Family Educational Rights and Privacy Act (FERPA)
Purpose: The purpose of this policy is to provide a process by which individuals/organizations may request FERPA-protected information, to provide guidelines for responding to those requests, and to provide guidance for communicating FERPA-protected information to students, authorized parties and personnel. Definitions: Directory information – information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. This term includes a student’s name, address, telephone number, MCW email address, photographs and electronic images, date and place of birth, major field of study, enrollment status, dates of attendance, degrees, awards and academic honors received (including names of scholarships), and residency placements. Education record — any record (in handwriting, print, tapes, film, electronic or other medium) maintained by MCW or its agent, that is directly related to an MCW student, except: 1. A record kept in the sole possession of the creator, used as a personal memory aid, and not accessible or revealed to any other person except a temporary substitute for the creator of the record. 2. An employment record of an individual who is not employed at MCW as a result of the fact that he or she is a student. This record is made in the normal course of business, relates exclusively to the individual in his/her capacity as an employee, and is not available for use for any other purpose. This exception does not include records of a student who is employed by MCW as a result of his/her status as a student. 3. Records which are created and maintained by MCW Public Safety in furtherance of that office’s duties at MCW. 4. Records on a student who is 18 years of age or older, or who is attending an institution of postsecondary education, that are made or maintained by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional acting in his or her professional or paraprofessional capacity, and used only in connection with the treatment of the student and disclosed only to individuals providing that treatment. “Treatment” does not include remedial educational activities or activities that are part of an MCW program of instruction. Note: Immunization records are considered education records. 5. Records created or received by MCW after an individual is no longer in attendance, and that do not directly relate to the individual’s attendance as a student. FERPA – Family Educational Rights and Privacy Act (20 U.S. Code §1232g; 34 C.F.R. Part 99) Law Enforcement Unit - any individual, office, department, division, or other component of an educational agency or institution, such as a unit of commissioned police officers or non-commissioned security guards, that is officially authorized or designated by that agency or institution. Parent —includes a natural/adoptive parent, a guardian or an individual acting as a parent in the absence of a parent or a guardian, of the student. Personally Identifiable Information – This term includes but is not limited to the student’s name, the name of the student’s parent or other family members, the address of the student or his/her family, a personal identifier such as the students date / place of birth, student number of biometric record; indirect identifiers such as mother’s maiden name; other information provided under 34 C.F.R. §99.3. Record custodian — MCW employee, or designee, who maintains education records. School official - · A person employed by MCW in an administrative, supervisory, academic, research or support staff position (including law enforcement unit personnel and health staff). · A student serving on an official committee, such as a disciplinary or grievance committee. · An auditor, contractor, consultant, volunteer, or other party to whom MCW has outsourced institutional services or functions, provided that party: 1) performs an MCW service or function for which MCW would otherwise use employees, 2) Is under MCW’s direct control regarding use and maintenance of the education records; and 3) is subject to FERPA guidelines governing the use and re-disclosure of personally identifiable information from education records. Student — any person for whom MCW maintains an education record. This includes those who currently attend or have attended MCW. Student status begins the first day of the first term in which the student is in attendance. Policy: This policy is based on FERPA provisions. Directory Information Such restrictions will be effective for the balance of that semester only, except that such a restriction will not apply to material already printed or in the process of being printed when the request for restriction is received by MCW. FERPA's protection of Personally Identifiable Information within an education record ends at the time of the student's death. Procedure: Annual Notification to Students of FERPA Rights Annual notifications to students of their FERPA rights regarding their education records will inform them of their rights to: 1. Inspect and review their education records, subject to the limitations set forth in 34 C.F.R. 99.12; 2. Request that MCW amend any portion of an education record that the student believes is inaccurate, misleading or otherwise in violation of the student’s privacy rights; 3. Consent to disclosures of all personally identifiable information contained in the student's education records. NOTE: The following exceptions permit MCW to disclose this information without the student’s consent: a. The disclosure is to school officials within MCW with legitimate educational interests, which are defined as: (i) Conducting business specified in the school official’s position description or contract or pursuant to written/oral direction from a supervisor or the school dean; (ii) Conducting business related to a student's education; (iii) Conducting business related to the discipline of a student; or (iv) Providing a service or benefit relating to the student, such as health care, counseling, job placement, honor societies and academic honors consideration, or financial aid including scholarships; b. The disclosure is to officials of another school, school system, or institution of postsecondary education where the student seeks or intends to enroll, or where the student is already enrolled as long as the disclosure is for purposes related to the student’s enrollment or transfer; c. The disclosure is to authorized representatives of the Comptroller General of the United States; the Attorney General of the United States; the Secretary of the US Department of Education; or state and local educational authorities; d. The disclosure is in connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to: (i) determine the eligibility for the aid; (ii) determine the amount of the aid; (iii) determine the conditions for the aid; or (iv) enforce the terms and conditions of the aid; e. The information being disclosed is directory information pursuant to this policy; f. The disclosure is to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals; and/or g. The disclosure is made pursuant to a valid court order or subpoena. 4. File with the US Department of Education a complaint under 42 C.F.R. §99.63 and §99.64 concerning alleged failures by MCW to comply with this section. For purposes of MCW, students may also submit complaints alleging MCW’s non-compliance with this or any other portion of this policy to the Office of the Registrar within their respective schools, or the MCW Office of Corporate Compliance. Training Requests to Inspect Education Records 1. At the time of the request, the student must provide proper identification containing a photo ID, verifying that he/she is the person whose record is being accessed. 2. MCW shall make good faith efforts to ensure the desired records are made available for inspection and review within ten (10) calendar days, but in no event later than forty-five (45) calendar days, from the appropriate records custodian’s receipt of the student's request. 3. The designated staff person(s) must supervise the student’s review of the record contents. 4. Students will be free to make notes concerning the contents but will not be allowed to remove any materials from the records at the time of inspection. When a record contains information about more than one student, the student may inspect and review only that portion of the record that relates to the student making the request. All requests must comply with this policy, and MCW reserves the right to reject any non-compliant or incomplete request. MCW reserves the right to refuse the student access to the following information and/or portions of his / her education records: 1. Financial statements submitted by the student’s parent(s)/guardian, or spouse. Such documents are not considered to be part of the student's education records and can only be accessed with written consent of the parent(s)/guardian or spouse; 2. Confidential letters and confidential statements of recommendation placed in the education records of the student before January 1, 1975, as long as such statements are used for the purposes for which they were specifically intended; 3. Confidential letters and confidential statements of recommendation placed in the student’s education records after January 1, 1975 if the student has waived his/her right to inspect the same, and those letters and statements are related to the student’s admission to MCW, application for employment, or receipt of an honor or honorary recognition. 4. Those records that are excluded from the FERPA definition of education records. Refusal to Provide Copies 1. The student has an unpaid financial obligation to MCW; 2. There is an unresolved disciplinary action against the student; 3. There is an unresolved academic action against the student; or 4. The request is for copies of transcripts or test scores received from other academic institutions or organizations. Fees for Copies of Records Requests to Amend Education Records The Medical College of Wisconsin reserves the right, in its sole discretion, to revise its procedures regarding the Family Educational Rights and Privacy Act at any time and without notice in light of changes to applicable legal rules. References: Family Educational Rights and Privacy Act (FERPA)
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