FERPA

Students will be notified of their FERPA rights annually in the Undergraduate Student Advising Handbook, the academic catalog and via email communication from the Registrar’s Office.

For purposes of this policy, Farmingdale State College has used the following definitions:

Definition of Student

FERPA defines an eligible student as a student who has reached 18 years of age or is attending a postsecondary institution at any age. This means that, at the secondary level, once a student turns 18, all the rights that once belonged to his or her parents transfer to the student. 

Attendance includes, but is not limited to—

(a) Attendance in person or by paper correspondence, videoconference, satellite, Internet, or other electronic information and telecommunications technologies for students who are not physically present in the classroom; and

(b) The period during which a person is working under a work-study program.

Education Records
Any record (in handwriting, print, tapes, film, electronic, or other medium) maintained by Farmingdale State College or an agent of Farmingdale State College, which is directly related to a student, except: Desk notes by faculty not shared with others and in the sole possession of the maker; University police records created by or for, and maintained by university police; Medical or psychological records maintained for diagnosis and treatment; Parents’ financial statements (including FAFSA) (Note: under FERPA, these ARE educational records, although the College need not permit the student to review them); Information coming to the college after the student has left the institution.

School Official
A school official is a person employed by SUNY in an administrative, supervisory, academic, or support staff position including law enforcement personnel and health staff or another employee carrying out their job responsibilities, including officially recognized volunteers acting in their official capacity for the college. This includes student employees and officially recognized student volunteers, whether full time or part time, paid, unpaid or earning academic credit. Such students will be trained and will sign a statement of understanding regarding the College's FERPA policy. A person or a company under contract to SUNY or acting as an agent for SUNY, to provide a service instead of using College employees or officials, such as an attorney, auditor, consultant or collection agent, is also considered a school official, as is a person serving on the Board of Trustees or a student on an official committee. A school official has a legitimate educational interest if the official is performing a task related to the student’s education, a task related to the discipline of the student, or providing a service or benefit relating to the student or student’s family such as health care, counseling, job placement, or financial aid.

Farmingdale State College will disclose information from a student’s education record only with the written or electronic consent of the student. At its discretion, Farmingdale State College may release information without consent, under the following circumstances:

• To school officials who have a legitimate educational interest in the records;
• Upon request to officials of another school in which a student seeks or intends to enroll or where the student has already enrolled;
• To certain federal, state, SUNY, and local education officials in connection with certain federal or state supported education programs;
• In connection with a student’s request for or receipt of financial aid, as necessary to determine the eligibility, amount, or conditions of that aid;
• If required by a state law concerning the juvenile justice system which law requires disclosure and which was adopted before November 19, 1974.
• To organizations conducting certain studies/research for or on behalf of the College;
• To accrediting organizations;
• To comply with a judicial order or a lawfully issued subpoena or IRS summons after making a reasonable effort to notify the student in advance;
• To appropriate parties in a health and/or safety emergency;
• Where the student and SUNY are engaged in litigation;
• Where the information to be disclosed is that designated as “directory information”;
• To the victim of a student determined by the College to be an alleged perpetrator of a crime of violence or non-forcible sex offense; the final results reached on or after October 7, 1998 in a disciplinary proceeding involving that charge;
• To the parents of a student under the age of 21; information that the college has determined that the student has committed a disciplinary violation with respect to use or possession of alcohol or a controlled substance.
• To anyone if the disclosure is the final results of a disciplinary proceeding involving a crime of violence or nonforcible sex offense and the student was found responsible.
• FERPA Consent Form

Farmingdale State College will maintain a record of certain external requests for, and/or disclosures of, information from a student’s education records. The record will indicate the name of the party making the request, any additional party to whom it may be re-disclosed, and the legitimate interest the party had in requesting the information. The record of requests may be reviewed by the eligible students. The College is required to maintain this record of requests for disclosure with other education records of the student for as long as those records are maintained.

Farmingdale State College designates the following items as Directory Information:

• Student’s Name
• Address
• Telephone listing
• Electronic mail address
• Photograph
• Degrees, honors and awards received
• Date and place of birth
• Major field of study
• Dates of enrollment
• The most recent educational agency or institution attended
• Participation in officially recognized activities and sports
• Weight and height of member of athletic teams

The College may disclose any of these items without prior written consent of the student. Students may opt out of the release of this information by completing FERPA Non-Disclosure Form

Farmingdale State College reserves the right to deny copies of records not required to be made available under FERPA, if the student has unpaid financial obligations to the College.

The fee for copies of education records is included in the current Tuition and Fee Schedule.

Students may inspect, review, and if necessary, request to amend their education records upon written request to the appropriate record custodian. Students should submit to the appropriate record custodian a written request which identifies as precisely as possible the record or records to be inspected.

The record custodian, or an appropriate college staff person, will make the needed arrangements for access as promptly as possible and will notify the student of the time and place where the records may be inspected. Access must be given within 45 days or less from the receipt of the written request. When record information contains information about more than one student, the student may inspect and review only the specific information about the requesting student.

Education Record Custodians at Farmingdale State College include (records and list are not exhaustive):

• Registrar- Transcripts and Grades
• Financial Aid Office - records relating to student financial aid (other than students/parents/guardians income tax returns or FAFSA)
• Office of Student Accounts - records relating to student payments, receipts, exchanges, refunds, financial obligations, issues related to TAP certification and New York state residency.

Amendment of Education Records
Students may ask the College to amend a record they believe is inaccurate, misleading, or in violation of their right of privacy. Following are the procedures for amendment of records:

• The student must make a written request to the custodial office responsible for the record and precisely identify the part of the record they are disputing and specify what is inaccurate, misleading, or in violation of the student’s right of privacy.
• Farmingdale State College will decide whether to amend the record as requested within 45 days of receiving the request.
• If Farmingdale State College decides not to amend the record, the College will notify the student of the decision and advise the student of the right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student’s rights.

Students Right to Request a Hearing
Upon request, Farmingdale State College will arrange for a hearing and notify the student, reasonably in advance, of the date, place and time of the hearing.

• The hearing may be conducted by any individual, including an official of the educational agency or institution, who does not have a direct interest in the outcome of the hearing.
• The student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student’s education record. The student may be assisted by one or more individuals, including an attorney.
• Farmingdale State College will prepare a written decision, within 10 business days of completion of the hearing, based solely on the evidence presented at the hearing. The decision will include a summary of the evidence presented and the reasons for the decision.
• If Farmingdale State College determines that the challenged information is not inaccurate, misleading or in violation of the student’s rights of privacy, it will notify the student that a statement commenting on the challenged information and/or statement setting forth reasons for disagreeing with the decision may be appended to the record.

Students are afforded the right to file a complaint with the US Department of Education concerning alleged failures by Farmingdale State College to comply with the requirements of FERPA. The name and address of the office administering FERPA is:

Family Policy Compliance Office
US Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605