Family Educational Rights & Privacy Act (FERPA)

WPI’s Annual Notification of Rights under FERPA for Postsecondary Institutions

The Family Educational Rights and Privacy Act (FERPA) affords eligible students certain rights with respect to their education records. (An “eligible student” under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution at any age.) These rights include:

1. The right to inspect and review the student's education records within 45 days after the day Worcester Polytechnic Institute 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 school official 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 school official to whom the request was submitted, that official shall coordinate with the correct official to address the request.

    

2. The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.

   A student who wishes to ask Worcester Polytechnic Institute to amend a record should write the University Registrar, clearly identify the part of the record the student wants changed, and specify why it should be changed.

   If Worcester Polytechnic Institute decides not to amend the record as requested, Worcester Polytechnic Institute will notify the student in writing of the decision and the student’s 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 Worcester Polytechnic Institute discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent.

   Worcester Polytechnic Institute discloses education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is typically includes a person employed by the Worcester Polytechnic Institute 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 also may include a volunteer or contractor outside of the Worcester Polytechnic Institute who performs an institutional service of function for which the school would otherwise use its own employees and who is under the direct  control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another school official in performing his or her tasks. A school official typically has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the Worcester Polytechnic Institute.

   Upon request, the school also discloses education records without consent to officials of another school in which a student seeks or intends to enroll.

    

4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the Worcester Polytechnic Institute to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:

   Student Privacy Policy Office
   U.S. Department of Education
   400 Maryland Avenue, SW
   Washington, DC 20202

FERPA permits the disclosure of PII from students’ education records, without consent of the student, if the disclosure meets certain conditions found in § 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, § 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 —

• To other school officials, including teachers, within Worcester Polytechnic Institute whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in § 99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(3) are met. (§ 99.31(a)(1))
• 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’s enrollment or transfer, subject to the requirements of § 99.34. (§ 99.31(a)(2))
• 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 the university’s State-supported education programs. Disclosures under this provision may be made, subject to the requirements of §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. (§§ 99.31(a)(3) and 99.35)
• In connection with financial aid for which the student has applied or 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. (§ 99.31(a)(4))
• 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. (§ 99.31(a)(6))
• To accrediting organizations to carry out their accrediting functions. (§ 99.31(a)(7))
• To parents of an eligible student if the student is a dependent for IRS tax purposes. (§ 99.31(a)(8))
• To comply with a judicial order or lawfully issued subpoena. (§ 99.31(a)(9))
• To appropriate officials in connection with a health or safety emergency, subject to § 99.36. (§ 99.31(a)(10))
• Information the school has designated as “directory information” under § 99.37. (§ 99.31(a)(11))
• To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of § 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. (§ 99.31(a)(13))
• To the general public, the final results of a disciplinary proceeding, subject to the requirements of § 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’s rules or policies with respect to the allegation made against him or her. (§ 99.31(a)(14))
• To parents of a student regarding the student’s 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. (§99.31(a)(15))

The items listed below are designated as “Directory Information”: 

• full name
• expected date of graduation
• major
• dates of attendance
• enrollment status
• degrees and awards received
• most recent or previous educational agency or institution
• advisor
• email address
• campus mailbox
• permanent address
• local address
• local phone
• photograph
• height and weight (for athletic purposes only)

Under the provisions of FERPA, the university is permitted to release Directory Information without a student's consent. A student, however, has the right to restrict the disclosure of any or all of their Directory Information.

Written notification to withhold Directory Information must be sent to the Registrar’s Office. Forms are available in the Registrar’s Office or on the Registrar’s website. A request to restrict the disclosure of Directory Information does not restrict internal use of such by the university.

Worcester Polytechnic Institute complies with the Family Educational Rights and Privacy Act of 1974 (FERPA), which governs access and release of information from student education records. This statute, in part:

• Requires student written consent prior to disclosure of restricted information such as grades and class schedules to persons outside of Worcester Polytechnic Institute (including parents). However, under FERPA, institutions may disclose information about a student without the student’s prior consent if the information is designated as “Directory Information” (see Directory Information section).

• In most cases, restricted information will not be released to a third party without written release from the student specifying which records are to be released, and to whom. Under FERPA, however, prior student consent is not required for disclosure of education records to certain individuals and entities, including, but not limited to, school officials who have been determined to have a legitimate educational interest and who need to review an education record in order to fulfill their professional responsibility (including contractors, consultants, volunteers or other parties to whom the school has outsourced institutional functions or services); officials of another school where the student seeks or intends to enroll or where the student is already enrolled if the disclosures are related to the student’s enrollment or transfer; authorized representatives of U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or state and local educational authorities; in connection with financial aid for which the student has applied or which the student has received; to accrediting organizations; to comply with a judicial order or lawfully issued subpoena; and to appropriate officials in connection with a health and safety emergency, among others. 

  Examples of restricted information include, but are not limited to:

  • Social Security number
  • Grades
  • Hours completed
  • Grade point average (GPA)
  • Current class schedule
  • Parent name and address
  • Race/Ethnicity
  • Gender
  • Country of citizenship
  • Religious affiliation
  • Disciplinary status
  • Marital status
  • Test scores (e.g., SAT, GRE, etc.)
  • Requests to limit disclosure of directory information (and to rescind previously filed requests to limit disclosure) must be filed in the Office of the Registrar.

