Generally the law provides that, with certain exceptions, no education records may be released without prior written consent from the student to which they pertain.
The Family Educational Rights and Privacy Act of 1974 ("FERPA"), as amended, is a federal law regarding the privacy of education records and the obligations of the institution, primarily related to the release of education records and access provided to education records. The law also mandates that students be provided access to their own education records for purposes of inspection and review. The institution's policy on the Confidentiality of Education Records may be found at D'Youville FERPA Policy.
Below are answers to specific instructional situations.
- the right to have some control over the disclosure of personally identifiable information from your education records;
- the right to access your own education records;
- the right to seek amendment of your education records; and
- the right to file a complaint with the Family Policy Compliance Office regarding alleged FERPA violations.
Directory information is information contained in an education record that would not generally be considered harmful or an invasion of privacy if disclosed. Directory information may be disclosed, without prior written consent, unless you have chosen to affirmatively opt-out of the disclosure of directory information.
Directory information includes: the student's name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student.
Students may opt-out of the disclosure of directory information. If you choose to opt-out of the disclosure of directory information, the institution may not disclose such information without prior written consent. Students may not opt-out of the disclosure of directory information in classes in which they are enrolled.
At D'Youville, students who wish to opt-out of the disclosure of directory information must provide a written request to do so to Solutions located on the 2nd floor of KAB. The request must be submitted in person and must be accompanied by a photo I.D. The restriction will remain in effect unless and until the student withdraws the request.
Students who wish to restrict the release of directory information should realize that this action could have negative consequences. For example, the names of students who have restricted their directory information will not appear in the commencement bulletin and other publications.
At the institution’s discretion, education records and information from education records may be disclosed to parents where: (1) the student has provided written consent to the disclosure; or (2) the student is a dependent for tax purposes under the IRS rules. This includes mid-semester and final grades which are available to students on Student Planning which is located in Self-Service but are not mailed to the students' homes. Students may request that a copy of their transcript be mailed to their parents by completing a Transcript Request form in Self-Service.
FERPA also permits the institution to disclose information from a student's education records to parents if a health or safety emergency involves their son or daughter. Another provision in FERPA permits the institution to let parents of students under the age of 21 know when the student has violated any law or policy concerning the use of possession of alcohol or a controlled substance. School officials may also share information with a parent about a student that is based on that official's personal knowledge or observation and that is not based on information contained in an education record.
An educational institution may disclose personally identifiable information from education records to appropriate parties, without the student’s consent, if the institution determines that the information is necessary to protect the health or safety of the student or other individuals. Appropriate parties may include: law enforcement officials, public health and safety officials, medical professionals and personnel, or parents.
An educational institution must make this determination on a case-by-case basis, taking into account the totality of the circumstances pertaining to a threat to the health or safety of a student or others. 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.