The Family Educational Rights and Privacy Act of 1974 (FERPA) prohibits the release of certain information without the express consent of the student. Because this prohibition also restricts access to parents, every student entering Nyack College must complete a FERPA release form for the purpose of defining what information Nyack College may release to parents/guardians/spouses/other of our enrolled students.
- Financial independence from parents form: Dependency Override (submit to Student Financial Services)
- Directory information is information that is generally not considered harmful or an invasion of privacy if released. Its primary purpose is to allow Nyack to include this type of information in certain school publications, such as a playbill, yearbook, graduation program, sports activity sheets, etc.
In accordance with the provisions of section 438 of the General Education Provisions Act 20 USC 1232g – Family Educational Rights and Privacy Act (FERPA) commonly referred to as the “Buckley Amendment,” Nyack College/Alliance Theological Seminary has adopted the following regulation to protect the privacy rights of its students, and to provide students access to their educational records.
I. Educational Record: The student’s primary educational record is located in the Registrar’s Office. Items in the educational record include: the permanent record card, grade reports, admission/application materials, and testing data. Other offices maintain student records pertinent to their respective concerns.
II. Inspection and Review of Records:
- A student may inspect and review his/her educational records upon written request to the Registrar. The request should identify the record(s) the student wishes to inspect. The Registrar will comply within 45 days with notification of the time & place the record(s) may be reviewed.
- A student has a right to review all documents contained in his/her record except:
- Evaluations and recommendations, if the student has waived his/her rights to see them.
- Parental financial records and statements.
- Documents classified by law as “non-educational.”
III. Charge for Producing Records: There will be a charge of $1.00 per sheet for reproducing records up to a maximum of $10.00 for any single request. The College reserves the right to deny copies of an educational record to a student whose financial account is in arrears.
IV. Challenge of Record: Students who, after reviewing their record, desire to formally challenge information therein, may request that the record be amended. This request must be submitted to the Registrar in writing, and should identify the part of the record the student wants changed, and the reasons for doing so. The Registrar will respond in writing with a decision. If the request is denied, the student may request a formal hearing to be conducted by a committee appointed by the Provost/Vice President of Academic Affairs. The Provost/VPAA will notify the student of the committee’s decision. All records of these appeals will be kept in the Registrar’s Office.
V. Disclosure of Information From Educational Records: The Registrar’s Office will not disclose any personally identifiable information from the student’s educational record without the student’s written consent, except to the following people or for the following purposes:
- To parents or guardians of students.
- If a student is claimed as a dependent by either parent/guardian for tax purposes, then either parent/guardian may have access under this provision (34 CFR ¶ 99.31(a)(8)). Neither the age of the student nor the parent’s status as a custodial parent is relevant. Nyack will assume that a student not enrolled in the ADCP or a graduate degree program is financially dependent unless the student submits written notification to the Office of the Registrar within 30 days of the start of each term that he or she is financially independent. Such financial independence is communicated via the Dependency Override form submitted to Student Financial Services. The Registrar’s office will use the FERPA permissions to regulate authorized access to judicial, financial, and academic records.
- In the event of serious health concerns such as illness, injury or hospitalization.
- If a student is under the age of 21, Nyack may elect to notify parents/guardians for disciplinary violations related to alcohol or controlled substances, or when a student is suspended or expelled. In disciplinary matters, parents are notified only after students are determined to be responsible for a violation of Nyack rules or standards. In all matters, the context of individual circumstances is considered when deciding whether to contact parents. When possible, students will be given the opportunity and encouraged to discuss the situation with their parents prior to the institution’s notification (¶ 99.31 (a)15 of the FERPA regulations).
- To school officials with legitimate educational interests in the information. A school official is a person employed by the institution in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the institution has contracted as its agent to provide a service instead of using institutional employees or officials (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an educational record in order to fulfill his or her professional responsibility.
- To officials of another institution in which the student is current enrolled or seeks to enroll.
- To any agency to which the student has applied or from which he/she has received financial aid, or which had made decisions concerning eligibility, amount, condition, or enforcement of the terms of financial aid.
- To certain educational agencies and institutions as permitted by law.
- To comply with a judicial order or subpoena.
- To protect the health or safety of the student or others in an emergency situation.
Nyack may also disclose, without consent, directory information. Directory information is information that is generally not considered harmful or an invasion of privacy if released. Its primary purpose is to allow Nyack to include this type of information in certain school publications, such as a playbill, yearbook, graduation program, sports activity sheets, etc. Such information includes: the student’s name; address; telephone numbers; e-mail address; date and place of birth; major field of study; dates of attendance; full or part time status; class schedule; photographs; degrees, honors and awards received; school sports or student activities; weight & height of athletic team members; most recent educational institutions attended; and other similar information. Any student who does not want directory information released must give written notification of such to the Office of the Registrar within 30 days of the start of each semester.
VI. Right to File a Complaint: Students who believe that Nyack/ATS is not in compliance with FERPA regulations may file a complaint with the U.S. Department of Education.
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202