Students and former students are entitled to review and inspect their educational records (with some limitations). FERPA defines education records as records that: (1) are directly related to a student and (2) are maintained by an educational agency or institution. Students may request to review their records by sending a written request to registrar@wpi.edu. Requests should clearly identify the records the student wishes to inspect. WPI will respond to such requests within 45 days. In some cases, access may be limited – for example where records contain information about other students or fall within categories not subject to inspection, such as certain confidential recommendations.

Students who believe their records contain inaccurate or misleading information may request that WPI amend the record by sending a written request to registrar@wpi.edu. If WPI denies a request to amend a record, the student has the right to a hearing conducted within a reasonable time, with advance notice, before an impartial decision-maker, and an opportunity to present their case.

Following the hearing, WPI will issue a written decision; if the request is denied, the student may place a statement in the record explaining their position, which will be included with the record in any future disclosures.

FERPA does not provide a right to challenge substantive academic or disciplinary decisions (such as grades); it is intended to ensure the accuracy of records rather than to review underlying judgments.

Students may allow access to certain records by granting third-party access in Workday. Read these instructions to learn what records are available to be accessed in Workday and how to set up this access.

FERPA Basics

When do FERPA rights begin?

FERPA rights begin when a student is “in attendance” at WPI, meaning the student is officially registered for at least one class that has started. [BB1] [MS2] Applicants are not covered by FERPA unless and until they enroll and are in attendance.  

What is a Student?

A student is any individual who is or who has been in attendance at WPI. This means someone who is or has been officially registered and has attended classes, regardless of age or parental dependency status.

What is an Education Record?

An education record is any record that is directly related to a student and maintained by WPI. 

Certain records are not considered education records under FERPA, including sole-possession notes kept as personal memory aids, law enforcement records maintained by campus police, employment records unrelated to a student’s status, and treatment records used only for medical or counseling purposes.

What is Personally Identifiable Information (PII)?

PII includes information that could identify a student, such as: a student’s name, the name of the student’s parent, the address of the student or the student’s family, or other information that could reasonably identify the student..

When WPI Can Share Information 

When can WPI share information without consent?

FERPA generally requires student consent to disclose education records unless an exception applies.

Common exceptions include:

• School officials with legitimate educational interests
• Directory information (unless the student opts out)
• Another educational institution where the student seeks or intends to transfer
• Health or safety emergencies
• Compliance with subpoenas or court orders
• Certain disclosures to parents (in very limited circumstances)
• Other exceptions as defined in FERPA

What is Directory Information?

Directory information is information that may be disclosed without consent if WPI has designated it as such and the student has not opted out.

Does consent to disclose or the existence of an exception mean that WPI must disclose specified information?

No. Student consent or the existence of an exception permits disclosure but does not require WPI to release the information.

Parents and Families  

Can parents access their student’s records?

Not automatically. At the college level, FERPA rights belong to the student, not the parent, even if the student is under 18. Students may allow direct access to certain records, such as bills and grades, by granting parents access through Workday.  Read these instructions to learn how to set up this access. Students may also provide written consent for WPI to share other education records with parents through WPI’s authorized process.

Can I call WPI officials to find out how my student is doing?

In most cases, no. Under FERPA, WPI generally may not share non-directory information from a student’s education records with parents without the student’s consent. 

Students have primary responsibility for keeping parents informed about their academic progress and experience at WPI. This reflects WPI’s commitment to treating students as responsible adults and supporting their independence.

If a student would like WPI to share information with a parent, the student may provide written consent through WPI’s authorized processes.

What if my student is a minor?

WPI policy regarding communication with parents applies equally to students who are minors. Rights under FERPA transfer to the student, regardless of age, when they are in attendance at a college or university.

What if my child is taking classes at WPI while still in high school?

Generally, FERPA rights transfer to the student when they attend a postsecondary institution, even if the student is under 18. However, if a student is enrolled in both a high school and WPI, the two schools may share information about that student. If the student is under 18, the parents still retain the rights under FERPA at the high school and may access records that have been shared with the high school.

Special Situations   

Can WPI share information during an emergency?

Yes. FERPA permits WPI to disclose information from a student’s education records without consent if necessary to protect the health or safety of the student or others.

These situations are evaluated on a case-by-case basis and are limited to circumstances involving a significant and immediate threat. Any disclosure is limited to the information necessary to address the emergency.

Are international students protected by FERPA?

Yes. FERPA applies equally to all students, regardless of citizenship or immigration status. WPI may disclose information to appropriate parties if necessary to protect the health or safety of the student or others. This is determined on a case-by-case basis and must relate to an actual emergency (not a speculative risk).

What happens if law enforcement requests student information?

WPI generally may not disclose information from a student’s education records without the student’s consent unless an exception under FERPA applies.

WPI may disclose information in response to a lawfully issued subpoena or court order, or in other circumstances permitted by law, and will follow applicable legal requirements in responding to such requests.

Do FERPA protections continue after a student leaves WPI?

Yes. FERPA protections generally continue after a student graduates or otherwise leaves the institution and apply for as long as the education records are maintained

To file a complaint regarding your FERPA rights, you may contact the Family Educational Rights and Privacy Act Office, U.S. Department of Education, 400 Maryland Avenue SW, Washington, D.C. 20202.

Questions related to FERPA should be directed to the Office of the Registrar.

Location:Unity Hall

Office Location: Room 435

Phone: 508-831-5211

Fax: 508-831-5931

registrar@wpi.edu

To learn more information on FERPA, please visit:

• Student Privacy Policy Office 
• FERPA General Guidance for Students (from SPPO)
• FERPA Regulations (from SPPO)
• U.S. Department of Education