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What student information can be released, and to
whom?
SMU may release
Directory Information to third parties unless the student sends a written request through Access.SMU Self Service to the University Registrar office that it be withheld. All other student
information
should not be released to anyone without the student’s written consent. Detailed
information on what is defined as directory information, how to
restrict its release, and what happens after directory
information is restricted is explained in the
Directory Information page.
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When
can I release student information?
You can check if the student authorized access
to the requesting party through Access.SMU. Refer to the
Faculty / Staff
Instructions page for detailed instructions on how to check
student releases though the Release of Education Records feature
on Access.SMU.
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What defines a legitimate educational interest?
A staff member has a
legitimate educational interest in accessing or reviewing a
student’s educational records, if the staff member is:
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Performing a
task that is specified in his/her position description or
contract.
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Performing a
task related to a student’s education or to student discipline.
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Providing a
service or benefit related to the student or student’s family.
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Maintaining safety and security on campus.
An example of a
legitimate educational interest would be an academic advisor who
needs to review a student’s education record to determine what
courses have been and/or need to be completed. This is a task
related to advising the student. The advisor would not be
authorized to view education records that are not relevant to
the task at hand.
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A faculty member requested access to a student’s
record who is not in his class or one of his advisees. Can I
release the student’s information?
Ask the faculty
member to identify a legitimate educational interest, and then
give the professor that portion of the student's file that is
relevant to the task being performed. Any other information
needed would need the student’s consent for the release of his
information.
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Do I have to keep a record of the release of
information from a student's education record?
SMU
is required to maintain records of requestors for and disclosure
of personally identifiable information unless:
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Those
requests were made by students for their own use.
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Those
disclosures were made with the written consent of a student.
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Those disclosures were made to school officials with legitimate
educational interests.
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Those disclosures were made to a party seeking directory
information.
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How will I know if a student has requested that
directory information not be disclosed?
In ACCESS.SMU , a
student’s record will have the  icon
which indicates that student has restricted the release of some
or all of his/her Directory Information. Look for the  icon
on the top right corner of the record. If the icon
is there, DO NOT release the directory information to a
third party.
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Is SMU obligated to release directory
information?
Under FERPA, SMU is
not obligated to release directory information to anyone. SMU
may release information, but there is no obligation to do
so.
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Does FERPA apply to students who are deceased?
FERPA rights and,
in general, the right to privacy end at death. It’s up to SMU
to decide if the release of information of a deceased student is
warranted.
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Can
student workers have access to student records?
FERPA allows
student workers with “legitimate educational needs” to have
access to other student’s educational records and confidential
information. The same requirements and responsibilities for a
full-time school official exist for student workers. It’s
strongly advisable for student workers to be trained on FERPA
just as if they were faculty or staff.
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Can Student Organization leaders have access to directory
information that was restricted by the student?
Student Leaders will gain access to the
student’s directory information if he/she participates in that
organization.
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Must we release a transcript if a student has a
financial hold?
One of the inherent
rights that FERPA guarantees students is the right to inspect
the contents of their student folder, regardless of their
financial status with the institution. However, SMU may not
release an official transcript if the student has a past due
account.
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What do I tell an officer with a subpoena?
FERPA doesn’t make
it mandatory that SMU automatically comply with a lawfully
issued subpoena. The following information should be considered
when served with a subpoena:
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Most legal
issues concerning student education records should best be
referred to the Office of Legal Affairs for further advice
and guidance.
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Determine
if it is a subpoena. In many cases the document being
presented looks like a subpoena but will not be a court
issued one. Consult with the Office of Legal Affairs if
you’re not sure you have received a real subpoena.
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Determine
if the court issuing the subpoena has jurisdiction.
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Determine
what is requested. Sometimes the definition of the
information requested in the subpoena is too broad and
implies the requester is fishing for more information than
really needed. Try to identify the exact information needed
to avoid violating the student’s right to privacy.
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Are the Pre College Students (Concurrent Enrollment Students,
Talented and Gifted Students, and College Experience Students) and
the Academic Prelude Students’ education records protected under FERPA?
FERPA applies for a student when he/she enrolls in a higher
education institution at any age.
Parents do not have access to
student’s education records unless they gain authorization to
access and receive information from their child's education
records. Parents of a student enrolled
in these programs who wish to have access to their child's
records are encouraged to work with their student to gain access
to his/her education records through Access.SMU. More
information is available at the Release of Education Records page.
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What if a parent tells me that he or she has
already talked with the student and still has questions?
You will still need the student's consent to release any
information to the parents. Only after you have confirmed the
student's consent through Access.SMU, you may discuss a
student’s performance. Refer to the
Faculty / Staff
Instructions page for detailed instructions on how to check
student releases though the Release of Education Records feature
on Access.SMU.
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What about a spouse?
The spouse has no
rights under FERPA to access the student’s education record.
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How do I properly dispose of confidential
information?
The business unit responsible for the personal information will
arrange for the destruction of records containing student
confidential information by shredding, erasing, or otherwise modifying
the personal information to make the information unreadable or
undecipherable through any means.
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What about crisis situations or emergencies?
If non-directory
information is needed to resolve a crisis or emergency
situation, SMU may release that information if it determines it
necessary to protect the health and safety of a student.
However, if personally identifiable information about a student
is needed, then the inquiring party should be referred to the
Dean of Student Life office, 302 Hughes-Trigg Student Center,
214-768-4563 or the
University
Registrar,101 Blanton Student Services Building, 214-768-3417. Efforts will be made to get
word to the student of the emergency.
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Whom do I contact with questions or concerns?
General questions
may be directed to the
University Registrar
or the Office of Legal
Affairs.
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Where can I find out more information about FERPA?
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