Applies To: Faculty, Staff, Students
Responsible Office: Vice Dean of Academics
Related Documents: Annual Notification of Rights Under FERPA; FERPA Quick Guide (PDF)
Policy Statement
FERPA (Family Educational Rights and Privacy Act of 1974) is a federal law designed to protect the privacy and accuracy of educational records. The act applies to all institutions that are recipients of federal aid administered by the United States Secretary of Education. It grants four specific rights to enrolled students:
- The right to inspect and review education records maintained by the institution. See the Student Records policy for more information.
- The right to request an amendment to those records believed to be inaccurate or misleading.
- The right to consent to disclosure of one’s records as provided below.
- The right to file a complaint with the Family Policy Compliance Office in Washington, D.C. concerning alleged failures to comply with FERPA.
Education Records include but are not limited to the following types of information:
- Admission Records
- Financial aid information - Financial Aid Records
- MHSL Academic Records
The following are not considered educational records:
- personal files maintained by instructors or staff.
- files maintained by the Security Department.
A postsecondary institution may, but is not obligated to, release information from the education record when the disclosure is:
- to school officials with a legitimate educational interest.
- to persons, companies, or agencies contracted to provide services on behalf and in service of MHSL
- to officials of another school where the student seeks or intends to enroll.
- to federal, state or local authorities involved with an audit or evaluation of compliance with education programs.
- in connection with financial aid.
- to organizations conducting studies for, or on behalf of, the school.
- to accrediting organizations.
- to parents of an eligible student if the student is a dependent for IRS tax purposes.
- to comply with a judicial order or subpoena.
- in connection to a health or safety emergency.
- information designated as “directory information”.
- releasing results of disciplinary proceedings to the victim of an alleged violent crime or a non-forceable sex offense.
- releasing results of disciplinary proceedings to the general public when the student has violated school policy.
- to parents of a student under age 21 who has violated school policy governing the use of alcohol or a controlled substance.
Directory information is personally identifiable information about students that the institution can, but is not obligated to, release without prior written consent, unless the student has signed and submitted a Directory Opt-Out Notice form to the Office of the Registrar. Mitchell Hamline School of Law has designated the following as directory information:
- name
- address
- email address
- telephone number
- participation in recognized activities such as competitions and publications
- dates of attendance
- degree and awards received
- most recent previously attended school
- year in law school
- part-time or full-time status
A school official typically includes:
Individuals who engage in the instructional, supervisory, advisory, administrative, governance, public safety, research, or support functions of MHSL. They need not necessarily be paid employees of MHSL. School officials may include but are not limited to: MHSL faculty and staff engaged in instructional, supervisory, advisory, administrative, governance, public safety, research, or support functions, a student serving on an official committee, a person serving on the board of trustees, persons, companies, or agencies under MHSL direct control with whom MHSL has contracted to provide services that MHSL would provide otherwise.
A school official may include a volunteer or contractor who performs an institutional service. Such officials include:
- attorney
- auditor
- collection agent
- student volunteering to assist another school official in performing their tasks
Legitimate educational interest is when the official needs to obtain and/or review an education record in order to fulfill their professional responsibilities for Mitchell Hamline School of Law.
Disclaimer
Mitchell Hamline policies are for informational purposes and to set expectation and do not constitute a contract, either express or implied, with any employee, student, or third party. Subject to applicable law, Mitchell Hamline reserves the right to amend, modify, or terminate any of the policies or procedures described herein, in whole or in part, at any time, with or without prior notice, at its sole discretion. Mitchell Hamline also may choose not to apply a policy in certain circumstances if it determines a different course of action is more appropriate.