 FERPA, or the Family Educational Rights and Privacy Act, is a federal law designed to protect the privacy of student education records. At the University of St. Thomas, we take FERPA compliance seriously to safeguard the educational information of our students.
Each year The University of St. Thomas is required to give notice of the various rights accorded to students pursuant to the Family Educational Rights and Privacy Act (FERPA). For FERPA purposes, the University defines a student as one who has attended or is attending the University of St. Thomas and whose records are in the files of the University. FERPA Forms | |
What is FERPA? The Family Educational Rights and Privacy Act of 1974 (FERPA), commonly known as the Buckley Amendment, is intended to protect the accuracy and privacy of student educational records. The Act applies to all institutions that are recipients of federal aid administered by the Secretary of Education. Under this legislation, you as a student enrolled at the University of St. Thomas have three fundamental rights: - Right to review and inspect your education records.
- Right to request to amend your education records (this does not apply to grades, evaluations, etc., unless a grade was recorded incorrectly).
- Right to limit disclosure of "personally identifiable information" contained in your education records.
1. You have the right to review and inspect all your education records maintained by or at the University of St. Thomas within 45 days of the date the University receives a request in writing from you for access. Such a request should be submitted to the Registrar. Education records are those maintained by The University of St. Thomas, or a party acting for the institution, which are directly related to a student. Records containing your name, social security number or other personally identifiable information. “Personally identifiable information” includes, but is not limited to: - Your name and the names of your parents or other family members
- Your address
- A personal identifier such as a social security number or your student ID number
- A list of personal characteristics (or other information which would make your identity easily traceable) in whatever medium (handwriting, print, digital document, etc.), are covered by FERPA unless identified in one of the Act's excluded categories.
Excluded categories include sole possession records; records maintained by a law enforcement unit for law enforcement purposes; student employment records other than employment records for positions that are included in a student's financial aid package; medical, pastoral counseling, counseling center and mental health records; information gathered on individuals who are no longer in attendance at the University (alumni surveys/achievements). 2. You have the right to seek to have corrected any parts of an education record that you believe to be inaccurate, misleading, or otherwise in violation of your rights. If, upon review, you find an education record is inaccurate or misleading, you may request changes or corrections. Requests should be made in writing to the Registrar's Office. Within a reasonable time, the university must decide if your request to change a record is consistent with its own assessment of the accuracy of the record. If your request is denied, you must be offered the opportunity for a hearing. If the disagreement with the record continues after the hearing, you may insert an explanation of the objection in your record. Note: FERPA's provisions do not apply to grades and educational decisions that school personnel make. While you have a right to review records, schools are not required by Federal law to provide copies of information, unless providing copies would be the only way of providing access. Schools may charge a reasonable fee for obtaining records, and they may not destroy records if a request for access is pending. 3. You have the right to prevent disclosure of personally identifiable information contained in your education records to third parties with certain exceptions allowed by federal regulations. It is the intent of The University of St. Thomas to limit the disclosure of information contained in your education records to those instances when prior written consent has been given for the disclosure or when the provisions of FERPA allow such disclosure without prior written consent. Parents/legal guardians of traditional age students (17 to 22 years old) have no inherent rights to inspect a student's education records. The right to inspect is limited solely to the student. Information may be released to parents/legal guardians only if one of the following criteria is met: a) written consent of the student using the Student Information Release Authorization Form, b) a health or safety issue, c) compliance with a subpoena, or d) submission of evidence that one or both parents have declared the student as a dependent (providing more than 50 percent of support in the previous calendar year) on their most recent Federal Income Tax form. One exception that permits disclosure without consent is disclosure to a school official at The University of St. Thomas who has a legitimate educational interest in a student's education record. School officials under FERPA include administrators, supervisors, faculty and academic staff, research or support staff (including security staff and health staff); a person, vendor, or company with whom the university has contracted (such as an attorney, auditor, NSC or collection agent, etc.); a person serving on the Board of Directors; or a student serving on an official committee, such as a disciplinary or grievance committee, or employed in or voluntarily assisting another school official in performing his/her tasks. Legitimate educational interest must meet the following criteria: - The access or disclosure of the education records is necessary for the school official to perform an appropriate task or fulfill a professional responsibility within the context of their job duties or official functions.
