Family Educational Rights and Privacy Act
(FERPA)
Student Education Records Guidelines
Updated and Amended August 4, 2005
The Family Educational Rights and Privacy Act of 1974 (commonly referred to as the “Buckley Amendment” or “FERPA”) is designed to protect the confidentiality of the records that educational institutions maintain on their students and to give students access to their records to assure the accuracy of their contents. FERPA affords you certain rights with respect to your education records. They are:
- Access to Education Records: the right to inspect and review your education records within 45 days of the day New England Conservatory receives a signed, written request for access, anytime after your matriculation.
- Request for Amendment of Education Records: the right to request amendment of your education records if you believe they are inaccurate or misleading.
- Disclosure of Education Records: the right to consent to disclosure of personally identifiable information in your education records, except to the extent that the ACT or any superseding law authorizes disclosure without your consent.
- Compliance: the right to contact the Family Policy Compliance Office with a complaint concerning the New England Conservatory’s compliance with the requirements of the Buckley Amendment. For more information, contact Robert Winkley, College Registrar.
For the purposes of this policy, New England Conservatory has used the following definitions of terms:
Student: any person who attends or has attended the college division of New England Conservatory.
Education records: any record (in handwriting, printing, tapes, film, or other medium) maintained by New England Conservatory or an agent of New England Conservatory that is directly related to a student, except:
- A personal record kept by a staff member, if it is kept in the personal possession of the individual who made the record, and information contained in the record has never been revealed or made available to any other person except the maker’s temporary substitute.
- An employment record of an individual whose employment is not contingent on the fact that he or she is a student, provided the record is used only in relation to the individual’s employment.
- Records maintained by any physician or other health care provider who is contracted by New England Conservatory to provide health care, if the records are used only for treatment of a student and made available only to those persons providing the treatment.
- Alumni records that contain non-directory information about a student after he or she is no longer in attendance at New England Conservatory and the records do not relate to the person as a student.
Legitimate educational interest: A school official has a legitimate educational interest when the official needs to review an education record in order to fulfill his or her responsibility on behalf of New England Conservatory, such as when the official is performing a task that is specific in his or her job description or by a contract agreement or other official appointment; performing a task related to a student's education; performing a task related to the discipline of a student; or providing a service or benefit relating to the student or student's family, such as health care, counseling, job placement, or financial aid.
School official: a person employed by New England Conservatory in an administrative, supervisory, academic, research, or support staff position, including New England Conservatory security and student Health staff; individuals or entities with whom the New England Conservatory has contracted (e.g., an attorney or auditor, the State Council on Higher Education, the National Student Clearinghouse); individuals serving on the Board of Trustees; and students conducting New England Conservatory (e.g., serving on official committees, working for New England Conservatory, or assisting another school official in performing his or her tasks).
Types of Records and their Custodians
The following is a list of the types of records that New England Conservatory maintains and their custodians:
| Type of Record | Custodian |
|---|---|
| Admissions Records | Registrar |
| Academic Records | Registrar |
| Disciplinary Records | Dean of Students and/or Residence Life Office |
| Financial Records | Business Office |
| Financial Aid Records | Financial Aid Office |
| Placement Records | Career Services and Alumni Office |
| Worksheet (Progress Records) | Academic Advisor while student is enrolled; Registrar once student leaves New England Conservatory |
| Occasional Records (other records not listed above, e.g. miscellaneous correspondence.) | Registrar will either collect the records for student or direct the student to the appropriate custodian. |
Procedure to Inspect Education Records
Students may inspect and review their education records. In many cases, students may review their records on request to the appropriate custodian. However, at the discretion of the custodian, students may be required to make an appointment to do so, or to submit a written request to review records. Access must be given within 45 days from the receipt of the request. Records may be reviewed only in the office of the custodian, or in a place designated by the custodian.
When a record contains information about more than one student, the student may inspect and review only the records that relate to him/her.
Records Not Open to Student Review
New England Conservatory reserves the right to refuse to permit a student to inspect the following records:
- The financial statement of the student’s parents.
- Letters and statements of recommendation for which the student has waived his or her rights of access, or which were placed in the file before January 1, 1975.
- Records connected with an application to attend New England Conservatory if that application was denied or the offer of admission was declined.
- Those records that are excluded from the FERPA definition of education records.
Right of New England Conservatory
to Refuse to Provide Copies of Education Records
New England Conservatory reserves the right to deny transcripts or copies of records not required to be made available by the FERPA amendment in either of the following situations:
- The student has an unpaid financial obligation to New England Conservatory.
- There is an unresolved disciplinary action against the student.
Fees for Copies of Educational Records
The fee for transcripts is $10.00 per transcript. The very first transcript is free of charge. Transcripts sent within New England Conservatory community (e.g. New England Conservatory Admissions Office) are free of charge. Transcripts are also free of charge to alumni who are on the New England Conservatory faculty or administrative staff.
Effective July 1, 2006, the fee for copies of other educational records, such as documents in the student's academic file (registration forms, promotional and recital comments), catalog course descriptions, etc. is $10.00 for up to 20 photocopies and $.50 per photocopy in excess of 20.
The fee for dossiers from the Career Planning and Alumni office is set separately and is published annually in the New England Conservatory catalog.
