Guide to Student Privacy Rights
Questions & Answers for University Parents
1. How can I learn how my child is doing?
The best approach is to ask your son or daughter directly. Communicating with young
adults isn't easy. They're not always as forthcoming as we would like. The college
years, however, are a period of remarkable growth and maturation. The ability and
willingness of students to share information and insights usually grows, especially
as they acquire the confidence that comes with assuming greater responsibility for
their own lives.
2. Does the University have any written policy about information from student records
that can be shared with parents?
Yes. Like other colleges and universities across the country, the University is subject
to a federal law called the Family Educational Rights and Privacy Act (also called
"FERPA" or the "Buckley Amendment"). FERPA sets privacy standards for student educational
records and requires institutions to publish a compliance statement, including a statement
of related institutional policies. See the University policy titled Access to Education Records for more information.
3. Where can I find out more information about FERPA?
The U.S. Department of Education enforces FERPA. The Department maintains a FERPA
website (with links to FERPA regulations).
4. What records does FERPA cover?
The privacy protection FERPA gives to students is very broad. With limited exceptions
discussed below, part 99.3 of the FERPA regulations gives privacy protection to all
student "education records." Education records are defined as "[t] hose records that
are directly related to a student and [are] [m]aintained by an educational agency
or institution or by a party acting for the agency or institution." Examples of student
records entitled to FERPA privacy protection are grade reports, transcripts, and most
disciplinary files. A more extensive list is available in the undergraduate catalog.
5. What does it mean to say a record is "protected" by FERPA?
Unless personally identifiable information from a student's educational record falls
under a specified exception, the information cannot be released to third parties (including
parents) without signed and dated written consent from the student.
6. What are the exceptions to FERPA's coverage?
There is a detailed list of exceptions at part 99.3 of the FERPA regulations ("education
records" defined) and at 99.31. Perhaps the most important exception allows-but does
not require-disclosure [of information in student education records] to the parents
of a dependent student, as defined in section 152 of the Internal Revenue Code of
1986" (part 99.31 (a) (8)). Also, among the records not protected by FERPA are dates
of attendance, academic major, and degrees received (see, generally, the Student Access
to Educational Records... "Directory Information").
7. I had easy access to my child's school records; why don't I have the same access
to records kept by the University?
Under FERPA, the access rights that parents and legal guardians had in the elementary
and secondary school setting are transferred to students once a student has turned
eighteen or is attending any post secondary educational institution.
8. Why do I have limited access to my child's college records when I am paying his/her
college expenses?
As a parent or legal guardian, you normally can have access to your child's college
records. The best way to do so is with the student's consent. Nonetheless, as indicated
in the answer to question six, if you claim your child as a dependent for federal
tax purposes and can provide documentation that your child is a dependent, the University
will give you access to his/her education records, as specified in FERPA (see part
99.31 (a) (8)) and in the Student Access to Educational Records. FERPA does not require
colleges and universities to grant such parental access. The university does so as
a matter of policy.
9. How do I provide documentation of my child's dependent status?
Different university departments have different procedures. Some may require copies
of income tax forms, as specified in the Student Access to Educational Records. It's
best to ask the department administrator about pertinent department requirements.
10. How can I find out my child's grades?
Most parents ask their child directly. Doing so fosters trust and a sense of mutual
responsibility.
11. Will I be notified if my child is put on academic probation or is subject to academic
dismissal?
Information about grades and academic standing is sent directly to students. You
can, of course, ask your child to keep you informed about his/her academic performance.
See the answer to question ten.
12. Will I be notified if my child is hurt or in danger?
The Student Access to Educational Records states that prior consent to disclosure
of information from student education records will not be required when notice is
made to "[a] ppropriate parties in connection with an emergency, where knowledge of
the information is necessary to protect the health or safety of the student or other
individuals." We routinely consider parents as "appropriate parties" to notify in
such emergencies. For example, if a student living in the residence halls was transported
to the hospital in a life-threatening situation, every reasonable effort would be
made to notify parents as soon as possible.
13. Will I be informed if my child is treated at the Student Health Center or is seeing
a counselor in Counseling Services?
