FERPA FAQ's

What is FERPA (Family Education Rights and Privacy Act)?

The Family Educational Rights and Privacy Act is a federal law regarding the privacy of student records and the institution's obligations, primarily in the areas of release of the records and the access provided to these records. Any educational institution that receives funds under any program administered by the U.S. Secretary of Education is bound by FERPA requirements. Institutions that fail to comply with FERPA may have funds administered by the Secretary of Education withheld.

Why should I care about FERPA?

If you are an employee of Manhattan Tech with access to student education records, you must comply with FERPA and protect those records according to the law.

What are education records?

Education records are directly related to a student and maintained by an institution, its agent, or a party acting for the institution or agency. Education records can exist in any medium, including email, computer files, computer screen displays, paper documents, printouts, tapes, disks, film, and microfilm/microfiche, among others. Education records include graded papers, exams, transcripts, and notes from a conversation with or about a student placed in a student’s file for others in the department to reference. Education records DO NOT INCLUDE such things as:

• sole possession records, i.e., records/notes in sole possession of the maker, used only as a personal memory aid and not revealed or accessible to any other person
• peer-graded papers before the instructor has collected them
• medical treatment records that include--but are not limited to--records maintained by physicians, psychiatrists, and psychologists
• employment records unless the employment is based on student status
• law enforcement unit records
• alumni records

Are my admission application materials considered education records?

FERPA allows admitted students who matriculate at the college to access their education records. Persons who are admitted to the college but do not matriculate are not covered by FERPA.

What is personally identifiable information?

According to FERPA, personally identifiable information in an education record may not be released without prior written consent from the student. Some examples of information that MAY NOT BE RELEASED without prior written consent of the student include:

• social security number
• grades/exam scores
• grade point average (GPA)
• current class schedule
• parent name and address
• race/ethnicity
• gender
• country of citizenship
• religious affiliation
• disciplinary status
• class attendance
• marital status
• test scores (e.g., ACT, Accuplacer, etc.)

The college will not release personally identifiable information from a student's education record without the student's prior written consent. Parents are not permitted access to their son or daughter's education records unless the student has provided written authorization. Exceptions are noted in the College's annual notification of FERPA rights.

Are there exceptions to the disclosure requirements of FERPA?

Yes. These exceptions include, but are not limited to, the following examples:

• Disclosure to school officials with legitimate educational interests. A “school official” is a person employed by the college in an administrative, supervisory, academic, or support staff position; contractors, consultants, and other outside service providers with whom the college has contracted; a member of the Board; or a student serving another school official in performing his or her tasks (work-study). A school official has a legitimate educational interest if the official needs to review an education record to fulfill his or her professional responsibility.
• To parents if the student is a dependent for tax purposes.
• To appropriate individuals (e.g., parents/guardians, spouses, health care personnel, police, etc.) where disclosure is in connection with a health or safety emergency and knowledge of such information is necessary to protect the health or safety of the student or other individuals.
• Information to a parent or legal guardian of a student regarding the student’s violation of any federal, state, or local law or of any rule or policy of the institution governing the use or possession of alcohol or a controlled substance if the college has determined that the student has committed a disciplinary violation with respect to the use or possession and the student, is under the age of twenty-one at the time of the disclosure to the parent/guardian.
• Disclosure to comply with a judicial order or lawfully issued subpoena.
• Disclosure to various authorized representatives of government entities (audits or evaluation of programs; compliance with SEVIS, Solomon Amendment, etc.).

What constitutes “legitimate educational interest”?

FERPA permits college employees to have access to student education records in which they have a “legitimate educational interest.” Such access does not require the student's prior written consent. Legitimate educational interest is considered necessary for employees to carry out their job responsibilities in support of Vanderbilt’s educational mission. Important points pertaining to “legitimate educational interest:”

• Curiosity is not a legitimate educational interest. Access to student education records does not equate to a license to access them out of curiosity.
• Employment by Manhattan Tech does not constitute legitimate educational interest. Accessing student education records must be related to your job responsibilities in support of the College's educational mission.
• Legitimate educational interest is limited to the specific record(s) you need to access to carry out your job duties. Access to education records does not authorize unrestricted use.

What is directory or public information?

FERPA allows the college to designate certain student information as “directory information.” Directory information may be made available to any person without the student’s consent unless the student gives notice as provided below. Manhattan Tech has designated the following as directory information: the student’s name, address, telephone number, email address, major field of study and classification, full-time or part-time status, and degrees, awards, and honors received.

How can the release of directory information be restricted?

Any newly entering or currently enrolled student who does not wish to disclose directory information should notify the Registrar by completing a nondisclosure form. No element of directory information as defined above is released for students who request nondisclosure except in situations allowed by law. The request to withhold directory information will remain in effect until the student withdraws the request with the Registrar to discontinue the withholding.

Is Manhattan Tech required to release a student’s directory information?

No. The only required disclosure of education records is to the student. All other disclosures, including those with student consent and disclosures of directory information, are at the institution's discretion or within the scope of legal requirements.

What is the annual notification to students?

Manhattan Tech provides the Annual Notification of Student Rights under FERPA to all enrolled students on or after the census date each semester to inform them of their rights to:

• inspect and review their education records (within 45 days of a request);
• request an amendment to their education records;
• request a hearing if the request for an amendment is unsatisfactory;
• request that the institution not disclose their directory information;
• file a complaint with the U.S. Department of Education.

Is it okay to send FERPA-protected data via email?

FERPA-protected data should never be sent via email, as this is not a secure method of transmitting sensitive data. Restricted information such as grades, GPA, or personally identifiable information such as Social Security numbers should never be sent through email. Please do not forward or reply to emails containing sensitive data without removing such data before transmission. Consider using OneDrive if you need to transmit student education records electronically.