Family Educational Rights and Privacy Act
(Effective Fall 2014, this policy supersedes all previous policies)
The Family Educational Rights and Privacy Act (FERPA) affords eligible students certain rights with respect to their education records. (An 鈥渆ligible student鈥 under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution.) These rights include:
1. The right to inspect and review the student's education records within 45 days after the day New Jersey Institute of Technology receives a request for access. A student should submit to the registrar a written request that identifies the record(s) the student wishes to inspect. The registrar will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the registrar, the registrar shall coordinate access to inspect those records.
2. The right to request the amendment of the student鈥檚 education records that the student believes is inaccurate, misleading, or otherwise in violation of the student鈥檚 privacy rights under FERPA.
A student who wishes to ask New Jersey Institute of Technology to amend a record should write the registrar, clearly identify the part of the record the student wants changed, and specify why it should be changed.
If New Jersey Institute of Technology decides not to amend the record as requested, New Jersey Institute of Technology will notify the student in writing of the decision and the student鈥檚 right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
3 . The right to provide written consent before New Jersey Institute of Technology discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent. See 鈥淎dditional Disclosure Information鈥 below.
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the New Jersey Institute of Technology to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202
Disclosure of Directory Information
New Jersey Institute of Technology, at its discretion, may provide directory information, in accordance with the provisions of the law including a student's name, address, telephone listing, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student.
Students may request to withhold disclosure of directory information. To ensure that a request is properly processed, it must be submitted on the official 鈥楻equest to Prevent Disclosure of Directory Information Form鈥, which is available in the Office of the Registrar. Request for non-disclosure will be honored by New Jersey Institute of Technology for one academic year and must be filed again at the beginning of the next academic year. New Jersey Institute of Technology assumes that failure on the part of any student to specifically request on the official form preventing the disclosure of directory information indicates individual approval of disclosure.
Additional Disclosure Information
FERPA permits the disclosure of PII from students鈥 education records, without consent of the student, if the disclosure meets certain conditions found in 搂99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, 搂99.32 of FERPA regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures. A postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student 鈥
鈥 To other school officials within New Jersey Institute of Technology whom New Jersey Institute of Technology has determined to have legitimate educational interests. A school official is a person employed by New Jersey Institute of Technology in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance committee. 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 New Jersey Institute of Technology. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in 搂99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(2) are met. (搂99.31(a)(1))
鈥 To officials of another school where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student鈥檚 enrollment or transfer, subject to the requirements of 搂99.34. (搂99.31(a)(2))
鈥 To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising New Jersey Institute of Technology State-supported education programs. Disclosures under this provision may be made, subject to the requirements of 搂99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (搂搂99.31(a)(3) and 99.35)
鈥 In connection with financial aid for which the student has applied or for which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (搂99.31(a)(4))
鈥 To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (搂99.31(a)(6))
鈥 To accrediting organizations to carry out their accrediting functions. ((搂99.31(a)(7))
鈥 To parents of an eligible student if the student is a dependent for IRS tax purposes. (搂99.31(a)(8))
鈥 To comply with a judicial order or lawfully issued subpoena. (搂99.31(a)(9))
鈥 To appropriate officials in connection with a health or safety emergency, subject to 搂99.36. (搂99.31(a)(10))
鈥 Information the school has designated as 鈥渄irectory information鈥 under 搂99.37. (搂99.31(a)(11))
鈥 To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of 搂99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (搂99.31(a)(13))
鈥 To the general public, the final results of a disciplinary proceeding, subject to the requirements of 搂99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school鈥檚 rules or policies with respect to the allegation made against him or her. (搂99.31(a)(14))
鈥 To parents of a student regarding the student鈥檚 violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (搂99.31(a)(15))