FERPA Consent Form

The FERPA Consent Form must be completed by the student.

FERPA Consent to Release Educational Records Waiver (downloadable PDF)

The Family Educational Rights and Privacy Act (FERPA) is a Federal law that protects the privacy of student education records. FERPA gives parents certain rights with respect to their children's education records. Once a student turns 18 or enrolls in an institution of higher education, the rights belong to the student. The student's primary rights are: the right to inspect and review their education record; the right to seek to amend their education record; and the right to have some control over the disclosure of information from education records. The FERPA statute is found at 20 U.S.C. § 1232g and the FERPA regulations are found at 34 CFR Part 99. For more information, visit the Department of Education website.

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An education record is any record that contains information directly related to a student that is maintained by the institution. This includes, but is not limited to, grade information, disciplinary documentation and billing and financial aid data.

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Records not considered part of an education record include, but are not limited to, records of the law enforcement unit of an educational institution, records made or maintained by a physician or other recognized professional acting in his or her professional capacity, and records that only contain information about an individual after he or she is no longer a student at the institution.

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There are several exceptions to FERPA's general prior consent rule that are set forth in the statute and the regulations. See § 99.31 of the FERPA regulations.

One exception is the disclosure of "directory information" if the school follows certain procedures set forth in FERPA. (34 CFR § 99.31(a)(11).)

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FERPA defines directory information as information contained in the education records of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Champlain defines directory information as the following: name, sex, marital status, home and school address, email address, phone number, major field of study, extracurricular activities, dates of attendance, degrees, honors or awards you have received, your photograph or video image, the most recent education institution you attended, and your parents' names, addresses and phone numbers.

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Students may choose to have their directory information marked confidential at any time by submitting a written request to the Registrar's Office.

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Consent will remain in effect until a student submits a notification in writing revoking their consent.

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Students may submit a notification in writing, at any time, directing the College to no longer release information to their parent(s) or guardian(s). This written notification must be submitted to Compass Student Services.

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As noted above, the rights under FERPA transfer from the parents to the student once the student turns 18 years old or enters a postsecondary institution at any age.

However, although the rights under FERPA have now transferred to the student, a school may disclose information from an eligible student's education records to the parents of the student, without the student's consent, if the student is a dependent for tax purposes. Neither the age of the student nor the parent or guardian's status as a custodial parent is relevant.

If a student is claimed as a dependent by either parent for tax purposes, then either parent may have access under this provision. (34 CFR § 99.31(a)(8).)

Parents or guardians may also have access to their student's education record if the student has signed, dated and submitted a Consent to Release of Education Records waiver described above.

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Yes, if the student is under the age of 21 at the time of the disclosure. FERPA was amended in 1998 to allow such disclosures. See § 99.31(a)15 of the FERPA regulations.

Also, if the student is a dependent student as defined in FERPA, the institution may disclosure such information regardless of the age of the student.

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A student's social security number is personally identifiable information under FERPA, and may not be disclosed in any form without consent.

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Yes. By signing the consent form, students give the College authority to share information contained in the student's educational record to their parent or guardian. FERPA does not allow for information to be released on the assumption that if the student is in the room that they have given their consent.

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Since we cannot be sure the person sending the email is who he or she claims to be, grades may not be sent to general email accounts. However, faculty may send grades to the official email account the College created for the student (samplestudent@mymail.champlain.edu).

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This guide has been developed based upon information that has come mainly from the U.S. Department of Education Family Policy Compliance Office's (FPCO) website. The FPCO oversees institutional compliance to FERPA.

On campus, please contact Compass Student Services at compass@champlain.edu for help regarding FERPA.

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