Family Educational Rights and Privacy Act (FERPA)

Annual Notification of Your Student Privacy Rights Under FERPA

As a Manhattan Tech student, it's important to understand your rights regarding access to
and disclosure of information in your education record. The Family Educational Rights and
Privacy Act (FERPA) affords you the right to:

• Inspect and review your education record
• Request amendment of your education record
• Consent to disclosure of personally identifiable information in your education record
• File a complaint with the U.S. Department of Education (Student Privacy Policy Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202)

To review or request an amendment to your record, contact the Registrar's office that
maintains the record.

Release of Information

Under FERPA, the college may release education record information if the disclosure is:

• To Manhattan Tech officials who have a legitimate educational interest.
• To officials of another institution at which you seek or intend to enroll.
• To authorized representatives of federal, state, or local educational authorities.
• In connection with financial aid, you've applied for or received.
• To an organization conducting studies for or on behalf of the college.
• To your parents or guardians (if you are a dependent student for tax purposes).
• To an accrediting organization.
• To comply with a judicial order or lawfully issued subpoena.
• In connection with a health or safety emergency or other exception under FERPA.
• To fulfill a request for data that Manhattan Tech defines as directory information.

Directory information is student data contained in education records that would not
generally be considered harmful or an invasion of privacy if disclosed. Student data that
is not directory information may only be released with your documented consent.

To authorize third-party access to your non-directory information, complete the Consent to
Release Information Form (Login Required).

You may restrict the release of directory information by placing full privacy on your record.
Please note that students with full privacy are treated the same as other students in
instructional settings, including within physical and virtual classrooms. Their name, image
and email address may appear on screen and in the learning management system, and
instructors may call on them by name.

Your personal information is safe. Manhattan Tech employees only have access to the information that they need to perform their function at the college. Each employee signs a confidentiality agreement before they are given access to your records. According to FERPA, employees must have a “legitimate educational interest” in the records they are accessing. This means that the employee must need access to specific records in order to perform their job responsibilities. Your grades must be protected while in the classroom. Faculty members cannot post grades by name, social security number, or student ID in a public place or an online forum to which other students have access. Faculty must not post grades in a manner that would allow one student to determine the grades of another.

Parents/families are encouraged to maintain an open dialogue with you on your academic progress and performance. Regardless of your age, we are unable to answer questions or release information about you (grades, current classes, etc.) to parents/families without your written permission. You can share your grades with a family member by logging in to your MATCOnline account or CANVAS to show your grades. Never share your username and password.

The Family Educational Rights and Privacy Act (FERPA) prohibits the institution from disclosing student records, or information from those records, to anyone other than the student to whom the records pertain, unless the institution has the student’s consent. Refer to the FERPA webpage for more Information.

Consent to Release Information Form

Information that is considered "directory information" can be disclosed without your written consent. Directory information that can be disclosed without your written consent includes:

• your name
• address
• telephone number
• email address
• major/field of study
• full- or part-time status
• degrees, honors, and awards received

You may prevent the release of your directory information by making a request in writing to the Registrar's Office.

Release of Education Records

Per The Family Educational Rights and Privacy Act (FERPA), there are circumstances under which your education records and personally identifiable information (PII) may be accessed without your consent.

First, the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education or state and local education authorities may allow access to your records and PII without your consent to any third party designated by a federal or state authority to evaluate a federal-or state-supported education program or to researchers performing certain types of studies, even if the College objects to or does not request such research. Federal and state authorities must obtain certain use-restriction and data security promises from the entities that they authorize to receive your PII, but the authorities need not maintain direct control over such entities.

In addition, in connection with Statewide Longitudinal Data Systems, state authorities may collect, compile, permanently retain and share without your consent PII from your education records, and they may track your participation in education and other programs by linking such PII to other personal information about you that they obtain from other federal or state data sources, including workforce development, unemployment insurance, child welfare, juvenile justice, military service and migrant student records systems.

FERPA allows the institution the right to disclose education records or identifiable information to individuals/entities without your consent under the following circumstances:

• Authorized representatives for audit of federal-or state-supported programs.
• College officials carrying out their specifically assigned educational or administrative responsibilities. This includes contractors, consultants, volunteers and other outside providers used by Manhattan Area Technical College, including the Manhattan Area Technical College Foundation and the National Student Clearinghouse.
• Veteran's Administration officials.
• Officials of other institutions at which a student seeks or intends to enroll.
• Persons or organizations providing financial aid to students.
• Organizations conducting studies for, or on behalf of, educational agencies or institutions to develop, validate and administer predictive tests, to administer student aid programs or to improve instruction, provided that individual identity of students is not made.
• Accrediting organizations carrying out their accrediting functions.
• Parents of a student who have established that student's status as a dependent according to Internal Revenue Code of 1954, Section 152; in connection with a health and safety emergency in connection with § 99.36; or the student is under 21 and has violated a federal, state or local law or a policy of the college related to the use or possession of alcohol or a controlled substance.
• Persons in compliance with a judicial order or a lawfully issued subpoena, provided that the institution makes a reasonable attempt to notify the student in advance of compliance. The institution is not required to notify the student if a federal grand jury subpoena, or any other subpoena issued for a law enforcement purpose, orders the institution not to disclose the existence or contents of the subpoena.
• Persons in an emergency, if the knowledge of information, in fact, is necessary to protect the health or safety of students or other persons.
• An alleged victim of a crime of violence of the results of any institutional disciplinary proceeding against the alleged perpetrator. Information may only be given in respect to the crime committed.
• Outside contractor when identified as a "party acting for" the institution and performing a service which the institution would otherwise have to perform for itself (for example, the National Student Loan Clearinghouse for loan verification).
• The attorney general of the United States or the attorney general's designee in response to an ex parte order in connection with the investigation or prosecution of terrorism crimes, under the US Patriot Act.