- The task or responsibility must be directly related to the educational, instructional, administrative, disciplinary, or support services provided to the student or to the operation of the educational institution.
Disclosure to a school official does not constitute institutional authorization to transmit, share or disclose any or all information received by another party. Upon request, the University discloses education records without consent to officials of another school in which a student seeks or intends to enroll. For information about limiting the disclosure of directory information, please see the Directory Information section. Additional Rights 4. You have the right to file a complaint with the Family Educational Rights and Privacy Act Office, Department of Education, 400 Maryland Avenue SW, Washington, DC 20202, concerning any alleged failure by The University of St. Thomas to comply with FERPA. 5. You have the right to obtain a written copy of the University's official notification to students regarding FERPA. A copy may be obtained in person or by mail from the Office of the Registrar or the Office of the Vice President for Student Affairs. Directory Information Under the provisions of the Federal Family Education Rights and Privacy Act of 1974 (FERPA), Colleges may disclose information about a student designated as directory Information. This information can, by law, be released to the public and may be listed in the campus directory. The University of St. Thomas has designated the following as Directory Information: - Full name
- Major field of study
- Participation in officially recognized activities and sports
- Height/weight of members of athletic teams
- Dates of attendance, including current classification and year, matriculation, and withdrawal dates
- Degrees and awards received
- Most recent previous educational institution attended
- Full or part-time status
- Photograph
- Campus e-mail address
Even though the information listed above is designated as Directory Information by The University of St. Thomas, this does not mean that the university will disclose this information, only that it can choose to disclose it. Preventing Disclosure of Directory Information Please consider the consequences of a decision to withhold directory information. Should you decide not to release any of this information, any requests for such information will be refused. Some effects may be: - Friends, relatives, faculty, or other students will not be able to access your contact information while you are a student or after you graduate.
- Your name will not be included in announcement of honors, awards or in the program for commencement.
- Information will be suppressed, so that if a loan company, perspective employer, family member, etc., inquire about you, they will be informed that we have no record.
Limitations Confidentiality/Directory Exclusions does not limit access to your file by authorized individuals nor does it apply to employment information. Nondisclosure of directory information does not prevent the University of St. Thomas from disclosing personally identifiable information from a student’s record to authorized representatives of federal, state, and local agencies when that disclosure is in connection with financial aid for which the student has applied or which the student has received, or any of the other exceptions to signed consent found in §99.31 of the FERPA regulations. Information can be released to comply with a judicial order or lawfully executed subpoena. The University of St. Thomas cannot assume responsibility to contact you when information about you is requested. Regardless of the effect upon you, the institution assumes no liability for honoring your instructions that such information be withheld. Solomon Amendment & FERPA The University of St. Thomas is required under the provisions of the Solomon Amendment to provide directory information on students who are at least 17 years of age to representatives of the Department of Defense for military recruiting purposes upon request. That information includes student name, addresses, telephone listings, date and place of birth, level of education, degrees received, prior military experience and the most recent previous educational institutions enrolled in. If any of this information is not collected by University of St. Thomas, the college is not required to collect it to provide it to military recruiters. The University of St. Thomas is not required to disclose the directory information of students who have requested nondisclosure of any or all directory information. For information about limiting the disclosure of directory information, please see the Directory Information section. | |
Common FERPA QuestionsCommon FERPA Questions | |
The records The University of St. Thomas maintains in any form for any individual who attends or has attended a class offered by UST are education records and are covered by FERPA. For this reason, it is critically important that faculty check the roster for their classes at the beginning of each term and return the amended class list to the Registrar by the specified date. Education records are those maintained by The University of St. Thomas, or a party acting for the institution, which are directly related to a student. Records containing a student's name, social security number or other personally identifiable information in whatever medium, are covered by FERPA unless identified in one of the law's excluded categories. Personally identifiable means data or information which may include 1) student's name; the names of student's parents or other family members; 2) student's address; 3) a personal identifier such as a social security number or student ID number; or 4) a list of personal characteristics, or other information that would make a student's identity easily traceable. Education records include handwritten, printed, taped, filmed, microfilmed, on microfiche or any form of electronically stored data. Categories of student information which FERPA excludes from identification as education records include: 1) sole possession records; 2) records maintained by a law enforcement/security unit for law enforcement purposes; 3) student employment records other than employment records for positions that are