FERPA (Family Educational Rights and Privacy Act)
Purpose
The federal Family Educational Rights and Privacy Act (“FERPA”), 20 U.S.C. § 1232g, 34 C.F.R. Part 99, also known as the Buckley Amendment, was passed by Congress in 1974. All institutions that receive federal financial aid are required to comply with FERPA. The purpose of this policy (the “Policy”) is to outline the protections under FERPA and the procedures by which eligible students can request their education records from Seton Hall University (the “University”).
Scope
This is a University-wide policy.
Definitions
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- Education Records. “Education Records” are records that are (1) “directly related to a student”; and
(2) maintained by the University or a third party. Examples include: Biographical
information; grades, test scores and evaluations; course work including papers and
exams; class schedules or rosters; disciplinary records; billing and financial aid
records; admission records; and internship program records. Certain records are not
education records, such as: sole possession records (for example: faculty, adviser
or administrator notes) that are used as a memory aid, as long as they are not shared
with others or put into a student’s file; campus security records; records made or
maintained by a physician, psychiatrist, psychologist, or other recognized professional
or paraprofessional if the records are used only for treatment of a student and made
available only to those persons providing the treatment; and alumni records, which
contain information about a student after he or she is no longer in attendance at
the University and which do not relate to the person as a student.
- Eligible Student. “Eligible Student” means a current or formerly enrolled student at the University,
who is at least eighteen (18) years of age.
- Directory Information. “Directory Information” means information contained in an education record of a student
that would not generally be considered harmful or an invasion of privacy if disclosed.
- Personally Identifiable Information. “Personally Identifiable Information” means information that, alone or in combination, is linked to a specific student that would allow a reasonable person in the University community, who does not have personal knowledge of the relevant circumstances, to identify the Eligible Student with reasonable certainty, or information requested by someone who is reasonably believed to know the identity of the Eligible Student. This includes, but is not limited to, name, name of family members, address of student or family, personal identifiers (social security numbers, student numbers, biometric records), and indirect identifiers (date of birth, place of birth, mother’s maiden name).
- Education Records. “Education Records” are records that are (1) “directly related to a student”; and
(2) maintained by the University or a third party. Examples include: Biographical
information; grades, test scores and evaluations; course work including papers and
exams; class schedules or rosters; disciplinary records; billing and financial aid
records; admission records; and internship program records. Certain records are not
education records, such as: sole possession records (for example: faculty, adviser
or administrator notes) that are used as a memory aid, as long as they are not shared
with others or put into a student’s file; campus security records; records made or
maintained by a physician, psychiatrist, psychologist, or other recognized professional
or paraprofessional if the records are used only for treatment of a student and made
available only to those persons providing the treatment; and alumni records, which
contain information about a student after he or she is no longer in attendance at
the University and which do not relate to the person as a student.
Policy
A. Rights of Eligible Students
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- The right to inspect and review the Eligible Student’s Education Records.
How does a student do this? A student should submit to the University Registrar, dean, head of the academic department, or other appropriate official, who maintains the education records desired, a written request that identifies the record(s) that the Eligible Student wishes to inspect. The University official who maintains the record will make arrangements for access and notify the Eligible Student of the time and place where the records may be inspected. If the records are not maintained by the University official to whom the request was submitted, that official shall advise the Eligible Student of the correct official to whom the request should be addressed. The right to inspect does not entitle the Eligible Student to have copies of their Education Records--only to view them. Individuals may be required to come to campus to do so. Special arrangements can be made if the distance is not commutable. Nonetheless, the University official who maintains the Education Records sought has the discretion to provide the Eligible Student with copies. If copies are being provided by email, they may only be provided to the Eligible Student via the Eligible Student’s University email account. -
The right to request the amendment of the Eligible Student’s Education Records.
How does a student do this? If an Eligible Student believes that any of the Education Records relating to them contain information that is inaccurate, misleading, or otherwise in violation of their rights of privacy, the Eligible Student may ask the University to correct or delete such information. The Eligible Student should write the University official responsible for the Education Record, clearly identify the part of the Education Record the Eligible Student wants changed, and specify why it should be changed. The Eligible Student may also ask that additional explanatory material be inserted in the Education Record. The University is not required to grant such a request. If the University decides not to amend the Education Record as requested, the University will notify the Eligible Student in writing of the decision and the Eligible Student’s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the Eligible Student when notified of the right to a hearing. -
The right to provide prior written consent for the disclosure of an Eligible Student’s Personally Identifiable Information contained in Education Records, except to extent that FERPA authorizes disclosure without consent.
How does a student do this? All Education Records, except for Directory Information, are kept confidential and cannot be released without the Eligible Student’s consent or an exception under FERPA. Students may, however, request that Directory Information also be kept confidential as set forth below. -
The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA.
How does a student do this? Complaints can be sent to:
Student Privacy Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5901
- The right to inspect and review the Eligible Student’s Education Records.
