FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT (FERPA)
Who
can release student information?
An institution may disclose personally identifiable information without
the student's written consent to "school officials" whom the institution
has determined to have a "legitimate educational interest."
Obligation to release record information
An institution is not obligated to release directory information to
anyone. FERPA only says that an institution MAY release information, but
there is no obligation to do so. When in doubt, do not release
information.
Deceased students
The privacy rights of an individual expire with that individual's death.
Records held by an institution for a deceased person is not a FERPA
issue but a matter of institutional policy. NYIT will exercise its own
discretion in deciding whether, and under what conditions, information
should be disclosed to survivors or third parties.
Student workers
FERPA does not preclude an institution from identifying students as
"school officials" with a "legitimate educational interest" for specific
purposes. The same requirements and responsibilities for a full time
school official exist for student workers. The student workers must be
trained on FERPA just as if they were faculty or staff.
Fraternities/Sororities
Many fraternities and sororities maintain scholarship committees,
academic excellence awards and related types of activities that are
based upon personally identifiable information. However, fraternity and
sorority members in charge of these activities are not "university
officials" and may not have access to student record information, unless
the student has provided written authorization.
Financial holds
Students have the right to inspect the contents of their student folder,
regardless of their financial status with the institution. However, an
institution is NOT REQUIRED to release an official transcript if
the student has a past due account.
Subpoenas
At NYIT, all subpoenas are first reviewed by the Office of General
Counsel to determine the appropriate course of action.
Crisis situations/Emergencies
If non-directory information is needed to resolve a crisis or emergency
situation, an education institution may release that information if the
institution determines that the information is "necessary to protect the
health or safety of the student or other individuals." Factors to be
considered or questions to be asked in making a decision to release such
information in these situations are: (1) the severity of the threat to
the health or safety of those involved; (2) the need for the
information; (3) the time required to deal with the emergency; (4) the
ability of the parties to whom the information is to be given to deal
with the emergency.
Who to contact with questions/concerns
General questions may be directed to the Office of the General Counsel
or the Office of Student Life, as appropriate.
NYIT General Counsel: 516.686.7792
Office of Student Life:
516.686.7635