent to any third party designated by a federal or state authority to evaluate a federal-or state-supported education program or to researchers performing certain types of studies, even if the College objects to or does not request such research. Federal and state authorities must obtain certain use-restriction and data security promises from the entities that they authorize to receive your PII, but the authorities need not maintain direct control over such entities.

In addition, in connection with Statewide Longitudinal Data Systems, state authorities may collect, compile, permanently retain and share without your consent PII from your education records, and they may track your participation in education and other programs by linking such PII to other personal information about you that they obtain from other federal or state data sources, including workforce development, unemployment insurance, child welfare, juvenile justice, military service and migrant student records systems.

FERPA allows the institution the right to disclose education records or identifiable information to individuals/entities without your consent under the following circumstances:

  • Authorized representatives for audit of federal-or state-supported programs.
  • College officials carrying out their specifically assigned educational or administrative responsibilities. This includes contractors, consultants, volunteers and other outside providers used by Manhattan Area Technical College, including the Manhattan Area Technical College Foundation and the National Student Clearinghouse.
  • Veteran's Administration officials.
  • Officials of other institutions at which a student seeks or intends to enroll.
  • Persons or organizations providing financial aid to students.
  • Organizations conducting studies for, or on behalf of, educational agencies or institutions to develop, validate and administer predictive tests, to administer student aid programs or to improve instruction, provided that individual identity of students is not made.
  • Accrediting organizations carrying out their accrediting functions.
  • Parents of a student who have established that student's status as a dependent according to Internal Revenue Code of 1954, Section 152; in connection with a health and safety emergency in connection with § 99.36; or the student is under 21 and has violated a federal, state or local law or a policy of the college related to the use or possession of alcohol or a controlled substance.
  • Persons in compliance with a judicial order or a lawfully issued subpoena, provided that the institution makes a reasonable attempt to notify the student in advance of compliance. The institution is not required to notify the student if a federal grand jury subpoena, or any other subpoena issued for a law enforcement purpose, orders the institution not to disclose the existence or contents of the subpoena.
  • Persons in an emergency, if the knowledge of information, in fact, is necessary to protect the health or safety of students or other persons.
  • An alleged victim of a crime of violence of the results of any institutional disciplinary proceeding against the alleged perpetrator. Information may only be given in respect to the crime committed.
  • Outside contractor when identified as a "party acting for" the institution and performing a service which the institution would otherwise have to perform for itself (for example, the National Student Loan Clearinghouse for loan verification).
  • The attorney general of the United States or the attorney general's designee in response to an ex parte order in connection with the investigation or prosecution of terrorism crimes, under the US Patriot Act.

In addition, FERPA allows the following:

  • The return of an education record, or information from an education record, to the party identified as the provider or creator of the record.
  • The release of education record and PII information regarding a registered sex offender's enrollment or employment status, or any changes of such.
  • The release of education record and PII information to appropriate parties if the school determines that there is an articulable and significant threat to the health and safety to a student or other individuals.

Release of Disciplinary Information

Provisions of FERPA, as amended by the Higher Education Amendments of 1998, govern access to your disciplinary file. You and/or College officials who demonstrate a legitimate educational need for disciplinary information may have access to your disciplinary file. Parent(s) can have access to your disciplinary file without your written consent, even if you've requested otherwise.

In addition, parent(s) may be notified if you're under 21 years of age and are found responsible for a violation involving use or possession of alcohol and drugs.

The Campus Security Act permits higher education institutions to disclose to alleged victims of any crime of violence (e.g., murder, robbery, aggravated assault, burglary, motor vehicle theft) the results of the conduct proceedings conducted by the institution against an alleged perpetrator with respect to such crime. The Campus Security Act also requires that both accused and the accuser be informed of campus conduct proceedings involving a sexual assault.

Additionally, institutions are permitted to disclose the results of disciplinary cases in which a student has been found responsible for a violation involving violence or for a sex offense.


 

Contact

Registrar

Call:785-320-4544

Text: (785) 450-8339




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