FERPA

Right to inspect/review:

A student has a right to inspect and review any education record to which he or she is permitted under this policy. Education records are maintained in a number of University offices. Requests to review records must be made in writing to the responsible official of each office which maintains the records who shall comply with the request within 45 days upon receipt.

The University reserves the right to refuse to permit a student to inspect the following records:

• Records that contain information on more than one student. A student may inspect only that information which relates to him/her.
• Financial records of the student’s parents.
  Confidential letters and statements of recommendation for which the student has waived his or her right of inspection and review.
• Records connected with an application to attend the University or a component unit of the University if that application was denied.
  Those records which are excluded from the FERPA definition of education records.

Right to challenge the content of education records:

A student who wishes to challenge the content of the educational record may do so by submitting a written request to the official responsible for maintaining the record, with such request specifying the content being challenged, the grounds for the challenge, and the exact action being sought. If the official grants the request, the change(s) will be made. If the request is denied, the student will be informed and will be given the opportunity to add an explanation to the record and/or appeal the official’s decision pursuant to the NSU Grievance Procedure.

Right to have some control over the disclosure of information from education records:

This includes the student’s right to prevent the disclosure of directory information.

Right to file a complaint:

Students have the right to file a complaint with the U.S. Department of Education if the student believes that the University has failed to comply with the requirements of FERPA. The complaint must be made within 180 days of when the infraction was discovered, and there must be sufficient evidence to prove the violation. The written complaint should be sent to: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202-5920.

The following items are considered “directory information” at NSU. Directory information may be released without the written consent of the student, unless the student has filed a Request to Withhold Directory Information. An institution may not disclose or confirm directory information without the student’s written consent if the student’s social security number or other non-directory information is used alone or combined with other data elements to identify the student.

• Student’s name, mailing address, and telephone number
• Date of birth
• Classification and enrollment status
• Major field of study
• Dates of attendance at Northeastern State University (i.e. an academic year, a spring semester, or a first quarter)
• Most recent previous school attended
• Degrees, honors and awards received
• Participation in officially recognized activities and sports
• Weight and height of athletic team members
• E-mail address assigned/provided by the institution or provided to the university by the student

Students may complete and submit to the Office of the Registrar a Request to Withhold Directory Information. Such a hold is called a confidentiality indicator. Students should consider all aspects of a directory information hold prior to filing such a request. This request will prevent NSU from releasing any directory information, and any requests for such information from non-institutional persons or organizations will be refused (i.e., your name will not appear in the commencement program, we will not be able to confirm your degree to a prospective employer, your name will not be provided to honor societies that wish to invite you to join, etc.).

Requests for non-disclosure that were made while a student was in attendance continue to be honored, even after the student leaves the University, unless the request is revoked by the student (or former student).To revoke a directory hold, students may complete and submit a Revocation of Request to Withhold Directory Information.

Note to Faculty: If a student has a confidentiality indicator, a special screen will appear in Banner when that student’s record is accessed. This screen indicates that information release is restricted at the request of the student. Banner self-service class rolls (class lists) and advisee lists also include designations for students who have confidentiality indicators. No information may be released about that student, including whether or not the individual is a student at NSU.

Faculty members are normally considered “school officials.” Under FERPA, school officials may obtain access to only those education records in which they have legitimate educational interests. “Legitimate educational interest” is defined as an interest which results from the duties officially assigned to a school official and which are related to such a school official’s responsibility for facilitating the student’s development. In other words, a faculty member should only access those student education records that are needed to perform his or her job as an official of the university. Any other access is a violation of FERPA.

Many fraternities and sororities maintain scholarship committees, academic excellence awards, and related types of activities that are based upon personally identifiable information. However, fraternity and sorority members in charge of these activities are not “university officials” and may not have access to student record information, unless the student has provided written authorization.

As a faculty member, you may be asked to write a letter of recommendation on behalf of a student. If the letter includes information that falls within FERPA’s definition of educational records, such as grade point average or other non-directory indicators, the student’s written consent to disclose this information would be necessary. Unless the student has waived the right of access to the letter, he or she would have the right to read it, because it is part of the student's educational record. The written release from the student should: (1) specify the records that may be disclosed; (2) state the purpose of the disclosure; and (3) identify the party or class of parties to whom disclosure may be made. Statements in a recommendation that are based on the faculty member’s personal observations about a student do not require a written release from the student.

