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Family Educational Rights and Privacy Act – FERPA

Office of the General Counsel

FERPA is a federal law that protects the privacy of student education records. While the University may disclose certain information, referred to as “directory information,” the University generally must have written permission from a parent or eligible student in order to release any other information from a student’s education record.

Directory information may be released by the University without a student’s permission unless the student states that they do not want their directory information released. The student must submit this request using the FERPA – Do Not Disclose e-FORM which can be accessed from the myMU student portal. The “Do Not Disclose” will remain in place indefinitely unless the student submits a written request to have it removed.

The following links provide additional information regarding the types of records covered by FERPA, exceptions to the non-release of records, and information considered as directory information by the University.

Education Records

  1. Records directly related to a student maintained by the University
  2. Includes all forms of information (paper, computer, tape, oral, etc.)

Non-Education Records

  1. Records of University personnel in sole possession of maker; no access
  2. Records created and maintained by law enforcement unit for law enforcement purpose (does not include regular education records in possession of law enforcement unit)
  3. Records of employment concerning non-student employees
  4. Records maintained by doctor, psychiatrist, psychologist, or other professional used only for treatment of student and not available to others (can be reviewed by professional of student’s choice)
  5. Financial records of student’s parents
  6. Confidential letters and statements of recommendation placed in record before January 1, 1975 and not used for other purpose
  7. Confidential recommendations respecting admission, application for employment, or receipt of an honor if student waived right of access; waiver valid only if optional, student may on request be notified of all persons making such recommendations and recommendations used solely for purpose intended

Exceptions to Non-Release of Records

  1. Student (limited to release of student’s own record)
  2. Other University officials with legitimate educational interest
  3. Officials of other institutions in which student seeks to enroll
  4. Authorized representatives of the U.S. Comptroller General, Secretary of Education, Attorney General, or State educational authorities
  5. In connection with application for or receipt of financial aid
  6. State or local officials pursuant to state law in connection with the administration of the juvenile justice system
  7. Researchers, if the information does not permit the personal identification of students and information is destroyed when not needed
  8. Accrediting organizations, to carry out their functions
  9. Parent of dependent student (if listed as dependent on tax return) unless court order, law, or legally binding document specifically revokes rights
  10. In connection with emergency if necessary to protect health or safety of student or others (narrowly construed)
  11. Federal grand jury subpoena (court order no disclosure to student)
  12. Other law enforcement subpoena (court may order no disclosure to student)
  13. Other judicial order or subpoena (prior notice to student in advance of release)
  14. Directory information (if notice and no objection)
  15. With written consent of student specifying records to be released, reasons for release, and to whom released
  16. Results of any University disciplinary hearing against a student to alleged victim of any crime of violence or a non-forcible sex offense
  17. Alcohol and drug offenses to parents/guardians of students under 21

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. Directory information includes the following:

  • Address
  • Biographical data for public relations purposes
  • Birth date
  • Birthplace
  • Class level
  • Dates of attendance at Monmouth University
  • Degrees and awards received at Monmouth University
  • Degree candidacy
  • Degree status
  • Major field of study
  • Most recent previous educational institution attended
  • Participation in recognized activities and sports
  • Photographs of student
  • Registered credits for the current term
  • Student’s name
  • Official student e-mail address
  • Student’s I.D. number
  • Telephone number
  • Veteran’s status