Amendment of Education Records
Students have the right to ask to have records amended that they believe are inaccurate, misleading, or in violation of their privacy rights. The following are the procedures for the amendment of records:
- A student must ask the appropriate record custodian to amend a record. The request must be in writing. In making the request, the student should identify the part of the record they want changed and specify why they believe it is inaccurate, misleading or in violation of his or her privacy or other rights. In the case of a change of name, the custodian may require a copy of the court document allowing the name change.
- NEC may comply with the request or it may decide not to comply. If it decides not to comply, NEC will notify the student of the decision and advise him/her of the right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student’s rights.
- Upon request, NEC will arrange for a hearing, and notify the student, reasonably in advance, of the date, place and time of the hearing.
- A hearing officer who is a disinterested party will conduct the hearing; however, the hearing officer may be an official of NEC. The student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student’s education records. One or more individuals may assist the student, including an attorney.
- NEC will prepare a written decision based solely on the evidence presented at the hearing. The decision will include a summary of the evidence presented and the reasons for the decision.
- If NEC decides that the challenged information is not inaccurate, misleading, or in violation of the student’s right of privacy, it will notify the student that he/she has a right to place in the record a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision.
- Should the student decide to include such a statement with his/her education record, it will be maintained as part of the student’s education records as long as the contested portion of the record, it must also disclose the statement.
- If NEC decides that the information is inaccurate, misleading, or in violation of the student’s right of privacy, it will amend the record and notify the student, in writing, that the record has been amended.
Nothing in this policy requires the continued maintenance of any student record for any particular length of time. However, if under the terms of this policy you have requested access to your education record, the record will not be destroyed before the custodian has granted you access.
Disclosure of Education Records
NEC will disclose information from a student’s education records only with the written consent of the student, except:
- To schools officials who have a legitimate educational interest in the records. A school official is:
- A person employed by NEC in an administrative, faculty, supervisory, academic or support staff position.
- A person elected to the Board of Trustees, Board of Overseers or Board of Visitors.
- A person employed by or under contract to NEC to perform a special task, such as an attorney, auditor, or consultant.
- Performing a task that is specified in his or her position description or by contract agreement.
- Performing a task related to a student’s education.
- Writing a recommendation for the student.
- Performing a task related to the discipline of a student.
- Providing a service or benefit relating to the student or student’s family, such as health care, counseling, job placement or financial aid.
- To officials of another school upon request, in which a student seeks or intends to enroll.
- To certain officials of the U.S. Department of Education, the Comptroller General and state and local education authorities in connection with certain state or federally supported education programs.
- In connection with a student’s request for or receipt of any type of financial aid, as necessary to determine the eligibility, amount or conditions of the financial aid, or to enforce the terms and conditions of the aid.
- If required by a state law requiring disclosure that was adopted before November 19, 1974.
- To organizations conducting certain studies for or on behalf of NEC.
- To accrediting organizations to carry out their functions.
- To the parent or parents of a student who claim the student as a dependent for income tax purposes. The record custodian may require a copy of that portion of a parent’s income tax return that shows the student to be a dependent.
- To comply with a judicial order or a lawfully issued subpoena.
- To appropriate parties in a health or safety emergency.
- State and local authorities, within a juvenile justice system, pursuant to specific State law.
- To the alleged victim of a crime of violence, disciplinary records maintained by NEC concerning the alleged crime.
Recording Requests for Disclosure
NEC will maintain a record of all requests for and/or disclosure of information from a student’s education records. The record will indicate the name of the party making the request, any additional party to whom it may be re-disclosed, and the legitimate interest the party had in requesting or obtaining the information. The student may review the record. No record of disclosure will be kept of requests for “Directory Information” or of requests by any school official who has a legitimate educational interest in the records.
NEC designates the following items as Directory Information. NEC may disclose any of these items without the student’s prior written consent, unless notified in writing to the contrary by September 15th of each year. (Students may notify NEC after September 15th, but in this case, NEC will not guarantee that the Directory Information will be excluded from the Student Directory for that academic year.)
List of Directory Information
- name
- local address
- local telephone number
- permanent address
- NEC e-mail address
- program
- major(s)
- class year
- month and date of birth
- participation in officially recognized activities including concerts, TOS, etc.
- awards, prizes and honors earned in connection with officially recognized activities
- dates of attendance
- full or part time status
- Dean’s List
- degrees earned
- graduation honors
- degrees received and degree dates
- anticipated degrees and anticipated degree dates
- studio instructor’s name
- awards, honors, and prizes received outside NEC that are related to a student’s musical career
- information provided by the student to the Office of Public Relations
- most recent previous school attended
You are encouraged to contact New England Conservatory’s, Office of Student Services, College Registrar, 241 St. Botolph Street, Room 224, Boston, MA 02115, +1.617.585.1282, e-mail address collegeregistrar@newenglandconservatory.edu. Under FERPA, you have the right to contact the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, DC 20202-4605, e-mail address ferpa@ed.gov, with a complaint about the New England Conservatory's compliance with FERPA. The complete regulations and full definitions of terminology are at http://www.ed.gov/policy/gen/reg/ferpa/ or http://www.ed.gov/offices/OII/fpco/pdf/ferparegs.pdf