Federal Education Rights and Privacy Act (FERPA)
CUNY-Office of the General Counsel February 2009
GUIDELINES FOR THE IMPLEMENTATION OF THE STUDENT RECORDS ACCESS POLICY AND THE FEDERAL FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)
The Student Records Access Policy of the Board of Trustees of The City University of New York (CUNY) provides that the University and its colleges shall be in full compliance with the Federal Family Educational Rights and Privacy Act (FERPA) and its implementing regulations. These Guidelines contain the following four sections: (I) requirements of FERPA, (II) components of directory information which may be released without prior consent, (III) annual notification of students’ rights concerning educational records and directory information; (IV) rights of appeal to the Office of the General Counsel and Vice Chancellor for Legal Affairs.
Student Consent Required
A student's written consent is required to disclose personally identifiable information contained in education records, with the exception of directory information (Section II) and the other exceptions noted in these Guidelines (Section I(E )). The student's written consent must: (1) specify the records that may be disclosed; (2 ) state the purpose of the disclosure; and (3) identify the party or class of parties to whom the disclosure may be made. The FERPA Release Form attached as Attachment A hereto complies with these requirements.
At the end of these Guidelines, five forms are attached which are necessary for the College’s compliance with FERPA, as follows:
A. FERPA Release Form (form to be signed by students giving permission for third parties to access their education records).
B. College Denial of Appeal for Access to Records (with notice of right to appeal to the Office of the General Counsel and Vice Chancellor for Legal Affairs).
C. FERPA Appeal to the General Counsel and Vice Chancellor for Legal Affairs.
D. Directory Information Non-Disclosure Form (informing students of the categories of directory information and giving them the right to object to the disclosure of all or any of the categories).