Family Educational Rights & Privacy Act (Ferpa) Waiver (Page 2 of 2) in pdf

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FERPA Frequently Asked Questions

What is FERPA?

The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents/families/guardians the

right to have access to the student’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 parent/guardian 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.

How am I informed about my rights under FERPA?

Educational agencies and institutions are 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.

Under what circumstances may a school disclose information from education records without consent?

There are several exceptions to FERPA’s general prior consent rule that are set forth in the statute and the

regulations. See § 99.31 of the FERPA regulations. One exception is the disclosure of “directory information”.

What is “Directory Information”?

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. The university has designated the following

items as “directory information”: a student’s name, electronic mail address, local and permanent mailing addresses,

telephone numbers, date and place of birth, major and minor fields of study, dates of attendance, enrollment status

(full or part time), certificates, degrees, honors and awards received (including scholarships), date of actual or

expected graduation, previous educational institution attended, participation in officially recognized activities and

sports sponsored by the university, weight and height of athletic team members.

If I am a parent of a university student, do I have the right to see my student’s education records, especially

if I pay the bill?

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. The university will not disclose information to a third party

without the consent of the student.

May a postsecondary institution disclose to a parent, without the student’s consent, information regarding a

student’s violation of the use or possession of alcohol or a controlled substance?

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.

Is this waiver acceptable for my entire tenure at Salem State University?

Yes, this waiver is valid as long as the student is a Salem State student. Upon separation from the university, this

waiver is canceled.

Please Initial: ________________

Student ID#: ________________

Updated 03/06/12

Family Educational Rights & Privacy Act (Ferpa) Waiver Page 2

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