Not normally. In addition to FERPA, state laws and professional ethical codes preclude
the University from routinely sharing student medical information and counseling records
with third parties, including parents. There are important policy reasons supporting
these confidentiality requirements, including the proven therapeutic benefits associated
with encouraging students to talk openly and candidly with a physician or counselor-without
fear their conversations will be reported to others. Confidentiality, of course, is
not absolute. It can be broken (and parents notified as appropriate) if staff members
in Student Health Services or Counseling Services determine that a student poses an
imminent danger to himself/ herself or to an identifiable third party. Students may
also grant permission for staff members to speak with parents.
14. How will I know if my child is subject to University disciplinary action?
Student disciplinary records are protected documents under the Family Education Rights
and Privacy Act (FERPA). FERPA is federal legislation designed to ensure and protect
the privacy rights of students. Generally, you will not be privy to the discipline
record or any subsequent disciplinary action taken against your student unless your
student gives the university written consent to disclose the information. There are
exceptions to FERPA that allow the university to inform parents of disciplinary actions
and/or records. The exception(s) include any alcohol or drug offense committed by
students under the age of 21 and when the student poses a significant threat or danger
to themselves or the university community. MTSU notifies parents of all drug and alcohol
offenses via U.S. Mail. Students may opt to sign a FERPA release form releasing their
parent(s) to speak with staff members in the Office of Student Conduct. Forms are
available in that office.
15. I've heard that FERPA allows notice to the public if a student commits a crime of violence. What
policy has the University adopted regarding this provision?
FERPA permits-but does not require release of final results of campus disciplinary
proceedings (reached on or after October 7, 1998) regarding specified crimes of violence
or non-forcible sex offenses, as provided in part 99.31 (a) (14) (i) of the FERPA
regulations, Consistent with other FERPA requirements, the University has decided
to make public, upon request, the identities of individuals found responsible in a
campus disciplinary hearing for any crime of violence or non-forcible sex offense
specified in the law.
16. I've also seen press reports about an IEPLPA provision allowing notice to parents
when a student violates drug or alcohol laws. What position has the University taken
on this rule?
Part 99.31 (a) (15) (i) for the FERPA regulations authorizes-but does not require-disclosure
to parents of 'the student's violation of any Federal, State, or local law, or of
any rule or policy of the institution, governing the use or possession of alcohol
or a controlled substance if (A) The institution determines that the student has committed
a disciplinary violation with respect to that use or possession; and (B) The student
is under the age of 21 at the time of the disclosure to the parent.' Tennessee State
law requires the university to notify the parents or guardians of students under the
age of 21 when the student has been found responsible for violating the university’s
alcohol and/or drug policies. This notification comes in the form of a letter via
US Mail from the Dean of Students.
17. Will I be notified if my child becomes involved with controversial or harmful
groups?
We endeavor to notify parents in emergencies, as defined in the Student Access to
Educational Records (see the answer to question twelve). Affiliation with a "controversial"
or "harmful" group would not normally qualify as such an emergency. The University
is a diverse community. Part of the collegiate experience is experimenting with ideas,
friendships, and affiliations that may strike others as controversial or harmful.
Courts even recognize a "right of association" in this regard protected by the First
Amendment. Most parents and teachers work hard to help young people develop better
decision-making skills. That process continues in the university environment-both
in the classroom and in our activities programming. Ultimately, however, adult students
must be given considerable freedom to make their own choices and to learn from their
own mistakes.
18. I have heard that MTSU has a program that students can sign up for to allow parents/guardians
to have access to their financial records, grades, grade point averages and to speak
to University staff members about their student’s protected information. What is
this program?
This program is called the Partners in Education program, known by the acronym PIE
program. Students can sign up for the PIE program on Pipeline. It is important to
note that parents can’t sign up for the program, it has to be the student’s choice.
By signing up, the student waives their privacy rights and allows parents full access
to their records; however, with this program the university does not contact the parent,
but allows university officials to speak openly with a parent should they contact
the university with concerns. Additional information about the program can be found
at http://mtsu.edu/one-stop/docs/PIE-Student-Authorization-Release.pdf.
This information was modified from information published in the "SYNFAX WEEKLY REPORT" dated July 2, 2001, and is reproduced with permission of Synfax Weekly Report.