Family Education Rights and Privacy Act

NYFA and FERPA

Among its several purposes, the Family Educational Rights and Privacy Act of 1974 (FERPA) was enacted to protect the privacy of students’ education records, to establish the rights of students to inspect and review their education records, and to provide students with an opportunity to have inaccurate or misleading information in their education records corrected. FERPA also permits the disclosure by an institution without a student’s prior consent of so-called directory information about that student. Students have the right to file complaints with the Department of Education’s Family Policy Compliance Office concerning alleged failures by an institution to comply with FERPA. In accordance with the statute and the FERPA regulations issued by the Department of Education, New York Film Academy has adopted the following policies and procedures.

The Academy will not permit access to or the release of personally identifiable information contained in student educational records to any party without the written consent of the student, except as authorized by FERPA. FERPA’s authorizations for release without consent include:

  • appropriate Academy officials who have legitimate educational interests
  • officials of other schools in which the student seeks or intends to enroll, upon request of these officials and upon the condition that the student or student’s parent is notified and receives a copy of the record if desired
  • federal officials or state educational authorities
  • in connection with a student’s application for or receipt of financial aid
  • state and local officials or authorities to whom such information is allowed to be reported or disclosed pursuant to state statute
  • organizations conducting educational studies, provided that these organizations do not release personally identifiable data and destroy such data when it is no longer needed for the purpose it was obtained
  • accrediting organizations in order to carry out their accrediting functions
  • the parents of a dependent student as defined in § 152 of Title 26 of the Internal Revenue Code of 1954, provided a reasonable effort is made to notify the student in advance
  • in an emergency situation if the information is necessary to protect the health or safety of the student or other persons
  • when the student has violated a law or the Academy’s rules or policies governing alcohol or substance abuse, if the student is under age 21
  • in compliance with a judicial order or subpoena, or federal grand jury subpoena provided a reasonable effort is made to notify the student in advance, unless such subpoena specifically directs the institution not to disclose the existence of a subpoena
  • an alleged victim of a crime of violence or a nonforcible sex offense; the final results of the alleged perpetrator’s disciplinary proceeding with respect to such crimes may be released.

Directory Information

Directory information means information contained in an educational record of a student which would not generally be considered harmful or an invasion of privacy if disclosed. FERPA regulations specifically prohibit the disclosure of a student’s Social Security Number as directory information.

At its discretion, the Academy may release directory information that includes the following:

  • name, address, and telephone number
  • e-mail address
  • date and place of birth
  • major field of study
  • enrollment status
  • dates of attendance (in person or by correspondence, video conference, Internet, or other electronic information and telecommunications technologies)
  • most recent previous educational institution attended
  • classification
  • degrees, certificates, and awards (including scholarships) received
  • date of graduation
  • participation in officially recognized activities and sports
  • physical factors (height and weight) of athletes
  • photographs

Students may have all directory information withheld by submitting the Restrict Student Directory Information form to the Office of the Registrar.

The request for confidentiality will remain in effect until the student makes written authorization releasing the information. The request for confidentiality applies to insurance companies, potential employers, and other interested parties. All NYFA e-mail addresses are subject to restriction. Students are advised to consider carefully the impact of having directory information withheld.

Access to Records

For requests to review records, copies of the statute and regulations, or for additional information concerning FERPA please contact the Office of Registrar.

Amendment of Records

If a student believes that any of the education records relating to her or him contain information that is inaccurate, misleading, or in violation of her or his rights of privacy, she or he may ask the Academy to correct or delete such information. The student may also ask that additional explanatory material be inserted in the record. Requests for amendment of a record or the addition of explanatory material should be submitted at the conclusion of the record review. The reasons for the request should clearly identify the part of the record the student wants changed and specify why it is inaccurate or misleading. There is no obligation on the part of the Academy to grant such a request. The right to challenge the contents of an educational record may not be used to contest the assignment of a grade.

Written Consent to Disclose Student Financial Aid Information

Disclosure of a student’s financial aid record may only be provided to a 3rd party with written consent from the student. This would include spouses, parents, other relatives, and employers. If you would like NYFA to discuss aspects of your financial aid records with a 3rd party please complete the FERPA release form and submit it to the Financial Aid Office.