FERPA For Faculty And Staff

What Is FERPA?

The Family Educational Rights and Privacy Act of 1974 (FERPA) sets forth requirements regarding the privacy of student records. FERPA governs 1) release of these records (known as educational records) maintained by an educational institution and 2) access to these records.

What are Your Responsibilities as a Faculty or Staff Member?

The following statement appears on the MAX sign-on screen for faculty, staff, and students:

Millersville University complies with the Family Educational Rights & Privacy Act (FERPA). Faculty and staff viewing student records are reminded that this information is confidential. Please contact the Registrar's Office for more information.

Directory Information

In accordance with the provisions of the Family Education Rights and Privacy Act of 1974 (FERPA), Millersville University hereby designates the following student information as public or "directory information:"

  1. Name
  2. Name/state of hometown
  3. Major field of study
  4. Participation in officially recognized activities and sports
  5. Dates of attendance
  6. Degrees and awards received
  7. Full-time/part-time status
  8. Enrollment status (graduate/undergraduate)
  9. Class level

In accordance with FERPA and its underlying regulations, Millersville University may release directory information related to students without violating privacy rights.  Millersville University, however, does not make directory information available to the public.  Millersville University limits the release of directory information for official university purposes e.g. (1) identifying athletic team members; (2) publishing names of scholarship recipients and students on graduation and Dean’s lists; (3) issuing academic awards; (4) verifying enrollment or degree status and (5) providing such information to organizations that are officially affiliated with the University or with whom the University has a contractual relationship.  See 34 C.F.R §99.37(d).

Currently enrolled students may block the public disclosure of all directory information by completing a form in the Registrar's Office.  A non-disclosure block will prohibit Millersville University from releasing any of the student's "directory information;" thus, any future requests for such information from non-institutional persons or organizations will be refused.

Millersville University will honor a student's request to withhold directory information but cannot assume responsibility to contact the student for subsequent permission to release this information.  Regardless of the effect upon the student, Millersville University assumes no liability as a result of honoring the student's instructions that such information be withheld.

Although the initial request for non-disclosure may be filed at any time, once such a request has been filed by a student, this request will be honored by the University until removed, in writing, by the student.

Confidentiality of Student Records

Students have the right to request that their directory information not be disclosed to anyone. They can restrict disclosure by filing a form in the Registrar's Office. The only way to know whether a student has such a confidentiality flag is to look at their record in Banner or on Banner Web for Faculty. If the Banner screen or web page you are viewing for a student has *CONFIDENTIAL* displayed on it, you may not release any information about that student to anyone. You may not even acknowledge that the student is at Millersville. The appropriate response to a caller who requests information on a student whose record is labeled *CONFIDENTIAL* is: "I cannot provide any information on that individual." When in doubt, it is better to err on the side of not releasing the information and refer the caller or visitor to the Registrar's Office.

FERPA permits the disclosure of PII (personally identifiable information) 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. Millersville University may disclose PII from the education records without obtaining prior written consent of the student —

  • To other school officials, including teachers, within Millersville University 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))

Additional information about FERPA

For answers to FERPA questions, contact the Registrar's Office.