Family Educational Rights (FERPA)
Family Educational Rights and Privacy Act of 1974
McDaniel College Undergraduate Student FERPA Policy and Notification of Rights under FERPA
The Family Educational Rights and Privacy Act (FERPA) afford students certain rights with respect to their education records. These rights include:
(1) The right to inspect and review the student's education records within 45 days of the day the College 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 College 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 College official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
(2) The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. A student who wishes to ask the College to amend a record should write the College official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed. If the College decides not to amend the record as requested, the College 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.
(3) The right to provide written consent before the College discloses personally identifiable information from the student's education records, except to the extent that FERPA authorizes disclosure without consent. The College may disclose 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 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 College.
A school official is a person employed by the College 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 College has contracted as its agent to provide a service instead of using College employees or officials (such as an attorney, auditor, reporting or collection agent); a person serving on the Board of Trustees; a student serving on an official committee, such as a disciplinary or grievance committee; or a person assisting another school official in performing his or her tasks.
- the parent of a student who claims the student as a dependent based on the IRS Code of 1986 Section 152. McDaniel College values the role of parents as partners in the education of our students. Our institutional philosophy is to encourage communication between students and parents about the student experience at McDaniel. To that end, the College may notify parents of dependent students when they have knowledge of situations adversely affecting a student. Such situations include academic deficiency (warning, probation, dismissal) and those exceptions permitted under FERPA regarding alcohol and illegal drug policy violations. Accordingly, parents of dependent students should direct questions to the Office of Academic Affairs or Student Affairs.
Students must complete a form before attendance at the student’s first class, certifying whether the student is a dependent for federal tax purposes and if not a tax dependent, whether the student consents to the disclosure of personally identifiable information to his/her parents. The student is responsible for updating this form with the Registrar’s Office to reflect any changes in the student’s tax dependency or the student’s consent to the disclosure of personally identifiable information. The College has the right to rely on the student’s initial certification and/or consent to the disclosure of personally identifiable information unless the student has submitted an updated form to the Registrar’s Office.
- to officials of another school or school system in which the student seeks or intends to enroll.
- to appropriate parties in a health and safety emergency.
(4) The right to elect to opt out of the release of a student’s directory information. The College may release directory information without the student’s written consent. Directory information includes the student’s name, dates of attendance, previous institutions(s) attended, major field of study, awards, honors, (includes Dean’s List), degree(s), past and present participation in officially recognized sports and activities, height and weight of athletes, hometown and photographs. Students may elect to opt out of the release of directory information—the relevant form is available at the Registrar’s Office.
(5) 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, SW
Washington, DC 20202-5901