Family Educational Rights and Privacy Act of 1974 (FERPA)

FERPA protects the educational records of students, affording them certain rights with respect to those records.

FERPA gives students who reach the age of 18 or who attend Northwood University the right to inspect and review their own educational records. Additional student rights include the right to request amendment of records and some control over the disclosure of personally identifiable information.

FERPA applies to the educational records of persons who are or have been in attendance at Northwood University. FERPA does not apply to records of applicants for admission who are denied acceptance or, if accepted, do not attend Northwood University.

Definition of Educational Records

An educational record is any record, with certain exceptions, maintained by Northwood University or an agent of the University that is directly related to a student.

These records include files, documents, and materials in any medium, including handwritten documents, tapes, and disks, that contain information directly related to students and from which students can be personally identified.

Sharing Information with a Third Party

Access to educational records will be permitted to third parties only under the following conditions:

• The student has given written consent to release the record.
• The individual or agency requesting information is included under Section 99.31 of the Federal Regulations, which permits release of an education record without the student’s consent. See the University policy and procedure for details.

Northwood University is required to maintain records of requests for and disclosures of information to third parties.

School Official

Student consent is not required for access to an educational record when a Northwood University school official with a legitimate educational interest is requesting information. A school official may be:

• A person employed by the institution in an administrative, supervisory, academic, research, or support staff position who is carrying out an institutional responsibility.
• A person serving on an institutional governing body.
• A person employed by or under contract to the institution to perform a special task, such as an attorney, auditor, or official of the National Student Clearinghouse.
• A student employee.

Legitimate Educational Interest

A legitimate educational interest is the need of a University official to know the contents of an educational record in a context that is related to a University objective and is not in conflict with state or federal law or University policy.

The custodian of the requested educational record must decide the legitimacy of each request for information. If there is any doubt or question regarding a request, the custodian should withhold disclosure unless the student provides written consent, appropriate institutional officials concur, or the immediate supervisor approves the disclosure.

Employees in offices containing educational records must be instructed to determine legitimate educational interest before releasing an educational record in every case.

Directory Information

• Directory information may be released without the student’s written consent, but the University has the right to refuse to release it.
• Directory information is information not normally considered a violation of a person’s privacy.
• Students are notified annually of the items Northwood University has identified as directory information.
• Students are given the opportunity to request that directory information be withheld.

Importance of Confidentiality

School faculty, administrators, staff, and student employees may not disclose personally identifiable information about students or permit inspection of their records without the student’s written permission, unless the release or inspection is covered by an exception permitted under FERPA regulations.

Students may authorize release of educational record information in writing by specifying the information to be disclosed, the purpose of the disclosure, and the party to whom the disclosure is to be made.

Penalty for Non-Compliance

The penalty for noncompliance with federal regulations can include withdrawal of U.S. Department of Education funds from Northwood University. Civil cases have also been filed for alleged FERPA violations.