At the elementary and secondary school level, FERPA gives parents the right to access education records. When a student reaches 18 years of age or is attending an institution of post-secondary education, FERPA rights transfer from parent to student. Therefore, at the postsecondary level, parents have no inherent rights to access their son’s or daughter’s education records.

Information such as a student’s enrollment in a course, class attendance, or progress/grades in a course is personally identifiable information that constitutes part of the student’s education record that is protected under FERPA. Parents may not have access unless the student has provided written authorization.

Even if no specific information can be released about a student, faculty members may be able to assist parents by providing general information that does not violate FERPA. Course requirements, a copy of the course syllabus and other similar information may be helpful.

The public posting of grades by the student’s name, student id (N Number), or social security number, without the student’s written permission, is a violation of FERPA. If necessary, instructors can assign students unique numbers or codes that can be used to post grades, but the order of the posting must not be alphabetic. Students may access mid-term grades and final course grades on Blackboard and/or goNSU soon after they are posted by faculty.

Leaving personally identifiable, graded papers (exams, homework, etc.) unattended for students to view is a form of publicly posting grades. If these papers contain personally identifiable information,then leaving them unattended for anyone to see is a violation of FERPA. If papers cannot be returned personally and individually during class, an alternative would be to leave the graded papers with an assistant who would ask students for proper identification prior to releasing them.

At NSU, subpoenas for student education records are generally directed to the Office of the Registrar, Office of Student Affairs, or other office responsible for maintaining the specific records that are requested. Legal Counsel is consulted when a subpoena is received.

FERPA protects the privacy of education records. As a faculty member you have a responsibility to protect educational records in your possession. You may not disclose personally identifiable information about students or permit inspection of their records without written permission from the student, unless such action is covered by certain exceptions permitted by FERPA. Information that is defined as “directory information” may be released without student consent unless the student has directed the university to withhold such information. If such a hold is in place (called a “confidentiality indicator”), then no information may be released about that student, including no verification whether or not the individual is a student at NSU. If a student has asked this information be withheld, a screen will appear in Banner when that student’s record is accessed. This screen indicates that information released is restricted at the request of the student. Banner self-service class rolls (class lists) and advisee lists also include designations for students who have a confidentiality indicator.

The Office of the Registrar handles most requests for directory information from entities outside of NSU.

University officials may request student record information through the Office of the Registrar. Protection of student privacy is crucial, and the consequences of mishandling of student information are significant. When in doubt, do not release student information—consult your department head, college administrators, the Office of the Registrar, or Vice President for Student Affairs Office.

At the elementary and secondary school level, FERPA gives parents the right to access education records. When a student reaches 18 years of age or is attending an institution of post-secondary education, FERPA rights transfer from parent to student. Therefore, at the postsecondary level, parents have no inherent rights to inspect their son’s or daughter’s education records.

Information regarding education records is best obtained by direct communication between the parent and the student. If desired, students can obtain grades, class schedule, billing, and other information online and provide a copy to their parents. Students may review their personal record by logging in to their goNSU account. Students may consent to release their education records to parents, legal guardians, or other individuals by completing the Consent to Release Student Records form (pdf) in Student Affairs office, Office of the Registrar, or appropriate Vice President. Such consent should be given in a non coercive environment. The Consent to Release Student Records form (pdf) is used on a case by case basis.

Parents of a dependent student may challenge denial of access to educational records by providing to the Registrar’s Office evidence that they declare the student as a dependent on their most recent Federal Income Tax form (Form 1040).

In addition, parent(s) may be notified if a student under 21 years of age is found responsible for a violation involving use or possession of alcohol and drugs. FERPA regulations allow, but do not require, higher education institutions to provide notice to parents when a student violates federal, state, or local laws related to alcohol or drugs.

If non-directory information is needed to resolve a crisis or emergency situation, an education institution may release that information if the institution determines that the information is necessary to protect the health or safety of the student or other individuals. Factors considered in making this assessment are: the severity of the threat to the health or safety of those involved; the need for the information; the time required to deal with the emergency; and the ability of the parties to whom the information is to be given to deal with the emergency.

