Education Records

Educational records are all records that contain information directly related to a student especially personal identifiable information. Education Records are maintained by the college, or by a party acting on its behalf. Education records include information stored by any media such as handwritten notes/documents, print, computer printout, photograph, magnetic tape, film, microfilm, microfiche, diskette, computer display screen, and digital images

FERPA Definitions and Terms

Campus Security Act – to alleged victims of any crime of violence (murder, robbery, aggravated assault, rape, burglary, motor vehicle theft) the results of the conduct proceedings conducted by the institution against an alleged perpetrator with respect to such crime. The Campus Security Act also requires that both the accused and the accuser be informed of campus conduct proceedings involving a sexual assault.

Directory Information – FERPA defines “directory information” as information contained in the education records of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Typically, “directory information” includes information such as name, address, telephone listing, date and place of birth, participation in officially recognized activities and sports, and dates of attendance. A school may disclose “directory information” to third parties without consent if it has given public notice of the types of information which it has designated as “directory information,” the parent’s or eligible student’s right to restrict the disclosure of such information, and the period of time within which a parent or eligible student has to notify the school in writing that he or she does not want any or all of those types of information designated as “directory information.”

Education Records – Those records directly related to a student and maintained by the institution or by a party acting for the institution are considered education records. The term “education records” does not include the following:

• Records of instructional, supervisory, administrative, and certain educational personnel which are in the sole possession of the maker thereof, and are not accessible or revealed to any other individual except a substitute who performs on a temporary basis (as defined in the institutional personnel policy) the duties of the individual who made the records.
• Records maintained by a law enforcement unit of the educational agency or institution that were created by that law enforcement unit for the purpose of law enforcement.
• Records relating to individuals who are employed by the institution, which are made and maintained in the normal course of business, relate exclusively to individuals in their capacity as employees, and are not available for use for any other purpose.
• Records created or received after an individual is no longer a student: ex-alumni records or activities.
• Records relating to a student which are:
  • Created or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional, acting in his/her professional capacity or assisting in a paraprofessional capacity.
  • Used solely in connection with the provision of treatment to the student.
  • Not disclosed to anyone other than individuals providing such treatment

Legitimate Educational Interest – the demonstrated need to know by those officials of an institution who act in the student’s educational interest, including faculty, administration, student employees, clerical and professional employees, and other persons who manage student records information. Any school official who needs information about a student in the course of performing instructional, supervisory, advisory, or administrative duties for Marymount Manhattan College.

Student – An eligible “student” is defined as person who reaches 18 years of age or who has been in attendance at a postsecondary institution. A person who has applied to and been admitted by the College, but who has not yet begun to attend classes, are not eligible to review their records.

USA PATRIOT Act amends FERPA by permitting institutions to disclose, without the knowledge or consent of the student, personally identifiable information from the student’s education records to the Attorney General of the United States or his designee in response to an ex parte order (one filed without notice to the student) in connection with the investigation or prosecution of terrorism crimes. Also, the school is not required to record such disclosures.

When a student turns 18 years old or attends a postsecondary institution at any age, the rights under FERPA transfer from the parents to the student(“Eligible Student”). Attendance of a postsecondary institution includes attendance in person or remotely by video conference, satellite, Internet, or other electronic and telecommunications technologies.

According to MMC policy, FERPA becomes effective on the first day of classes for those newly admitted students who have scheduled at least one course.

Marymount Manhattan College must annually notify students in attendance of their rights FERPA, including:

• Right to inspect and review your education records
• Right to amend an incorrect record under certain circumstances
• Right to consent to disclosure (with exceptions) of information from your education record
• Right to file a complaint with US Department of Education

Education records are records, files, documents, and other materials that contain information directly related to a student and that are maintained by the College. A student has the right of access to these records. Education records include any records in whatever medium (handwritten, print, magnetic tape, film, dis­kette, etc.) in the possession of any school official.

• A person employed by Marymount Manhattan College in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel, health staff and volunteers)
• A person or company with whom the College has contracted as its agent to provide a service instead of using MMC employees or officials (including attorneys and auditors)
• A person serving on the Board of Trustees
• A student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.

When a student begins attend­ing a postsecondary institution regardless of age, FERPA rights transfer to the student. Hence, parents have no inherent rights to access or inspect their son or daughter’s education records, unless the student is a dependent as defined in section 152 of the Internal Revenue Code of 1986 or parents have obtained consent from their child to release some or all of their education record information.

Students may grant access to parent/guardian/another party by going on MMC Connect. Under “Academic Profile” a student can add a parent/guardian/other and grant rights. Once the student grants the parent(s)/guardian access, the grantee will be emailed, within 72 hours, a login id and password, provided a valid email has been given. Once the login id and password are received, parent/guardian/other will be able to log onto our Parent Connect system and view the accessible records (bill, grades, class schedule, etc). The level of access is determined by the student. Students can change the level of access or revoke access at any time. Parent Connect is a College’s intranet system.

