FERPA Faculty and Staff Information

FERPA for Students
The Family Educational Rights and Privacy Act of
1974, as amended (FERPA)
The Federal Government requires NYCC and all of its employees to comply with all Family
Educational Rights and Privacy Act provisions.
What is FERPA?
FERPA stands for the Family Educational Rights and Privacy Act (also known as the Buckley
Amendment) that originally was enacted in 1974. It was enacted as a species of civil rights
legislation, designed to assert and protect the rights of students. FERPA applies to all
educational agencies or institutions that receive funds under any program administered by
the Secretary of Education.
Briefly, FERPA affords students and parents, if applicable, certain rights with respect to their
education records. It is a Federal law that was designed to assure students access to their
education records, and to protect such individuals’ rights to privacy by limiting the
transferability of their records without their consent.
What rights are granted to students?
There are five basic rights granted to students.
1. The right to inspect and review the education records relating to the student
maintained by the colleges the student attends or has attended.
2. The right to challenge and require the college to amend any portion of the education
records concerning the student that are inaccurate, misleading or otherwise in violation
off the student’s privacy rights.
3. The right to limit disclosure of personally identifiable information contained in their
record.
4. The right to be informed by the college of the rights accorded students under FERPA.
5. The right to file a complaint with the U.S. department of education.

What constitutes “education records”?
Education records are those documents that, taken together, represent “an unabridged
history of the student at the institution.” Examples of these records include, but are not
limited to:
• Admissions records
• Cumulative academic records
• Health records
• Financial Aid records
• Financial records
• Progress records
• Disciplinary records
What type(s) of student information may be released?
The only information that may be released without a student’s consent is called “directory
information”. However, a student does have the right to restrict the release of this
information as well.
What does NYCC consider directory information?
Currently, the College has identified the following items as Directory Information:
1. Name, address, telephone number, e-mail address, photograph, dates of attendance,
class.
2. Previous institution(s) attended, major field of study, awards, honors (including Dean’s
List), degree(s) conferred (including dates).
3. Past and present participation in officially recognized activities, dates and place of birth.
Students are afforded the right to prevent the disclosure of Directory Information in writing (3)
three times a year, at registration.
Can Education records be released without consent?
Education record information may be disclosed without the student's written consent
in the following instances:
a) To the student.
b) If it is "Directory Information" and the student has not restricted its release.
c) If properly subpoenaed pursuant to a judicial, legislative, or administrative proceeding, in
which case NYCC will make a reasonable attempt to notify the student of the subpoena, in
cases where FERPA applies, prior to the release of the information, unless the subpoena
specifically directs that the student is not to be notified.
d) In connection with the student's application or receipt of financial aid as necessary to
determine the eligibility, amount or conditions of the financial aid, or to enforce the terms or
conditions of the aid.

e) In connection with audits or evaluation of federal or state supported educational programs
requiring disclosure of information.
f) To effect collection of past due financial obligations to the College.
g) To authorized representatives of the Comptroller General of the United States, the
Attorney General of the United States, the Secretary of the Department of Education, the
U.S. Citizenship and Immigration Services bureau of the Department of Homeland Security
(with respect to international students), or state or local educational authorities.
h) To the Veterans Administration to determine compliance with educational assistance.
i) In connection with a health or safety emergency as determined by the College
j) To parents of financially-dependent students.
Where do I go for questions on FERPA?
Contact the Registrar’s Office at X3267