Confidentiality of Student Education Records
The Family Educational Rights and Privacy Act of 1974 (FERPA)
The Family Educational Rights and Privacy Act of 1974, as amended, grants all eligible students the right of access to their own educational records as defined in the law. The law prohibits access to or release of personally identifiable information without the prior written consent of the student except under certain limited circumstances. Touro University policy does not permit access to or release of student records to any party except as authorized by this law. It should be noted, however, that this legislation concerning privacy is affected by Section 510 of the Veterans Education and Employment Act of 1976, which provides that, P.L. 93-568 notwithstanding, records and accounts pertaining to veterans, as well as those of other students, shall be available for examination by government representatives. It is also affected by Sections 507 and 508 of the Patriot Act of 2001, which provides that officials designated by the U.S. Attorney General may petition the court to examine records deemed relevant to certain authorized investigations or prosecutions. If a student wishes to inspect or review his or her records, he or she may contact the Office of the Registrar, which can also provide complete information concerning this policy.
The Family Educational Rights and Privacy Act of 1974 as amended (FERPA), was designed to protect the privacy of education records. Education records include records, files, documents, or other materials in hard copy or in electronic format, maintained by Touro University or a party acting on behalf of Touro University, which contain information directly related to a student. FERPA specifies some limited exceptions including certain personal memory aids and certain employment records.
FERPA affords students certain rights with respect to their education records. These rights include:
The right to inspect and review the student’s education records within a reasonable period of time, but not more than 45 days after the University receives a request for access. Students should submit to the Office of the Registrar written requests that identify the record(s) they wish to inspect. The Office of the Registrar will make arrangements for access and notify the student of the time and place the records may be inspected.
The right to request an amendment to the student’s education records that the student believes contains information that is inaccurate, misleading, or in violation of the student’s rights of privacy. Students may ask the University to amend a record that they believe is inaccurate. They should write to the Office of the Registrar, clearly identify the part of the record they want changed, and specify why it is inaccurate. If the University decides not to amend the record as requested by the student, the University will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
The right to provide signed and dated written consent before the University discloses personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
One exception that permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the University in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the University has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. 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.
A second exception that permits disclosure without consent is disclosure of Directory Information. Directory Information is information that is generally not considered harmful or an invasion of privacy if released.
The following is considered “Directory Information” at Touro University and may be made available to the general public unless the student notifies the Office of the Registrar in writing before the last day to add classes in a semester:
Name
Address
E-mail address
Telephone listing
Date and place of birth
Photograph
Major field of study
Dates of enrollment
Enrollment status
Classification (freshman, etc.)
Honors and awards
Degrees and dates of conferral
Most recent prior educational agency or institution attended
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by Touro University to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue SW, Washington, DC 20202-4605.
Authorization for Non-Disclosure of Directory Information
Enrolled students may refuse to permit disclosure of Directory Information. To do so, they must submit a completed “Authorization for Non-Disclosure of Directory Information” form to the Registrar before the last day to add classes in a semester. This request is valid only for the academic year in which it is made. A new form requesting non-disclosure must be submitted each academic year.