FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)

Definitions

For the purposes of this policy, SUNY Downstate Health Sciences University (DHSU) has used the following definition of terms.

Student - any person who attends or has attended SUNY DHSU.

Education Records - any educational record directly related to the student and maintained by SUNY DHSU or by a party acting for SUNY DHSU except:

1. 1. A personal record kept by a staff member if it is kept in the sole possession of the maker of the record and is not accessible or revealed to other persons except a temporary substitute for the maker of the record.
   2. Records created and maintained by SUNY DHSU’s Public Safety Department for law enforcement purposes.
   3. An employment record of an individual, whose employment is not contingent on the fact that he or she is a student, provided the record is used only in relation to the individual’s employment.
   4. Records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional if the records are used only for the treatment of a student and made available only to those persons providing the treatment.
   5. Alumni records which contain information about a student after he or she is no longer in attendance at the University and which do not relate to the person as a student.

FERPA – The Family Educational Rights and Privacy Act

Annual Notification

Students will be notified of their FERPA rights annually by publication in the Student Handbook.

Procedure to Inspect Education Records

Students may inspect and review their education records upon request to the appropriate record custodian.

Students should submit to the record custodian or an appropriate SUNY DHSU staff person a written request which identifies as precisely as possible the record or records he or she wishes to inspect.

The record custodian or an appropriate SUNY DHSU staff person will make the needed arrangements for access as promptly as possible and notify the student of the time and place where the records may be inspected. Requests from active current students are normally responded to within 24-48 hours (during business days). For former students, or in the rare circumstances where information has already been archived, we make every effort to respond as soon as possible, but access may take up to 45 days or less from the receipt of the request. When a record contains information about more than one student, the student may inspect and review only the records which relate to him or her.

Right of SUNY DHSU to Refuse Access

SUNY DHSU reserves the right to refuse to permit a student to inspect the following records:

1. The financial statement of the student’s parents.
2. Letters and statements of recommendation for which the student has waived his or her right of access, or which were placed in his or her file before January 1, 1975.
3. Records connected with an application to attend SUNY DHSU if that application was denied.
4. Those records which are excluded from the FERPA definition of education records.

Refusal to provide copies

SUNY DHSU reserves the right to deny transcripts or copies of educational records not required to be made available by FERPA in any of the following situations:

1. The student has an unpaid financial obligation to SUNY DHSU.
2. There is an unresolved disciplinary action against him or her.

Fees for Copies of Records

The fee for copies of educational records will be $.10 per page. If the document is to be mailed, the cost of mailing will also be charged.

Disclosure of Education Records

SUNY DHSU will disclose information from a student’s education records only with the written consent of the student, except:

1. To University officials who have a legitimate educational interest in the records.

A university official is: a person employed by the University in an administrative, supervisory, academic or research, or support staff position; a person elected to the Board of Trustees; a person employed by or under contract to the University to perform a special task, such as the attorney or auditor.

A University official has a legitimate educational interest if the official is: performing a task that is specified in his or her position description or by a contract agreement; performing a task related to a student’s education; performing a task related to the discipline of a student; providing a service or benefit relating to the student or student’s family, such as health care, counseling, job placement, or financial aid.

2. To officials of another school, upon request, in which a student seeks or intends to enroll.
3. To certain officials of the U.S. Department of Education, the Comptroller General, and state and local educational authorities, in connection with certain state or federally supported education programs.
4. In connection with a student’s request for or receipt of financial aid as necessary to determine the eligibility, amount, or conditions of the financial aid, or to enforce the terms and conditions of the aid.
5. If required by a state law requiring disclosure that was adopted before November 19, 1974.
6. To organizations conducting certain studies for or on behalf of the University.
7. To accrediting organizations to carry out their functions.
8. To parents of an eligible student who claim the student as a dependent for income tax purposes.
9. To comply with a judicial order or a lawfully issued subpoena.
10. To appropriate parties in a health or safety emergency.
11. Directory information so designated by the University.
12. The results of any disciplinary proceeding conducted by the University against an alleged perpetrator of a crime of violence to the alleged victim of that crime.

Record of Requests for Disclosure

SUNY DHSU will maintain a record of all requests for and/or disclosure of information from a student’s education records.  The record will indicate the name of the party making the request, any additional party to whom it may be re-disclosed, and the legitimate interest the party has in requesting or obtaining the information. The record may be reviewed by the eligible parents or student.

