Family Educational Rights and Privacy Act (FERPA)

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The Federal Family Educational Rights and Privacy Act (FERPA or Act) of 1974 (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal law that protects the privacy of student education records. "Education records" are "those records, files, documents and other materials which (i) contain information directly related to a student; and (ii) are maintained by an educational institution." 

FERPA affords students certain rights with respect to their education records. 

These rights are: 

  1. The right to inspect and review the student’s education records within 45 days of the day the College receives a request for access. Students should submit to the Registrar written requests that identify the record(s) they wish to inspect. The Registrar will make arrangements for access and notify the student of the time and place where the records may be inspected. 
  2. The right to request the amendment of the student’s education records that the student believes is inaccurate or misleading. Students may ask the College to amend a record that they believe is inaccurate or misleading. They should write to the registrar, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the College decides not to amend the record as requested by the student, the College will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing. 

    Note: The right to challenge grades and notations about disciplinary decisions does not apply under the Act unless the grade assigned or the disciplinary decision rendered was inaccurately recorded. 
  3. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that the law authorizes disclosure without consent. 

One exception that permits disclosure without consent is disclosure to college officials with legitimate educational interests. A "college official" is a person employed by the College in an administrative, supervisory, academic or research, or support staff position (including Public Safety and Health Services); a person or company with whom the College has contracted as its agent to provide a service instead of using College employees or officials (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or another student serving on an official committee, such as a disciplinary or grievance committee, or assisting another college official in performing his or her tasks. 

A college official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the College. 

Another exception is the release of "Directory Information," which may be released without a student’s consent unless specifically prohibited by the student. The following is considered Directory Information: 

  • the student’s name 
  • permanent and local addresses 
  • telephone listings 
  • electronic mail addresses 
  • digitized photographs and images 
  • date and place of birth 
  • major field of study 
  • grade level 
  • enrollment status 
  • dates of attendance 
  • past and present participation in officially recognized activities, organizations and sports 
  • weight and height of members of athletic teams 
  • degrees, honors, and awards received 
  • the most recent previous educational agency or institution attended by the student 

A student’s grades are considered Directory Information only to the extent that Dean’s List, graduation honors, and/or awards may be published. Individual grades and GPA information are not Directory Information and will not be released without the consent of the student. 

Upon request, the College also discloses education records to officials of another school in which a student seeks or intends to enroll, or where the student is already enrolled, so long as the disclosure is for purposes related to the student’s enrollment or transfer. 

Disclosure without consent also may be made concerning the following: Final results of a disciplinary proceeding in which a student was found to have violated College rules concerning a crime of violence or a non-forcible sex offense. The outcome may be disclosed to the victim regardless of whether a violation was found. Alcohol or drug violations may be disclosed to parents if the student is under age 21. The College reserves the right to disclose information about students to their parents, regardless of the student’s age, without the student’s written consent in cases involving the student’s health and well-being or in the case of a change of student status (including, but not limited to, loss of housing, pending disciplinary proceeding, suspension, expulsion or to comply with a court order or subpoena). For the purposes of this Policy, "parent" means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or a guardian. 

The term "education records" does not include the following records, and therefore such records are not governed by this Policy: 

  1. Records of instructional, supervisory and administrative personnel and educational personnel ancillary to those persons, which: 
    1. are kept in the sole possession of the maker of the record 
    2. are not accessible or revealed to any other individual, except to an individual who performs on a temporary basis the duties of the individual who made the record 
  2. College Public Safety Department records which are created and maintained by campus police solely for law enforcement purposes. 
  3. Employment records, when College employment did not result from and does not depend upon the fact that an individual is a student at the College, provided that the employment records: 
    1. relate exclusively to the individual in that individual’s capacity as a College employee 
    2. are made and maintained in the normal course of business 
    3.  are not available for use for any other purpose 

      All records relating to a student who also is an employee of the College are included in the definition of education records, if the student’s employment is contingent upon the fact that they are a student. For example, work-study program records are education records. 
  4. Health records, which: 
    1. are created or maintained by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional acting in his or her professional or paraprofessional capacity, or assisting in that capacity; 
    2. are created, maintained or used only in connection with the provision of treatment to the student; and 
    3. are not disclosed to anyone except to other than individuals providing the treatment, except that the records may be personally reviewed by a physician or other appropriate professional of the student’s choice. 

