Disclosure of Education Records

IV. Disclosure of Education Records

A. Directory Information
Release of student record information is generally not done at Fordham University without the expressed, written consent of the student. There are, however, some exceptions.

For example, Fordham University, at its discretion, may release the following Directory Information without the student’s consent: student’s name, address, telephone number, electronic mail address, photograph, date and place of birth, major field of study, dates of attendance, grade level, enrollment status (e.g. undergraduate or graduate; full-time or part-time), participation in officially recognized activities and sports, weight and height of members of athletic teams, degrees, honors and awards received (e.g., Dean’s List recognition), and the most recent educational agency or institution attended, and other such similar information.

Please note that you have the right to withhold the release of directory information. To do so, you must complete the Educational Record Sharing (FERPA) Block form (Law School students/alumni Educational Record Sharing (FERPA) Block form), also available on the My.Fordham Student tab under "Electronic Forms." Please note two important details regarding placing a "No Release" (FERPA Block) on your record:

• Fordham University receives many inquiries for directory information from a variety of sources outside the institution, including friends, parents, relatives, prospective employers, scholarship programs, the news media and honor societies. Having a "No Release" on your records will preclude release (block the sharing) of such information, even to those people.
• A "No Release" applies to all elements of directory information on your record. Fordham University does not apply a "No Release" differently to the various directory information data elements.

B. Education Records
The University will not release education records of a current or former student unless written consent from the student is obtained, except that the records may be disclosed without consent from the student when the disclosure is:

1. To school officials who have a legitimate educational interest in the records. A school official is:
   • A person employed by the university in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff).
   • A person elected to the Board of Trustees.
   • A person or entity employed by or under contract to the University to perform a special task, such as an attorney, auditor, contractor, or outside vendor.
   • A person who is employed by the Fordham University law enforcement unit.
   • A student serving on an official committee, such as a disciplinary or grievance committee, or who is assisting another school official in performing his/her tasks.
     
     A school official has a legitimate educational interest if the official is:
   • Performing a task that is specified in his/her position description or contract agreement.
   • Performing a task related to a student’s education.
   • Performing a task related to the discipline of a student.
   • Providing a service or benefit relating to the student or student’s family, such as health care, counseling, job placement or financial aid.
   • Maintaining the safety and security of the campus.
2. To officials of another school, upon request, in which a student seeks or intends to enroll. The student shall receive notification of the disclosure unless the student initiated the disclosure.
3. Subject to the conditions set forth in 34 CFR 99.35 authorized representatives of the Comptroller General of the United States, the Attorney General of the United States, the Secretary of the U.S. Department of Education, or state and local educational authorities.
4. To school officials or lending institutions, in connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to:
   • determine eligibility for the aid;
   • determine the amount of the aid;
   • determine the conditions for the aid; or
   • enforce the terms and conditions of the aid.
     
     
5. To state and local officials or authorities to whom such information is specifically required to be reported or disclosed pursuant to the state statute adopted prior to Nov. 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and the system’s ability to effectively serve the student whose records are released; or information that is allowed to be reported pursuant to a state statute adopted after November 19, 1974, which concerns the juvenile justice system and the system’s ability to effectively serve, prior to adjudication, the student whose records are released. Nothing in this paragraph shall prevent the state from further limiting the number or type of state or local officials who will continue to have access thereunder.
6. To organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating or administering predictive tests, administering student aid programs, or improving instruction, if such studies are conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations that have legitimate interests in the information, and such information will be destroyed when no longer needed for the purpose for which the study is conducted.
7. To accrediting organizations in order to carry out their accrediting functions.
8. To parents or legal guardians of a “dependent” student as defined in Section 152 of the Internal Revenue Code of 1986. The parents must provide a copy of their most recent federal income tax return establishing the student’s dependency. Full rights under the FERPA shall be given to either parent, unless the institution has been provided with evidence that there is a court order, state statute or legally binding document relating to such matters as divorce, separation or custody that specifically revokes those rights. The University does not have an obligation to disclose any financial information about one parent to another. If a parent claims a student as a dependent and does not want his/her financial information disclosed to his/her spouse or former spouse, the parent may make that request to the institution. Parents requesting to see the education records of their children must provide a copy of their latest tax return for verification of dependent status prior to reviewing the records. Students will be defined as dependent unless an annual notification of independent status is made in writing to the Office of Academic Records within ten (10) days after the first day of class.
9. To parents or legal guardians of a student under the age of 21 regarding the student’s violation of any federal, state, or local law, or of any rule or policy of the University governing the use or possession of alcohol or a controlled substance if the University determines that the student has committed a disciplinary violation with respect to such use or possession. In connection with an emergency, appropriate persons, including the student’s parents, if the knowledge of such information is necessary to protect the health or safety of the student or others.
10. To comply with a judicial order or lawfully issued subpoena, provided the university makes a reasonable effort to notify the student of the order or subpoena in advance of compliance. Notification of the student may be prohibited if the university receives a federal grand jury subpoena, or any other subpoena, which orders the existence or the contents of the subpoena or the information furnished in response to the subpoena, not be disclosed. The Office of Legal Counsel shall be consulted prior to release of the record.
11. To an alleged victim of any crime of violence as that term is defined in Section 16 of Title 18, United States Code, or a nonforcible sex offense, the final results of any disciplinary proceeding conducted by an institution of postsecondary education against the alleged perpetrator of that crime or offense with respect to that crime or offense. The Office of Legal Counsel shall be consulted prior to release of the record.

C. Release of Information with Consent of Student
The University will release an education record to a third party upon receipt of a written request by the student. A written request for the release of the records should also be made the Office of Academic Records.

D. Limitation of Third Party Disclosure
The University shall make as a condition for releasing information contained in an education record of a student to a third party that the party in question not release the information to any other individual without the written consent of the student.

E. Record of Request and Disclosure
The University will maintain a record of all requests for and/or disclosure of personally identifiable information from a student’s education records. The record will include the party making the request, any additional party to whom it may be redisclosed, and the legitimate interest (s) the party had in requesting and obtaining the information. The record may be reviewed by the student.