Q. What is considered directory information?
A. Directory information means information contained in an educational record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Directory information may include, but is not limited to, the student’s name, address, telephone number, electronic mail address, photograph, date and place of birth, major field of study, grade level, enrollment status (e.g., undergraduate or graduate, full-time or part-time), dates of attendance, participation in officially recognized activities or sports, weight and height of members of athletic teams, degrees, honors and awards and the most recent educational agency or institution attended. An institution is entitled to determine what directory information it will release and what directory information it will not release according to its own policies. A student may request, in writing, that the institution withhold all of their directory information.
Q. When is someone considered “a student” at MCC?
A. Student, except as otherwise specifically provided by applicable statute or regulation, means any individual who is or has been in attendance at an educational agency or institution and regarding whom the agency or institution maintains educational records.
As soon as someone registers for a class at MCC, they are considered a student.
For dual enrollment students: For dual enrollment students, the students’ postsecondary records must be treated by MCC like any other MCC student, and his/her records may only be provided to parents as allowed by the FERPA guidelines. Educational records relating solely to the students’ K-12 activities can be released to parents without the student’s consent (as long as the student is 17 years of age or younger).
According to the Department of Education, “If a student is attending a postsecondary institution—at any age—the rights under FERPA have transferred to the student. However, in a situation where a student is enrolled in both a high school and a postsecondary institution, the two schools may exchange information relating to that student. If the student is under 18 years of age, the parents still retain the rights under FERPA at the high school and may inspect and review any records sent by the postsecondary institution to the high school.” All such requests shall be directed to the participating high school not the college.
Q. Can a student give verbal permission for a parent to access their records?
A. In order for parents to have access to a student’s records or perform any transactions on a student’s behalf, a signed release form (Authorization to Release Student Information) must be on file with the College or the student must qualify as a dependent under the guidelines of 34 C.F.R. §99.31 and a permission note must added to the student’s electronic record in MCC’s database.
Q. A parent stops by Student Services and wants to register her daughter for several classes. Can she do this?
A. Only with the proper release form (Authorization to Release Student Information) indicating the parent may do so.
Q. Do MCC representatives need to see the waiver before giving any information?
A. Once an Authorization to Release Student Information form has been submitted and entered into the system, staff and faculty need only to check CRI in Colleague to see who is authorized to obtain information.
Q. Are there separate waivers for giving verbal and written information?
A. No, MCC utilizes the Authorization to Release Student Information form for both verbal and written information.
Q. Is it a violation of FERPA to conduct college business with a student via their personal email account (i.e. email@example.com)?
A: There is no guarantee of confidentiality when sending an e-mail to a student’s personal email account. All currently enrolled, credit students have a college provided email account which must be used by staff and faculty when conducting college business via email. Exceptions may be granted by the Director, IT Network Services or the Director, Manager of Information Services upon written request and authorization from the student and the appropriate College official. The written request and authorization must be placed and maintained in the student’s official College file in the Department of Records.
Q. What information can be given over the phone? What kind of information is needed to verify who the MCC representative is speaking to? If the MCC representative knows a student and recognizes his/her voice, is it OK to give information?
A. Unless the MCC representative can absolutely verify* that the person on the other line is indeed the student or otherwise authorized individual (listed on the Authorization to Release Student Information form), it is best not to provide any non-directory information over the phone. The goal is to ensure that the student’s FERPA rights are protected.
*Name, address, phone number, date of birth or Social Security number and possibly other student identification information will be asked to verify student identification before any protected educational information will be released over the phone.
Q. What information can be given to a person who says he/she is a parent of a student? What proof or ID would a parent need to present?
A. Unless the student has submitted the Authorization to Release Student Information form giving written permission for his/her parent to access his/her educational records or they meet the requirements of 34 C.F.R. §99.31, the College cannot release non-directory information to that individual. Once an Authorization to Release Student Information form has been submitted and notated in the system, the parent would need to present a photo ID if they request information in person.
Q. A student has lost his/her official transcript from a previously attended college. He/she had one sent to MCC. Can that student have a copy?
A. No, we do not provide copies of official transcripts received from other institutions to students. A student must contact their former institution to request a transcript.
Q. A parent accompanies his/her child to meet with an advisor/counselor. What is required from that advisor/counselor?
A. The advisor/counselor needs to make sure that both the student and the parent are aware of FERPA and inform them that non-directory information will not be shared with the parent if the student is not present. The student will need to fill out an Authorization to Release Student Information form if a parent wishes to speak to an advisor/counselor alone.
Q. Who has access to a student’s academic records?
A. The conditions under which prior consent is not required to disclose protected educational information are set forth in 34 C.F.R. §99.31.
Q. Does MCC have to share information with a third party?
A. An institution is required to release protected educational information to certain third parties in certain prescribed circumstances pursuant to 34 C.F.R. §99.31.
Q. How do we handle release forms from outside agencies?
A. An institution may release a student’s educational record to a third party if that party provides a consent to release form duly executed by the student.
Q. I’m a staff/faculty member and have been asked to do a welcome for a student success conference. I would like to mention a successful former student in my presentation. Do I need to have his/her permission first?
A. In order to protect a student’s FERPA rights, you would need to get his/her written permission if your presentation mentions any non-directory information related to that student, such as GPA or academic history.
Q. An employee from another institution calls asking about his/her daughter who is enrolled at MCC. Can we release any information to him/her?
A. No, the student’s educational rights must still be protected. We may release directory information to the parent; otherwise, the student needs to submit a written authorization to release non-directory information to that parent.
Q. A student owes money to the College. He believes that that according to FERPA he has the rights to have his transcripts released. Is this true?
A. FERPA protects students from unauthorized release of information and guides the College in understanding who is authorized to receive such information. It also allows an institution to withhold a transcript from being released to a third party if a student has a financial obligation to it. The student may view his/her records, but the College is permitted to withhold its release to a third party until the student has fulfilled his/her financial obligation to the College.
Q. Does FERPA apply to work-study students or interns?
A. Yes. When working in any College area, student workers are to maintain all rules of confidentiality and be aware of FERPA guidelines.
Q. What information may I release in crisis or emergency?
A. If the situation is imminent and poses a threat to the safety and health of the public, the MCC community or to the student, FERPA allows MCC officials to release protected educational information to appropriate individuals based on the circumstances (such as law enforcement officials, medically trained personnel and public health officials).
Q. A law enforcement officer is looking for a student to serve a warrant and is asking for the student’s class schedule. Can I provide it to him/her?
A. College policy is that all such requests are to be immediately directed to the Chief or Deputy Chief of the College Police Department. According to FERPA, non-directory information can only be provided to a law enforcement officer if they present a lawfully issued subpoena or court order. Otherwise, he/she cannot have access to a student’s educational records. Records maintained by the College’s Police Department are not a part of a student’s educational record and may be shared without prior authorization.
Q. Does FERPA apply if a student is deceased?
A. No, a student’s rights under FERPA cease once a student is deceased. Each institution may implement its own policy regarding the release of protected information regarding a deceased student. Individuals named by the court as executor, executrix, personal representative or who have been granted similar standing in relation to the decedent’s estate may have the same access to the deceased student’s protected educational information as the student would have had.
Q. What are the consequences for violating FERPA?
A. An individual who believes that their rights under FERPA have been violated may file a complaint with the United States Department of Education.