Family Educational Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g, and its implementing regulations at 34 CFR Part 99, afford eligible students certain rights with respect to their education records. An eligible student is a student who is 18 years of age or older or who attends a postsecondary institution at any age. As a participant in the federal student assistance programs authorized under Title IV of the Higher Education Act, St. Matthew’s University School of Medicine (“SMUSOM”) complies with FERPA for all students, wherever located. These rights are:

1. The Right to Inspect and Review Education Records

Eligible students have the right to inspect and review their education records within 45 days of SMUSOM’s receipt of a request for access (34 CFR § 99.10). A student should submit a written request to the Office of the Registrar identifying the record(s) the student wishes to inspect. The Registrar will arrange access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the Registrar, the Registrar will advise the student of the appropriate official to whom the request should be addressed. Because SMUSOM students study at locations distant from where records are maintained, the university will, consistent with 34 CFR § 99.10(d), provide copies of requested records or make other arrangements for the student to inspect and review them.

2. The Right to Request Amendment of Education Records

Eligible students have the right to request the amendment of education records they believe are inaccurate, misleading, or otherwise in violation of their privacy rights under FERPA (34 CFR §§ 99.20-99.22). A student who wishes to ask the university to amend a record should submit a written request to the Office of the Registrar, clearly identify the part of the record to be changed, and explain why. If the university decides not to amend the record as requested, it will notify the student in writing of the decision and of the student’s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student upon notification of the right to a hearing. If, following the hearing, the university still decides not to amend the record, the student has the right to place a statement in the record setting forth the student’s view about the contested information (34 CFR § 99.21(b)(2)).

3. The Right to Consent to Disclosures of Personally Identifiable Information

Eligible students have the right to provide written consent before SMUSOM discloses personally identifiable information (PII) from their education records, except to the extent that FERPA authorizes disclosure without consent (34 CFR § 99.30; § 99.31). A written consent must specify the records to be disclosed, the purpose of the disclosure, and the party or class of parties to whom the disclosure may be made, and must be signed and dated by the student. Students may authorize disclosures using the Authorization to Release Education Records form available from the Office of the Registrar and on this website.

Disclosure to school officials. SMUSOM discloses education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests (34 CFR § 99.31(a)(1)). A school official is a person employed by the university in an administrative, supervisory, academic, research, or support staff position; a person serving on the board of trustees; a student serving on an official committee, such as a disciplinary or grievance committee; or a volunteer, contractor, or agent outside the university who performs an institutional service or function for which the university would otherwise use its own employees and who is under the university’s direct control regarding the use and maintenance of PII from education records, such as an attorney, auditor, third-party servicer, or administrative services provider. A school official has a legitimate educational interest if the official needs to review an education record to fulfill professional responsibilities for the university.

Disclosure to other institutions. Upon request, the university also discloses education records without consent to officials of another school where a student seeks or intends to enroll, or is already enrolled, for purposes related to the student’s enrollment or transfer (34 CFR §§ 99.31(a)(2), 99.34).

FERPA permits disclosure without consent in certain additional circumstances specified at 34 CFR § 99.31, including, among others, disclosures to authorized representatives of federal and state authorities in connection with audits or the enforcement of legal requirements related to federal student aid and other federally supported education programs; to parties in connection with financial aid for which the student has applied or received, as necessary to determine eligibility, amount, or conditions of the aid, or to enforce its terms; to accrediting organizations carrying out accrediting functions; to comply with a judicial order or lawfully issued subpoena; and to appropriate officials in connection with a health or safety emergency (34 CFR § 99.36).

4. The Right to File a Complaint

Eligible students have the right to file a complaint with the U.S. Department of Education regarding alleged failures by SMUSOM to comply with FERPA requirements. The name and address of the office that administers FERPA are: Student Privacy Policy Office, U.S. Department of Education, 400 Maryland Avenue SW, Washington, DC 20202.

Directory Information (Public Notice under 34 CFR § 99.37)

St. Matthew’s University School of Medicine designates the following categories of information as directory information, which may be disclosed without prior written consent unless the student has opted out: student name; program of study; enrollment status (full- or part-time); dates of attendance; degrees, honors, and awards received; participation in officially recognized activities; and photograph.

Students have the right to opt out of the disclosure of any or all categories of directory information. A student who wishes to opt out must notify the Office of the Registrar in writing within fourteen (14) calendar days of the start of each semester. An opt-out remains in effect until the student rescinds it in writing. The university does not use directory information disclosures to release records protected by FERPA; requests for non-directory information continue to require the student’s written consent or a FERPA exception.

Information for Parents and Family Members

At the postsecondary level, FERPA rights belong to the student, regardless of age or who pays tuition. The university may not disclose information from a student’s education records to parents, spouses, or other family members without the student’s prior written consent, except as permitted by a FERPA exception, such as disclosure to the parents of a student who is a dependent for federal income tax purposes (34 CFR § 99.31(a)(8)) or disclosure in connection with a health or safety emergency (34 CFR § 99.36). Students who wish to permit ongoing communication with a family member may complete the Authorization to Release Education Records form.

Right to Obtain a Copy of Disclosed Records

When the university discloses education records pursuant to a student’s written consent, the student may, upon request, obtain a copy of the disclosed records (34 CFR § 99.30(c)).

Questions and Requests

The Office of the Registrar is the custodian of education records for St. Matthew’s University School of Medicine. Requests to inspect records, requests for amendment, directory information opt-outs, and completed Authorization to Release Education Records forms should be directed to the Office of the Registrar, St. Matthew’s University School of Medicine, 11486 Corporate Blvd, Suite 120, Orlando, FL 32817. Telephone: (407) 488-1718.