In addition, FERPA allows the following:

• The return of an education record, or information from an education record, to the party identified as the provider or creator of the record.
• The release of education record and PII information regarding a registered sex offender's enrollment or employment status, or any changes of such.
• The release of education record and PII information to appropriate parties if the school determines that there is an articulable and significant threat to the health and safety to a student or other individuals.

Release of Disciplinary Information

Provisions of FERPA, as amended by the Higher Education Amendments of 1998, govern access to your disciplinary file. You and/or College officials who demonstrate a legitimate educational need for disciplinary information may have access to your disciplinary file. Parent(s) can have access to your disciplinary file without your written consent, even if you've requested otherwise.

In addition, parent(s) may be notified if you're under 21 years of age and are found responsible for a violation involving use or possession of alcohol and drugs.

The Campus Security Act permits higher education institutions to disclose to alleged victims of any crime of violence (e.g., murder, robbery, aggravated assault, burglary, motor vehicle theft) the results of the conduct proceedings conducted by the institution against an alleged perpetrator with respect to such crime. The Campus Security Act also requires that both accused and the accuser be informed of campus conduct proceedings involving a sexual assault.

Additionally, institutions are permitted to disclose the results of disciplinary cases in which a student has been found responsible for a violation involving violence or for a sex offense.

What It Is

If you elect full privacy status, MATC may not release any information about you to the general public, including directory information, unless a FERPA exception applies. This means the College will not:

• Acknowledge to any third party, including potential employers, that you are or were in attendance at the College. College staff who receive external inquiries about you will respond, "Due to data privacy policies, we are unable to respond to your request."
• Include information about you in campus directories or telephone directory assistance.
• Provide your name or any other Directory information about you to off-campus requesters.

This also means that you will not be listed in college announcements regarding honors or awards nor in commencement materials, including but not limited to commencement ceremony programs, press releases or other graduation-related materials.

How to Set It Up

To elect full privacy:

1. Download a FERPA full privacy/nondisclosure of directory information request form, enter your name and student ID number, then print and sign it.
2. Take a clear photograph or scan of both your signed form and a valid photo ID. (Accepted file types: png, jpg, pdf)
3. Access the secure document upload form.
4. On the secure file link select the office "Registrar" and in the "Any Additional Notes Regarding the Document" field, briefly describe what you're requesting (e.g., "Requesting full privacy").
5. Confirm that you uploaded both the form and the image of your photo ID.
6. When finished, click "Finish" 

Please allow two business days for us to process your request.

How to Remove It

To remove full privacy from your record:

1. Download a FERPA full privacy/nondisclosure of directory information request form, enter your name and student ID number, then print and sign it under "Please cancel the above request for full privacy."
2. Take a clear photograph or scan of both your signed form and a valid photo ID. (Accepted file types: png, jpg, pdf)
3. Access the secure document upload form.
4. On the secure file link select the office"Registrar" and in the "Any Additional Notes Regarding the Document" field, enter "Canceling full privacy request."
5. Confirm that you uploaded both the form and the image of your photo ID.
6. When finished, click "Finish."

Please allow two business days for us to process your request.

Authorizing Third-Party Access

Students on full privacy can still authorize FERPA consent to release for a parent, guardian or other third party.

The Family Educational Rights and Privacy Act (FERPA) affords you, when you turn 18 years old or enter a post-secondary institution at any age, the following rights with respect to their education records:

• The right to inspect and review your education records. To review records, students and former students may contact Student Records, present valid photo identification, and request in writing to review the record. Manhattan Tech will provide access to records within 45 days.
• The right to request amendment of education records that you believe are inaccurate, misleading, or otherwise in violation of your privacy rights under FERPA. You may question information in your educational records that you believe to be incorrect or inaccurate. This request must be in writing and must be submitted to the Registrar. All requests for corrections will be acted upon within 30 work days of receipt of the request. If the Registrar can verify that such data is, in fact, in error, appropriate corrections will be made. You will be notified in writing when the correction has been completed. If an error cannot be readily substantiated, the request will be need to follow the college formal grievance procedures.
• The right to consent to disclosures of personally identifiable information contained in your education records, except to the extent that FERPA authorizes disclosure without consent. Manhattan Tech has declared the following information to be “directory”: your name, address, telephone number, email address, major, full- or part-time status, and degrees, honors, and awards received. “Directory” information may be disclosed without your written consent. All other disclosures, except when permitted by FERPA, require your written consent.
  • One exception which permits disclosure without your consent is disclosure to school officials with legitimate educational interests. A school official has a legitimate educational interest if the official is performing a task that is specified in their position description or by a contract agreement, performing a task related to your education, or performing a task related to your discipline.
• The right to file a complaint with the U.S. Department of Education concerning alleged failures by Manhattan Area Technical College 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, D.C. 20202

If you have students in your class who are minors – including dual enrollment high school students – you still cannot share information about the students' progress (whether they are attending or passing) with their parents. At post-secondary institutions, any current or former student, regardless of age, is protected by FERPA regulations.