The Family Educational Rights and Privacy Act (FERPA) is a federal statute that protects the confidentiality of a student’s educational records. Any requests for records for either current or former students must comply with the requirements of FERPA before they can be released.
This webpage is intended to provide Meharry faculty, students, and employees with a fundamental understanding of FERPA. If you cannot find an answer to your question here or if you are unsure about the application of FERPA to a particular situation, please call the Office of General Counsel at 327-6102.
Review the following questions to answers to our most frequesntly asked questions regarding FERPA:
What qualifies as “educational records” under the statute?
Can directory information be revealed?
How can a student prevent the release of directory information?
When can educational records be released without the student’s consent?
Does Meharry need to provide notice to students of their FERPA rights?
Do we need to provide students with access to their educational records?
Must we provide students with a copy of their records upon request?
Do students and former students have a right to review who has requested their educational records?
What do students not have a right to see?
When can parents review their child’s educational records?
What qualifies as “educational records” under the statute?
Educational records are any records in any format that directly relate to a student and that are maintained by Meharry or any third-party acting on Meharry’s behalf. However, the following types of records are not educational records and therefore do not fall under FERPA (although they may be protected by other statutes or Meharry policies):
Records that were created from information obtained after the person was a student at Meharry (i.e., alumni records) and do not relate to the person as a student;
Medical records;
Employment records that do not relate to the person’s status as a student, provided that they are only used for employment purposes;
Records that are in the sole possession of an instructor who makes them, as long as they are not accessible or revealed to anyone other than a temporary substitute.
Can directory information be revealed?
Directory information (i.e., information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy if disclosed) can be revealed unless the student has requested that the information not be released. This includes information released to Meharry employees unless the employee can demonstrate a legitimate need to know.
Directory information should never include:
- Social security number,
- Student identification number,
- Race,
- Ethnicity,
- Nationality, or
- Gender
How can a student prevent the release of directory information?
To prevent release of directory information, a student must complete a Request to Prevent Release of Directory Information form available at the Meharry Registrar’s office.
When can educational records be released without the student’s consent?
Upon request, FERPA allows release of education records without student consent to the following entities under the following circumstances:
- School employees who have a legitimate educational interest;
- Other schools in which the student is enrolling or is seeking to enroll;
- Accreditation organizations;
- Individuals who have obtained a judicial order or subpoena;
- Organizations performing studies on the school’s behalf;
- Appropriate parties in connection with financial aid to a student to determine eligibility, amount or conditions of financial aid, or to enforce the terms and conditions of aid;
- Parents when a student over 18 is still a dependent for federal income tax purposes (see below);
- Government officials of the U. S. Department of Education, the Comptroller General, and state and local educational authorities, in connection with an audit, authorized representatives of the U. S. Attorney General for law enforcement purposes or state or federally supported education programs;
- Appropriate parties who need to know in cases of health and safety emergencies when necessary to protect the health and safety of the student and/or others;
Those requesting directory information on a student provided the student has not requested his or her information be withheld.
Does Meharry need to provide notice to students of their FERPA rights?
Yes. At the beginning or each academic year, we must provide students with a written notice of their rights under FERPA, including:
- The right to seek correction or amendment of their educational records;
- The right to have some control over the disclosure of their educational records, except when required by law;
- The right to file complaints with the Family Policy Compliance Office, United States Department of Education, within 180 days of alleged violation; and
- An explanation of Meharry’s policy on release of education records to Meharry employees based upon legitimate need.
Do we need to provide students with access to their educational records?
Yes. Students and former students have a right to inspect their educational records within 45 days of making a written request.
Must we provide students with a copy of their records upon request?
No, unless refusing to do so would deny them access to their records. And if copying is necessary, a fee may be charged to the student, unless the fee would deny them access to their records.
Do students and former students have a right to review who has requested their educational records?
Yes, they have a right to see who has requested their personally identifiable information. Accordingly, Meharry should maintain a record of anyone who requests such information.
What do students not have a right to see?
When can parents review their child’s educational records?