included in a student's financial aid package; 4) medical, pastoral counseling, counseling center and mental health records; and 5) information gathered on individuals who are no longer in attendance (alumni surveys/achievements). The University of St. Thomas has designated certain information contained in the education records of its students as Directory Information for purposes of the Family Education Rights and Privacy Act (FERPA). Directory Information is generally not considered harmful or an invasion of privacy if disclosed. This information may be released to persons or agencies outside the university without student consent unless the student has requested non-disclosure of some or all this information using the form available for this purpose in the Office of the Registrar. This form must be filed annually prior to the add/cancel date for the current term. Directory information for the University of St. Thomas is defined as: 1) full name, 2) major field of study, 3) participation in officially recognized activities and sports, 4) height/weight of members of athletic teams, 5) dates of attendance, including current classification and year, matriculation and withdrawal dates, 6) degrees and awards received, 7) most recent previous educational institution attended, 8) full or part-time status, 9) photograph, and 10) campus email address. Not included is social security number, race/ethnicity, or gender. An item of directory information may be disclosed by The University of St. Thomas for any purpose, without the prior consent of a student, unless the student has forbidden its disclosure in writing. Even though information is designated as Directory Information by The University of St. Thomas, this does not mean that The University of St. Thomas will disclose this information, only that it may choose to disclose it. If a student leaves The University of St. Thomas with a Non-Disclosure request in force, the request remains in force until a student withdraws it in writing. If the signed form is not on file in the Registrar's Office by the end of the add period, directory information may be released. Except for information in a student's record designated by the University as Directory Information, education records cannot be disclosed to anyone other than the student, a school official, and certain other persons or agencies specifically identified by the law. A student's education record may be disclosed without consent to school officials with legitimate educational interests. School officials under FERPA include administrators, supervisors, faculty and academic staff, research or support staff (including security staff and health staff); a person or company with whom the university has contracted (such as an attorney, auditor, NSC or collection agent); a person serving on the Board of Directors; or a student serving on an official committee, such as a disciplinary or grievance committee, or employed in or voluntarily assisting another school official in performing his/her tasks. Legitimate educational interest must meet the following criteria: - The access or disclosure of the education records is necessary for the school official to perform an appropriate task or fulfill a professional responsibility within the context of their job duties or official functions.
- The task or responsibility must be directly related to the educational, instructional, administrative, disciplinary, or support services provided to the student or to the operation of the educational institution.
A student's education record may also be disclosed without consent of or prior notification to the student to 1) authorized representatives of the Comptroller General, Attorney General, Secretary of Education, and state and local education authorities; 2) to schools in which the student seeks or intends to enroll; 3) in connection with financial aid; 4) to organizations conducting studies for or on behalf of educational agencies or institutions; 5) to parents of a dependent student if the parent can prove that he/she claimed the student on his/her most recent tax return; 6) to comply with a judicial order or lawfully issued subpoena; and 7) if there is a health/safety emergency. The University of St. Thomas requires a dated and signed release from a dependent student prior to releasing that student's education records to a third-party designee, including parents. When releasing a student's education information to anyone other than a school official, it is always best to have a dated and signed statement describing the purpose of the disclosure and containing the name of the party or class of parties to whom the disclosure will be made. The University of St. Thomas is required to notify students annually of their rights under FERPA and The University of St. Thomas' intent to protect their rights to inspect, review and submit a request to amend their records. The University of St. Thomas is required to protect students' rights to limit disclosure of certain personally identifiable information, called Directory Information, contained in their education records. All other information contained in a student's education records can't be released except as described earlier in this document. The University of St. Thomas is required to ensure that third parties do not redisclose personally identifiable information, except if: a) the disclosure is made pursuant to a court order or to lawfully issued subpoenas; b) the disclosure contains only Directory Information, and a Non-Disclosure Order has not been filed; or c) the disclosure is to the student. The University of St. Thomas is required to keep records of requests for and disclosures of student education records. The Department of Education may issue a notice to cease the practice complained of and could ultimately withhold funds administered by the Secretary of Education, such as federal financial aid dollars and federal grants. Because education records are maintained in many different forms all over the campus, the responsibility of ensuring FERPA compliance is a campus-wide responsibility. However, the Registrar will act as the university delegate where FERPA is administered. If there are questions, please feel free to contact the Registrar’s Office at registrar@stthom.edu or 713-525-2150. | | |