The Office of the Registrar is the official office of the University for maintaining and releasing information pertaining to students’ academic records. Additional academic records exist in other campus offices, such as college advising offices, the Graduate College, faculty offices, Student Affairs, Financial Aid, etc.

Students are notified annually of their FERPA rights in the NSU Catalog and on the NSU website. In addition, periodic notification is provided through the campus newspaper.

The online Consent to Release Student Records form is the preferred and easy way to submit your consent to disclose educational records maintained by Northeastern State University.

1. Go to go.nsuok.edu, login with your NSU username and password
2. Click on Students tab
3. Look for section titled Requests and Forms
4. Choose Consent to Release Student Records
5. Complete all required information
6. Click Submit

If you are not able to access the online form, download the Consent to Release Student Records form (pdf).

Students may request official transcripts online or from the Office of the Registrar.

University officials may request student record information through Banner. All requests for student record information from entities outside of NSU should be made through the Office of the Registrar or the appropriate Vice President.

The spouse has no rights under FERPA to access the student’s education record.

Students who perform work for the university may be designated as “school officials” with a “legitimate educational interest” for specific purposes. The same requirements and responsibilities for full-time faculty and staff exist for student workers. Student workers must be trained on FERPA just as if they were faculty or staff.

Education records are defined as records which contain information directly related to a student and are maintained by an educational institution or by a party acting for the institution. Examples are enrollment and grade records, applications for university scholarships, financial aid records.

Education records do NOT include: sole possession documents (such as personal notes or “memory joggers” created and maintained by individual faculty/staff); law enforcement records; employment records where employment is not tied to student status; medical records; and records containing information about an individual that are created after he/she is no longer a student at that institution (i.e., alumni records).

Directory Information may be released without the written consent of the student, unless the student has filed a Request to Withhold Directory Information. An institution may not disclose or confirm directory information without the student’s written consent if the student’s social security number or other non-directory information is used alone or combined with other data elements to identify the student.

Prior consent is not required to disclose personally identifiable information:

• To “school officials” who have a “legitimate educational interest” in the student. “School official” is defined as:

• Person employed by the University in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff);
• Person or company with whom the University has contracted as its agent to provide a service instead of using University employees or officials (such as an attorney, auditor, or collection agent);
• Person serving on the Board of Trustees; and/or
• Student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks

• In general, 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 responsibility to the University. Records should be used only in the context of official educational business.
• To another institution to which a student seeks or intends to enroll.
• To federal, state, and local authorities involving an audit or evaluation of compliance with education programs.
• In connection with financial aid (such as the administration or continuation of aid).
• To individuals or organizations conducting studies for or on behalf of an educational institution.
• To regional or professional accreditation organizations.
• To parents of a dependent student, if the parent has provided to the Registrar’s Office evidence that they declare the student as a dependent on their most recent Federal Income Tax form (Form 1040).
• In response to a lawfully issued court order or subpoena (normally handled by the Registrar, other official record custodian and/or Legal Counsel)
• In the event that the release of information is necessary to protect the health or safety of the student or other individuals.
• If the disclosure is the result of a disciplinary hearing where the student is the perpetrator for a crime of violence or a non-forcible sex offense. Under this exception, information may be released to anyone, including the media. No information on the victim or witnesses may be released.
• To parents of a student under the age of 21 who has committed a drug or alcohol related offense.

A student’s FERPA rights begin with his or her registered enrollment at NSU. Attendance need not be physical, such as in cases of distance learning courses. Applicants who are denied admission or who are admitted but never attend are not covered under FERPA. There is no end point for FERPA rights—as long as the student is living.

Education records may be accessed by “school officials” who have a “legitimate educational interest” in the student. “School official” is defined as:

• Person employed by the University in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff);
• Person or company with whom the University has contracted as its agent to provide a service instead of using University employees or officials (such as an attorney, auditor, or collection agent);
• Person serving on the Board of Trustees; and/or
• Student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks

In general, 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 responsibility to the University. Records should be used only in the context of official educational business.

FERPA protects the privacy of education records. School officials may not disclose personally identifiable information about students or permit inspection of their records without written permission from the student, unless such action is covered by certain exceptions permitted by FERPA.