FAMILY EDUCATIONAL RIGHTS & PRIVACY ACT (FERPA)
The Family Educational Rights and Privacy Act (FERPA) affords certain rights to students concerning the privacy of, and access to, their education records. In compliance with FERPA, MassBay is prohibited from providing certain information from student records to a third party such as information on grades, billing, tuition and fees assessment, Financial Aid (including, but not limited to, grants, scholarships, work study or loan amounts) and other student record information. This restriction applies, but is not limited to, parents, spouse, or sponsors.
The act applies to all institutions that are recipients of federal funding and administered by the Secretary of Education. An exception to FERPA is the Solomon Amendment. See below for information.
WHO IS PROTECTED UNDER FERPA?
- Students, who are currently or formerly enrolled in credit and non-credit classes, regardless of their age or status in regard to parental dependency, are protected.
- FERPA does not apply to records of applicants for admission who are denied acceptance or, if accepted, do not attend MassBay.
CAN PARENTS ACCESS THEIR CHILDREN'S EDUCATION RECORDS?
- Under FERPA, once a student reaches the age of 18 OR attends a school beyond the secondary level, they become an eligible student and all rights formerly given to parents are transferred to the student.
- At the postsecondary level, parents have no inherent right to access a student’s education record. The right of access is limited solely to the student, even if the student is under 18. Records may be released to parents ONLY under the following circumstances: (1) through written consent of the student, or (2) in compliance with a subpoena.
AUTHORIZING ACCESS TO ACADEMIC RECORDS
A student may grant a third-party access to their academic information by completing MassBay's FERPA Release Form on their Bay Navigator account.
- Log into your Bay Navigator account and click on the "My Forms" tile
- Click on "Fill out a new form" and complete the "FERPA Release Education Record" form
- Enter the individual(s) to whom you release your education records and select the records you consent to be released
WHAT IS DIRECTORY INFORMATION?
Understanding Directory Information
Each year, the College informs students about which parts of their student records are considered directory information and explains that students have the right to request that no student information be designated as directory information.
The College defines directory information as the following: name, awards, enrollment status, major, semesters of attendance, date of actual or expected graduation, and degree or certificate earned. This directory information may be shared with third parties without a student’s prior written consent.
Students may request that all or some of their student record information not be treated as directory information. To do so, students must notify the College’s Registrar within two weeks of the beginning of each academic semester.
How to Complete the Restriction of Student Directory Information Form
- Log into your Bay Navigator account
- Click on the "My Forms" tile
- Click on "Fill out a new form" and complete the Restriction of Student Directory Information request
How Student Information Is Used for Recruiting Purposes
Federal law requires colleges to share certain student information with the U.S. Department of Defense (DoD) for military recruiting purposes if it is requested. This information can include your name, contact details, age or year of birth, place of birth, class level, major, degrees earned, and prior schools attended.
If the DoD requests this information, the College must release it—even if some of the details are not normally considered “directory information” under College policy. When this happens, the College will post a notice in the Registrar’s Office for one academic year to let students know that the request was made and what information was shared.
However, if you have formally opted out of having any of your information treated as directory information, no information will be released to third parties, including the Department of Defense.
SOLOMON AMENDMENT EXCEPTION TO FERPA
The Solomon Amendment is a federal law that allows military recruiters to access some address, biographical and academic program information on students.
The Department of Education has determined the Solomon Amendment supersedes most elements of FERPA. An institution is therefore obligated to release data included in the list of “student recruiting information,” which may or may not match MassBay's FERPA directory information list. Students who wish to restrict release of their information must complete the Restriction of Directory Information Form on their "My Forms" tile in Bay Navigator. Please note: completing a Directory Information Non-Disclosure Request form restricts disclosure of directory information to any party other than the exceptions allowable under FERPA, including the inclusion of a student’s name on public graduation lists and honors notifications.
RIGHT OF COMPLAINT
Students have the right to file a complaint with the U.S. Department of Education concerning alleged failures by the College 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, S.W.
Washington D.C. 20202-5901 39
ADDITIONAL INFORMATION
For more information about FERPA, including information specifically for parents and students, please visit the U.S. Department of Education.