For more information on Parent Connect go to the Forms and Publications page.

You can download the Restrict Directory Information form. Fill out the form and submit it to the Center for Student Services, Lower Level, Nugent Building in person. You may also fax the form to 212-517-0491 or email a scanned copy of your form to css@mmm.edu.

Fill out the form and submit it to the Center for Student Services, Lower Level, Nugent Building in person. You may also fax the form to 212-517-0491 or email a scanned copy of your form to css@mmm.edu.

You can access FERPA information from the US Department of Education (Family Compliance Office).

Academic records	Office of the Registrar Faculty Center - 255 E. 71 St. - 5th Floor	Registrar registrar@mmm.edu
Financial Aid records	Center for Student Services Lower Level Nugent Building Room 502	Director of Financial Aid finaid@mmm.edu
Financial records	Center for Student Services Lower Level Nugent Building Room 502	Director of Student Accounts studentaccounts@mmm.edu
Academic integrity records	Office of Academic Affairs Faculty Center - 255 E. 71 St. 5th Floor	Executive Director of Academic Operations 212-517-0520
Student Disciplinary records	Office of Student Affairs TBD	Associate Vice President for Student Success and Engagement and Dean of Students 212-774-0750
International student records	Office of International Services/Center for Student Services -Lower Level Nugent Hall Room 502	Director, International Student Service Coordinator khawker@mmm.edu 212-517-0484

At the post-secondary level, according to the Family Educational Rights and Privacy Act of 1974 (FERPA) and college policy, no inherent rights are given to parents to inspect a student’s education records, unless the parent/guardian can submit evidence that the child/ward is declared a dependent on their most recent Federal Income Tax return. According to FERPA,your rights to inquire, access, or view your child’s education records end When a student reaches the age of 18 or begins attending a postsecondary institution at any age, FERPA rights transfer from the parent to the student

Records may be released to the parents only under the following circumstances: In compliance with a subpoena, By submission of evidence that the parents declare the student as a dependent on their most recent Federal Income Tax form (IRS Code of 1954, Section 152). In the case of a dependent student, information may be exchanged without the written consent of the student for the sole purpose of completing a student’s financial aid application or the payment of tuition and fees. Through the written consent of the student via Parent Connect. At Marymount Manhattan College, you can obtain access to your child’s education records and be in compliance with FERPA. Parent Connect is online access to view the same information our students have access to view via the internet. Our students can choose who has access to view their information along with the level of access granted. These different access levels include academic information (grades, class schedule, student profile), financial information (account, financial aid, payment info), or both academic/financial information. For more detailed information on Parent Connect and how to gain access, please click on the following link.

Parent Connect Instructions

When a student begins attending a postsecondary institution, FERPA rights no longer automatically extend to the parents. This is the case regardless of the student’s age. Your child may grant you access to his/her records adding your name through our Parent Connect module. See Parent Connect information link.

Exception - If the student is declared financially dependent as set forth in the Internal Revenue Code, you may have access to your child’s records.

No, student account and invoice information is confidential information and part of student’s education records which is protected under FERPA. Your child can grant you access to his/her financial information by adding your name to the Parent Connect module. See also Authorized User and Billing Information.

The quickest, easiest way for parents to receive information about their child’s grades, financial statement, or other student information is for the student to provide it. Students can look up information on MMC Connect. For grade information, the student can click on “Grades” or “Academic History” under Academic Profile to view grades online, and print a copy to their parents.

Another way to get a copy of your son’s or daughter’s grades is to access the information on Parent Connect. In order for you to have access, your son or daughter needs to grant you access by going on MMC Connect.

Yes. Since current enrollment status is considered directory information the college can release enrollment verification to parents, unless the student has specifically requested to restrict the release of his/her directory information. You need to complete and return the form to the Center for Student Services at 212-517-0491 (fax) or css@mmm.edu.

No. Progress in a course, deficiencies in a subject area, final grades, grades on exams, and other information about academic progress are examples of the confidential information that makes up part of a student’s education record. This information is protected under FERPA and parents do not have access to it unless the student has provided consent to the release of this information.

MMC does not release private information over the phone or by email. You child needs to request a transcript by filing a Transcript Request form. Your son or daughter can provide the mailing address. We will mail out the transcript within 3 – 5 working days provided your child does not have any financial holds on his/her account.

If your child authorized the college to grant you access to his/her academic records, you can view your child’s grades on Parent Connect and print out a copy.

No. Information about grades and academic standing is sent directly to students. However, a letter of probation or dismissal to a student may direct the student to a FERPA release form and request that he or she complete it to allow the appropriate University representative to speak with a parent. Under some circumstances, a parent will be notified of a change in a student’s enrollment status, but in such an event, no explanation will be provided.

No, a student’s class schedule is not directory information. If your child gave you access to his/her academic records, you should be able to view your child’s class schedule through Parent Connect.

