Family Educational Rights and Privacy Act (FERPA)
The Family Educational Rights and Privacy Act of 1974, with which The New School complies, was enacted to protect the privacy of education records, to establish the right of students to inspect and review their education records, and to provide guidelines for correction of inaccurate or misleading statements.
The New School has established the following student information as public or directory information, which may be disclosed by the institution at its discretion: student name; major field of study; dates of attendance; full- or part-time enrollment status; year level; degrees and awards received, including dean’s list; the most recent previous educational institution attended; addresses; phone numbers; photographs; email addresses; birth date and place of birth.
Students may request that The New School withhold release of their directory information by notifying the Registrar’s Office in writing. This notification must be renewed annually at the start of each fall term.
The Family Educational Rights and Privacy Act (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 45 days of the day the university receives a request for access.
A student should submit to the registrar, dean, head of the academic department, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. The university official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the university official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
The right to request the amendment of the student’s education records that the student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
A student who wishes to ask the university to amend a record should write to the university official responsible for the record, clearly identify the part of the record the student wants changed, and specify why, in the student’s opinion, it should be changed.
If the university decides not to amend the record as requested, the university will notify the student in writing of the decision and the student’s 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 written consent before the university discloses personally identifiable information from the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
The university discloses education records without a student’s prior written consent under the FERPA exception for 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 services staff); a person or company with whom the university has contracted as its agent to provide a service instead of university employees or officials (such as an attorney, auditor, or collection agent); a person serving on the New School 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 responsibilities for the university.
Addendum to FERPA Regulations
As of January 3, 2012, U.S. Department of Education FERPA regulations expand the circumstances under which education records and personally identifiable information (PII) contained in such records -- including Social Security Number, grades, and other private information -- may be shared without a student’s consent.
First, the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or state or local education authorities (“Federal and State Authorities”) may allow access to a student’s records and PII without the student’s 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 education records and PII without the student’s consent to researchers performing certain types of studies, in certain cases even when the educational institution did not request or objects to such research. Federal and State Authorities must obtain certain use-restriction and data security promises from the entities that they authorize to receive a student’s PII, 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 a student’s consent PII from the student’s education records and may track a student’s participation in education and other programs by linking such PII to other personal information about the student 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.
The right to file a complaint with the U.S. Department of Education concerning alleged failures by the university to comply with the requirements of FERPA.
Name and address of the office that administers FERPA:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5901