B. Directory Information.
An Eligible Student’s information may be considered Directory Information or non-directory
information. Information that is considered Directory Information may be released
without the Eligible Student’s permission, at the discretion of the University, unless
the Eligible Student has specifically submitted a request in writing to the Office
of the Registrar requesting that all Directory Information be kept confidential and
treated as non-directory information. If an Eligible Student requests that all Directory
Information be kept confidential, the University cannot release information to anyone,
even a prospective employer, unless an exception under FERPA applies. This level of
confidentiality will remain in place even after the Eligible Student withdraws or
graduates, and cannot be removed unless the Eligible Student submits a request in
writing to have it removed.
Under FERPA, every institution must determine what information will be considered
Directory Information. The following information is considered by the University to
be Directory Information and may be released at the discretion of the University:
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- Student’s name
- address (any on file)
- telephone number (any on file)
- e-mail address (any on file)
- date and place of birth
- major field of study
- participation in recognized activities and sports
- photographs or videos
- information on height and weight of athletic team members
- dates of attendance
- expected date of graduation
- degrees and awards received
- most recent previous educational institution attended
- and high school attended
All other information contained in Education Records are not categorized as Directory Information and cannot be released to anyone but the Eligible Student without the Eligible Student’s consent on file (with the exception of legitimate University officials and the other exceptions noted below). Students can provide consent to permit specific individuals (such as parents, guardians) to access to their Education Records by completing the FERPA Authorization as explained below.
C. Permitted Disclosures. The University can disclose an Eligible Student’s Educational Records without a student’s prior written consent under the FERPA exception for disclosure to University officials with legitimate educational interests. A University official is:
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- * A person employed by the University in an administrative, supervisory, academic, research, or support staff position (including Public Safety personnel and health staff);
- * A contractor or volunteer outside of the University who performs an institutional service or function for which the University would otherwise use its own employees and who is under the direct control of the University with respect to the use and maintenance of the Education Records (such as an attorney, auditor, or collection agent);
- * A person serving on the Board of Trustees or Board of Regents; or
- * A student serving on an official committee, such as a disciplinary or grievance committee, or assisting another University official in performing his or her tasks.
A University 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.
FERPA also permits the disclosure of Education Records and/or Personally Identifiable Information without the Eligible Student’s consent in certain instances. Some examples include, but are not limited to, the following:
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- In compliance with any needs resulting from audits, compliance, program reviews or accreditation by any federal or state agency, as well as any independent organization or body responsible for related oversight.
- To comply with a judicial order or a lawfully-issued subpoena.
- To organizations conducting certain studies for or on behalf of the University.
- To appropriate parties in a health or safety emergency.
- To parents of an Eligible Student who is claimed as a dependent for income tax purposes. In this case, the parent must provide an IRS Tax transcript each time the parent requests this information if a FERPA authorization for this parent is not on file. The IRS tax transcript must be submitted directly to the office which holds the records in question along with a written request to access the specified student’s Education Records. The tax transcript will be required even if the transcript is already on file with the University for financial aid purposes.
Any University official receiving requests for Education Records or Personally Identifiable Information from any source other than from a current or former Eligible Student must notify the Office of the Registrar for further instruction.
D. Granting Access.
- Current Students. A current Eligible Student may authorize a parent/guardian or other person to have
access to, or discuss, their Education Records with University faculty, staff or administrators.
To grant this access, the Eligible Student must complete the FERPA Authorization Form,
located in the Academics tab in a channel labeled 'FERPA' in PirateNet.
The following information must be entered by the Eligible Student to accord access to the Eligible Student’s Education Records to a parent/guardian/other:
- The name of the person and that person’s relationship to the Eligible Student;
- The scope of access being granted to the designated person (options include all records, just academic records, just financial records, just billing records, both financial aid and billing records); and
- A PIN (4-digit number) which the Eligible Student must provide to the authorized party.
Authorization to access Education Records does not entitle the authorized party to obtain copies of the Education Records, nor does it grant online access to the Eligible Student’s Education Records. Primarily, the purpose of the authorization is to enable the authorized third party to discuss matters pertaining to academic, billing, or financial matters. - Former Students. If an Eligible Student’s enrollment at the University lapses, whether due to withdrawal, graduation, dismissal or any other reason, the FERPA Authorization Form is no longer valid. The former Eligible Student may still request their own Education Records or may authorize his/her representatives, through a written consent compliant with FERPA, to receive Education Records and/or to discuss matters on the Eligible Student’s behalf, such as pertaining to payments.
E. Compliance. All University offices are responsible for administering, implementing and enforcing this Policy with respect to the Education Records generated and maintained by their respective offices.
Responsible Office
Office of the Registrar
Related Policies
Records Retention and Disposition Policy
Confidential Information Policy
Approval
Approved. Amended and approved by Monsignor Joseph R. Reilly, S.T.L., Ph.D., President, on the recommendation of the Executive Cabinet, on August 19, 2026.
Effective Date
January 10, 2019. Amended: August 19, 2026