In a case of a crisis or emergency situation, Marymount Manhattan College may contact Campus Security, 212-517-0411 in an effort to contact the student for you.

If non-directory information is needed to resolve a crisis or emergency situation, an education institution may release that information if the institution determines that the information is “necessary to protect the health or safety of the student or other individuals.” Factors considered in making this assessment are: the severity of the threat to the health or safety of those involved; the need for the information; the time required to deal with the emergency; and the ability of the parties to whom the information is to be given to deal with the emergency

To: Marymount Manhattan College Students
From: Center for Student Services/Office of the Registrar
Subject: Annual Notification of Student Privacy Rights under FERPA

Dear MMC Student:

MMC is committed to maintaining the privacy and confidentiality of your education records. We want to take this opportunity to give you a brief summary of your rights with respect to your education records under the Family Educational Rights and Privacy Act (FERPA) of 1974. This federal law governs the release of and access to student education records. These rights include:

1. The right to inspect and review your education records within 45 days after the college receives a request for access. If you want to review your records, you may contact the Office of the Registrar or college official that maintains the record in writing to make appropriate arrangements.
2. The right to request an amendment of your education record if you believe it is inaccurate, misleading, or otherwise in violation of your privacy rights under FERPA. If you feel there is an error in your record, you should submit a written request to the institution’s office maintaining that record, clearly identifying the part of the record you want to be changed, and specifying why it is inaccurate or misleading. The college official will notify you of their decision and advise you regarding appropriate steps if you do not agree with the decision.

Note: This does not apply to disputes about grades assigned by faculty.

3. The right to provide written consent to disclosures of personally identi­fiable information contained in your education records, except to the extent that FERPA authorizes disclosure without consent. Below are circumstances in which your consent is not required:
   
   

• To MMC officials with “legitimate educational interests”. – An MMC official is a person employed by Marymount Manhattan College in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel, health staff, and volunteers) who has a “need to know” about information from your education record in order to fulfill his or her official responsibilities at the MMC.

• A third party or organization whom MMC has contracted as its agent to perform a business function or service on behalf of the institution (i.e. National Student Loan Clearinghouse, collection agent, auditors)
• A person serving on the Board of Trustees
• A student serving on an official committee, such as a disciplinary or grievance committee, assisting another school official in performing his or her tasks.
• Information may be released to a parent or guardian if the student is declared financially dependent upon the parent or guardian as set forth in the Internal Revenue Code.
• Upon request, the school discloses education records without consent to officials of another school or school district in which a student seeks or intends to enroll or is already enrolled if the disclosure is for purposes of the student’s enrollment or transfer.

4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-8520

Disclosure Without Consent

FERPA permits the disclosure of Personally Identifiable Information ( PII ) from students’ education records, without consent of the parent or eligible 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 parent or eligible student, § 99.32 of the FERPA regulations requires the school to record the disclosure. Parents and eligible students have a right to inspect and review the record of disclosures. The college may disclose PII from the education records of a student without obtaining prior written consent of the parents or the eligible student –

• To other school officials within the educational agency or institution 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, school system, or institution of postsecondary education 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 the State educational agency (SEA) in the parent or eligible student’s State. 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, if applicable requirements are met. (§§ 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 for such purposes as 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, if applicable requirements are met. (§ 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 if applicable requirements are met. (§ 99.31(a)(9))
• To appropriate officials in connection with a health or safety emergency, subject to § 99.36. (§ 99.31(a)(10)
• 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 university 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 university’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 university, governing the use or possession of alcohol or a controlled substance if the college determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a)(15))
• The disclosure concerns sex offenders and other individuals required to register under section 17010 of the Violent Crime Control and Law Enforcement Act of 1994.
• Information the school has designated as “directory information” if applicable requirements under § 99.37 are met. (§ 99.31(a)(11))

Directory Information

Marymount Manhattan College may release directory/public information without a student’s consent. Marymount Manhattan College has identified the following as directory information: student’s name, home address, telephone/cell number, MMC e-mail, academic program, degree, majors, minors, concentration, anticipated date of graduation, academic level (classification), current enrollment status (full, half, part-time, etc.), dates of attendance, degree received, previously attended institutions attended, and participation in college recognized activities and sports.

You may request to restrict the disclosure of directory information by filing the “Request to Restrict Directory Information” form. The form can be downloaded here.

Students may authorize the release of information from their education records to their parents, guardian, or another party by accessing MMC Connect. Under “Academic Profile”, students can click on “Add/Update Parent/Guardian/Other” or “Grant Rights to Parents/Guardian”. The parent/guardian or other designated individual will be given his/her own login id and password. Access to academic and/or financial information is available online via MMC’s intranet system, Parent Connect.

For more specific details about FERPA, you may view Marymount Manhattan FERPA policy or on the U.S. Department of Education’s Family Policy Compliance Office (FPCO)website.

If you have questions regarding FERPA, you may contact the Office of the Registrar via email at css@mmm.edu or the Center for Student Services at 212-517-0500.