Family Educational Rights and Privacy Act (FERPA) – Student Record Privacy Statement

Scope

The Family Educational Rights and Privacy Act of 1974 (“FERPA”) is a federal statute providing students at the University of Rochester (the “University”) with certain rights concerning their “education records.”

Compliance with this policy is required. Violations may result in disciplinary, corrective, or administrative action consistent with the University’s Code of Conduct and applicable policies, up to and including termination of employment, revocation of access or privileges, termination of agreements or relationships with the University, or other appropriate action.

Policy Details

Generally, under FERPA, students have the right to: (1) consent to the University’s disclosure of their education records, or personally identifiable information contained in their education records, except to the extent that FERPA authorizes disclosure without prior consent; (2) inspect and review their own education records; and (3) seek amendment of their own education records that the student believes to be inaccurate, misleading, or otherwise in violation of the student’s privacy rights. As addressed further below, the University fully complies with the statutory provisions of FERPA, 20 U.S.C. 1232g, as well as FERPA’s implementing regulations, 34 C.F.R. Part 99.

Students concerned with the University’s compliance with FERPA have the right to file complaints with the U.S. Department of Education’s Family Policy Compliance Office.

I. Disclosure of a Student’s Education Records

Under FERPA, a student’s “education records” are records, files, documents, and other materials that contain information directly related to a student and that are maintained by the University or by a person acting for the University. Generally, FERPA precludes the University from disclosing a student’s education records, or personally identifiable information contained within an education record, to anyone other than the student, unless the student provides a written consent permitting the disclosure.

Certain exceptions exist to this general rule, though, which permits the University to disclose education records without a student’s prior written consent, depending on the circumstances. Each of these exceptions is laid out in FERPA’s implementing regulations at 34 C.F.R. § 99.31.

For example, the University does not need a student’s prior written consent to disclose education records to school officials with legitimate educational interests in the information, as determined by the administrator responsible for the file. The University defines a “school official” as anyone employed by the University in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); retired/emeritus faculty or staff; any person or company acting on behalf of the University (such as an attorney, auditor, or collection agent); any member of the Board of Trustees or other governance/advisory body; and any student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. And a school official has a legitimate educational interest in an education record if the official needs to review that information to fulfill his or her professional responsibility.

In addition, the University may provide a student’s education records to other educational agencies or institutions that have requested the information, and in which the student seeks or intends to enroll or is already enrolled, so long as the disclosure is for purposes related to the student’s enrollment or transfer. And the University can disclose information to the parents of a dependent student without the student’s prior written consent.

The University may also disclose, without prior written consent, information from a student’s education record that it has designated as “directory information.” The University considers the following types of information to be directory information for purposes of FERPA: the student’s name, University ID number, campus address, e-mail address, home address, telephone number(s), date and place of birth, academic fields of study, current enrollment (full or part time), dates of attendance, photographs, participation in officially recognized activities and sports, degrees and awards received, weight and height of athletic team members, previous educational agencies or institutions attended, and other similar information. The University may disclose, publicize, or respond to requests for such information at its discretion, unless the student indicates otherwise in his/her privacy settings in the Student Information System (UR Student), which the student has the right to do. Students may rescind their no-release request at any time through UR Student. Moreover, the use of this information for commercial or political purposes is prohibited unless approved by the appropriate dean.

II. Procedure to Inspect and Review a Student’s Education Records

Under FERPA, students also have, with certain limited exceptions, the right to inspect and review their own education records. A student’s request to inspect or review their own education records should be submitted in writing to the Office of the University Registrar, and the request should identify the record(s) they wish to inspect or review. If the records are not maintained by the Office of the University Registrar, that office may refer the student to the correct University official to whom the request should be addressed. Such requests will be honored within 45 days of when the University receives the request.

III. Procedure to Request Amendment of a Student’s Education Records

FERPA also gives students the right to request that the University amend their own education records, if the student believes the education records contain information that is inaccurate, misleading, or in violation of the student’s rights of privacy. Any student who seeks to amend their education record on these grounds must state their objection in writing to the Office of the University Registrar. Objections should be clearly outlined and specify the basis and reasoning behind the student’s request for amendment. The University will decide whether to amend the student’s record as requested within a reasonable amount of time after receiving the request, but generally within 45 days of receiving a student’s objections. If the University decides not to amend the record as requested by the student, the University will notify the student of the decision and advise them of their right to a hearing to challenge the content of their education record under 34 C.F.R. § 99.21. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.