      For the purpose of this definition, "treatment" does not include academic and career advising, tutoring, disability management counseling, or any activities which are part of the program of instruction offered by the College. The Health Insurance Portability and Accountability Act of 1996 (HIPAA) Privacy Rule excludes student medical treatment records and other records protected by FERPA. 
  5. Applicant records of individuals who do not enroll in or register with an academic program of the College. If and when applicants become students, their applicant records become education records, which are then accorded the same privacy rights as any other education records governed by this Policy. 
  6. Records (i.e., alumni records) about a person containing only information obtained from that person after that person is no longer a student, or relating to that person and obtained from others after that person is no longer a student. 

Restricting the Release of Directory Information 

If you do not wish to authorize the release of Directory Information and do not want your Directory Information to appear in the Student Directory, you must indicate so through the "My Info" section of the Hub. The restriction will be promptly initiated in any electronic media. For any printed media, the restriction will be initiated as of the next printing. At any time after restricting the release of your Directory Information, you may change your mind and choose to authorize the College to release Directory Information. You can grant such authorization at any time by editing the "My Info" section of the Hub. 

Students should be aware of the possible consequences of withholding Directory Information, such as missed announcements, mailings and messages, non-verification of enrollment or degree status, and omission from the Commencement program. 

  1. Students have the right to file a complaint with the U.S. Department of Education concerning alleged failures by the College to comply with the requirements of federal law as they pertain to access and disclosure of students’ education records. 

The name and address of the Office that administers this law is: 

Family Policy Compliance Office 
U.S. Department of Education 
400 Maryland Avenue, S.W. Washington, DC 20202-5920 
1-800-USA-LEARN (1-800-872-5327)

Questions or concerns about the privacy of students’ education records or these procedures may be brought to the attention of the Registrar’s Office, Hollister Hall, Room 334. 

Additional Resources 

For more information on FERPA and the regulations promulgated thereunder, please see the following links: Family Policy Compliance Office (FPCO) 
FERPA 20 USC 1232(g)
 34 CFR PART 99 

Location of General Education Records Maintained by the College

Babson College maintains the following general records: 

  • Admission and current education status records are maintained in the Department of Student Advising & Success. These records are open to students and may be reviewed by appointment. In compliance with FERPA and other applicable state and federal statutes, records may be redacted for the review. Babson students will be provided with copies of Babson transcripts, degree audits, and their original student essays. Should a student require a transcript, they must complete a transcript request online through the Registrar’s webpage. 
  • Security and law enforcement records are retained by the director of public safety. Students may request copies of law enforcement records from the director of public safety. Certain legal restrictions may limit or prohibit the ability to grant such a request. The dean of student affairs and the director of public safety maintain final discretion in the consideration of any such request. 
  • Medical records are maintained by Health Services. These records also are exempted from the provision of the law and are not normally available to students for inspection. 
  • Disciplinary records are generally maintained by the Office of Community Standards. Students may review these by appointment. In compliance with FERPA and other applicable state and federal statutes, these records may be redacted for the review. 
  • Financial aid records are maintained by Student Financial Services. Students may review these by appointment. Students are not permitted to review their parents’ financial records, unless the documents were jointly signed and submitted by the parents and the student, or if the parent has given written permission. 
  • Residence Education maintains residence life records and Student Activities and Leadership maintains student involvement and activities records. 
  • It is assumed that students want their hometown newspapers notified when they graduate, earn awards, or achieve the Dean’s List. Students are to notify College Marketing, if they do not wish to participate in this process. 

Academic Policies and Information