Directory Information

FERPA allows an institution to release student “directory information” without a student’s consent, unless the student has requested such information be kept confidential. SUNY Downstate designates the following as directory information:

Name, address, telephone number, date of birth and place of birth, Downstate e-mail address, Downstate SID, student photos, school of attendance, dates of attendance, major field of study, class year, current credit load, credit hours earned, degrees received, dates of degrees, participation in officially recognized activities, honors and awards received, internships, residency or other post-completion placements (applies only to College of Medicine and School of Graduate Studies), and the most recent previous educational agency or institution attended.  SUNY DHSU may disclose any of these items without prior written consent, unless notified in writing to the contrary during the fall registration period.

To opt out of directory information disclosures, you will complete a Family Educational Rights and Privacy Act (FERPA) Opt In/Opt Out form found in the Office of the Registrar.  You may do this at the time of fall registration only.

Correction of Education Records

Students have the right to ask to have records corrected that they believe are inaccurate, misleading, or in violation of their privacy rights. The following are the procedures for the correction of records:

1. The student must ask the appropriate official of SUNY DHSU to amend a record in writing. The student should identify the part of the record they want changed and specify why they believe it is inaccurate, misleading or in violation of their privacy or other rights.
2. That office must reach a decision and inform the student of this decision, in writing, within a reasonable time after receipt of the request. If it decides not to comply, that office will notify the student of the decision and advise him/her of their right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student’s rights.
3. Upon request, SUNY DHSU will arrange for a hearing, and notify the student, reasonably in advance, of the day, place, and time of the hearing.
4. The hearing will be conducted by a person or persons appointed by the Vice President for Student Affairs, who do not have a direct interest in the outcome of the hearing. The student will be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student’s education records.  The student may be assisted by one or more individuals, including an attorney. If the student is represented by an attorney, SUNY Legal Counsel must also be present.
5. The hearing officer/panel will prepare a written decision based solely on the evidence presented at the hearing, within a reasonable time period after the conclusion of the hearing. The decision will include a summary of the evidence presented and the reasons for the decision.
6. If the hearing officer/panel decides that the information is inaccurate, misleading, or in violation of the student’ right of privacy, the record will be amended and the student will be notified, in writing, that the record has been amended.
7. If the hearing officer/panel decides that the challenged information is not inaccurate, misleading or in violation of the student’ s right of privacy, the student will be notified that they have a right to place in the record a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision. The statement will be maintained a part of the student’ education records as long as the contested portion is maintained. If SUNY DHSU discloses the contested portion of the record, it must also disclose the statement.

Note:

1. Former students are not given a right to inspect records which only contain information about them after they left school.
2. Notification of student rights under the Act need not be sent to former students.
3. Students may give consent for disclosures of their education records to a “class of parties” as well as a specific individual or institution.
4. Schools need only make a “reasonable effort” to notify students of a subpoena in advance of compliance.
5. Parents of students attending the University are not given a right to inspect student records (e.g. receive grades) without student consent.
6. The opportunity for a hearing as specified in 99.21 of the regulations should not be construed to apply to questions concerning the underlying reasons for the granting of a particular grade. Instead, a hearing to determine the accuracy of any grade should be confined to the issue of whether or not the recorded grade corresponded to the grade reported by the faculty member.

Alleged failures to comply with the requirements of FERPA may be filed by students with the U.S. Department of Education. The name and address of the Office that administers FERPA is:

Family Policy Compliance Office

U.S. Department of Education

600 Independence Avenue, SW

Washington, D.C. 20202-4605

 

Types, Locations, and Custodians of Education Records

 

As of January 3, 2012, the U.S. Department of Education’s FERPA regulations expand the circumstances under which your education records and personally identifiable information (PII) contained in such records—including your Social Security Number, grades, or other private information—may be accessed without your consent.  First, the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or state and local education authorities (“Federal and State Authorities”) may allow access to your records and Personally Identifiable Information without your consent to any third party designated by a Federal or State Authority to evaluate a federal- or state-supported education program.  The evaluation may relate to any program that is “principally engaged in the provision of education,” such as early childhood education and job training, as well as any program that is administered by an education agency or institution.  Second, Federal and State Authorities may allow access to your education records and Personally Identifiable Information without your consent to researchers performing certain types of studies, in certain cases even when we object to or do not request such research. Federal and State Authorities must obtain certain use-restriction and data security promises from the entities that they authorize to receive your Personally Identifiable Information, but the Authorities need not maintain direct control over such entities.  In addition, in connection with Statewide Longitudinal Data Systems, State Authorities may collect, compile, permanently retain, and share without your consent Personally Identifiable Information from your education records, and they may track your participation in education and other programs by linking such Personally Identifiable Information to other personal information about you that they obtain from other Federal or State data sources, including workforce development, unemployment insurance, child welfare, juvenile justice, military service, and migrant student records systems.

 

Last Updated: December 23, 2024