Family Educational Rights and Privacy Act (FERPA)

The U.S. Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of student education records. The University follows all federal and state laws concerning access, protection, and privacy of student records (other than directory information). Within certain statutory limitations, students, upon reasonable notice, may review their “education records” containing information directly related to themselves. Students will be afforded an opportunity to challenge the accuracy of factual information in their records.

In the event a student challenges a record, the student will be offered a hearing by a University official who has no personal involvement in the matter challenged and shall receive a decision in writing within a reasonable time (not more than 45 days) after the conclusion of the hearing. Should the student fail to appear at the hearing or request an adjourned hearing date prior to the date set for the hearing, a decision shall be issued on the facts available. Students wishing to inspect their records shall direct their requests to the office concerned with those records.

Students may submit a FERPA  Authorization Form on their ConnectOW Portal under the "Registrar Forms" Card.                                    

 * The FERPA waiver requires the referenced person(s) to be physically present with government issued photo ID to access information authorized by the student which can be revoked by the student at any time.

Directory Information

FERPA allows schools to disclose certain directory information without consent. “Directory information” includes information relating to a student’s name, address, e-mail address, phone number, student class level, major field of study, dates of attendance, honors designation and earned degrees. Students who wishes to restrict access to “directory information” must submit a FERPA Directory Information Opt-Out Form.

Exceptions

Student information, other than directory information, will not be released to a third party without the consent of the student to the office housing the requested records, with the following exceptions:

  • The University will cooperate with all legal authorities in every way appropriate, in accordance with all federal and state laws. The office receiving a request for such cooperation shall immediately seek approval for the release of the requested information from the Records Access Officer.
  • The University discloses 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 is a person employed by the University 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 University has contracted as its agent to provide a service instead of using University employees or officials;  a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. 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 University.
  • Although the following are part of the educational record, students do not have access to letters or statements of recommendation submitted in confidence for school records prior to January 1, 1975, provided these records are not used by the school for other than the original intended purpose; and Financial records of the parents of the students or any information directly related to the parents’ financial status.  
Solomon Amendment

The Solomon Amendment is a federal law that allows the Department of Defense to request student recruitment information from institutions which supersedes most elements of FERPA. Student Recruiting Information as defined by the Solomon Amendment includes, name, address, phone numbers, age, academic major and education level. An institution is therefore obligated to release data included in the list of "Student Recruiting Information," which may or may not match “Directory Information”. HOWEVER, if a student has submitted the FERPA Opt-Out of directory information SUNY Old Westbury will not provide data on the student.  

Information released is limited to military recruiting purposes only - Army (Army, Army Reserve, Army National Guard), Navy (Navy, Navy Reserve), Marine Corps (Marine Corps, Marine Corps Reserve), Air Force (Air Force, Air Force Reserve, Air Force National Guard), Coast Guard (Coast Guard, Coast Guard Reserve). Military recruiters may request student recruitment information once each semester. Military recruiters must complete a Military Request for Student Information form and attach an official request, on letterhead, that clearly identifies the military recruiting organization. 

Training
FERPA 101: For Colleges & Universities

Course duration 35-45 minutes.

Additional Resources

U.S. Department of Education's Student Privacy Policy