FERPA guidelines for MGH Institute students.

1. Information for Students
MGH Institute of Health Professions
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2. What is FERPA?
 The Family Educational Rights and Privacy Act (FERPA) (20
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U.S.C. § 1232g; 34 CFR Part 99) is a federal law that
protects the privacy of student education records.
FERPA was passed in 1974 and is one of the oldest federal
privacy laws.
It prohibits schools from releasing student “education
records” without the consent of the eligible student.
FERPA applies to all schools that receive federal funding.
All students enrolled in institutions of higher education,
regardless of age, own their FERPA rights.

3. Defining Educational Records
 Records, files, documents, and other materials that
contain information directly related to a student and
which are maintained by an educational agency or
institution or by a party acting for the agency or
institution.
 This is very broad definition as it encompasses paper files,
electronic files, video recordings, audio recordings, and
other data.
 Educational records are made up of “Directory”
(described in upcoming slides) and “Non-Directory”
information.

4. Student Rights
Student rights begin when a student registers for courses for the
first time. These rights include:
 Inspection and review of educational records.
 Requesting an amendment of educational records.
 Consent to the disclosure of educational records.
 Filing a complaint with the FERPA office in Washington, D.C.
 Obtaining a copy of the school’s FERPA policy.
 The Institute publishes its FERPA policy in the most current
online catalog under the Students Rights to Privacy Information
– FERPA section and students are informed in our Annual Notice
to Students.
 FERPA information can also be found on the Registrar’s section of
our website.

5. How is FERPA enforced?
 FERPA is legally enforced through the Department of
Education’s Family Policy Compliance Office.
 People cannot sue a school for violating FERPA. This was
addressed by the U.S. Supreme Court in Gonzaga
University v. Doe.
 FERPA authorizes the Department of Education to end ALL
federal funding to a school. This penalty is rare. In all of
FERPA’s history, this sanction has never been imposed on
a school.

6. Disclosure
 The Institute may disclose directory information without consent.
 The Institute must allow eligible students a right to opt out of the
disclosure of directory information.
 The Institute must have written permission from the student to
release any part of their education record that is not considered to
be directory information.
 Exceptions to the previous bullet include, but are not limited to,
 School official with legitimate educational interest (defined in
upcoming slide).
 Subpoena or court order.
 Health or safety emergency.

7. Disclosure (continued)
DISCLOSURE TO PARENTS:
 At institutions of higher education, FERPA rights belong to the
student , and parents are generally not entitled to access the
student’s record without the student’s written consent.
 According to federal law, disclosure to parents is permitted, but not
required, only in the following situations.
 If the student is claimed as a dependent for federal income tax
purposes. Note – this is up to the individual Institution.
 In a health or safety emergency.
 If the student is under 21 years old, and the information involves
disciplinary records about an incident involving the possession of drugs
or alcohol.
It is important to note that the Institute has chosen not to communicate any
non-directory education record information to parents without written
consent from the student.

8. Legitimate Educational Interest
 Non-directory (confidential) education records can be
released without the student’s prior consent to an
Institute official with legitimate educational interest,
which is defined as:
 Performing a task that is specified in his/her position
description or contract.
 Performing a task related to a student’s education or a
student’s discipline.
 Providing a service or benefit to the student.
 Maintaining safety and security on campus.

9. What isn’t covered by FERPA?
 Sole Possession (personal) notes
 Used only to aid your memory.
 Kept for your own use.
 Are not shared with anyone.
 If you share these with anyone, including school officials, they become FERPA
records.
 Observations or personal knowledge;
 Example: overhearing a student making a threatening comment, a student’s
demeanor or mood, etc.
 Law enforcement/public safety records;
 Maintained solely for law enforcement purposes.
 Employment records;
 As long as employment is NOT connected to student status.
 Treatment records;
 Made and maintained by a health care professional as part of
medical/psychological treatment of the student.

10. Disclosure
 The Institute may disclose directory information without consent.
 The Institute must allow eligible students a right to opt out of the
disclosure of directory information.
 The Institute must have written permission from the student to
release any part of their education record that is not considered to
be directory information.
 Exceptions to the previous bullet include, but are not limited to,
 School official with legitimate educational interest (defined in
upcoming slide).
 Subpoena or court order.
 Health or safety emergency.

11. Disclosure (continued)
DISCLOSURE TO PARENTS:
 At institutions of higher education, FERPA rights belong to the
student , and parents are generally not entitled to access the
student’s record without the student’s written consent.
 According to federal law, disclosure to parents is permitted, but not
required, only in the following situations.
 If the student is claimed as a dependent for federal income tax
purposes. Note – this is up to the individual Institution.
 In a health or safety emergency.
 If the student is under 21 years old, and the information involves
disciplinary records about an incident involving the possession of drugs
or alcohol.
It is important to note that the Institute has chosen not to communicate any
non-directory education record information to parents without written
consent from the student.

12. Directory Information
Information contained in an education record of a student
which would not generally be considered harmful or an
invasion of privacy if disclosed. (1988 Final Regulations)
 Directory information as defined by the Institute:
Name, address, telephone listing, email
Address, Photograph, Date and Place of Birth, Class, Enrollment
Status, Major Field of Study, Participation in official recognized
activities, Dates of attendance, academic honors, Degrees and
awards received, the most recent previous educational agency or
institution attended.

13. Directory Information
 Students may opt to restrict the release of their Directory
information.
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FERPA flags will not exclude the student from appearing on
internal reports used by school officials with legitimate
educational interest.
 The only exclusion that applies to school officials is the release
related to internal mailing lists based on ethnicity.
Students may set these flags by going to IONLINE and setting
their privacy options.
 Please note that any requests for directory information on
individual students or groups of students should be sent to the
Registrar’s Office.

14. Legitimate Educational Interest
 Non-directory (confidential) education records can be
released without the student’s prior consent to a school
official with legitimate educational interest, which is
defined as:
 Performing a task that is specified in his/her position
description or contract;
 Performing a task related to a student’s education or a
student’s discipline;
 Providing a service or benefit to the student; or
 Maintaining safety and security on campus.

15. When do the FERPA rights of a student begin? At
application? Admission? Payment? Enrollment?
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The FERPA rights of a student begin when the student is first
registered for courses.

16. Thank you for reviewing
FERPA Information
for Students at the
MGH Institute of Health Professions
If you have any questions, please
contact the Registrar’s Office at
Registrar@mghihp.edu