FERPA Disclosure of Education Records

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Personally identifiable information from the education records of a student may be disclosed by the university with the prior written consent of the student.  The existence of a student's written consent to disclose does not require the university to disclose this information under FERPA, but rather permits it's disclosure.  However, the university may disclose information without the prior written consent of the student in the following circumstances:

  1. To school officials with a legitimate educational interest in the records.
  2. To officials of another school, at the request of those officials, in which a student seeks or intends to enroll.
  3. To certain officials of the U.S. Department of Education, the U.S. Comptroller General, and state and local education authorities, in connections with certain state or federally supported education programs. 
  4. In connection with a student's request for or receipt 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.
  5. If disclosure is required by certain state laws relating to the juvenile justice system.
  6. To organizations conducting certain studies for or on behalf of the university.
  7. To accrediting organizations to carry out their functions.
  8. To either of two parents when at least one parent has claimed the student as a dependent for income tax purposes.  A certified copy of the parents' most recent federal income tax form may be required to verify dependency.
  9. To comply with a valid court order or subpoena or to comply with federal law (e.g. the USA Patriot Act or the Solomon Amendment).
  10. To appropriate parties in a health or safety emergency.
  11. To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, the final results of a disciplinary proceeding conducted by the university with respect to the alleged crime or offense.  The university may disclose the final results of the disciplinary proceedings, regardless of whether it concluded a violation was committed.
  12. Directory information so designated by the university.
  13. To parents of students under the age of 21 when laws or university policies regarding alcohol or drugs are violated (see Parental Notification Policy).
  14. To a court or administrative agency in the event of legal action between the university and a student.

Handling of Aggregate Student Information

Although FERPA does not prohibit the disclosure of student information in aggregate, steps need to be taken to ensure that aggregate data are not shared that could lead to the identification of individual students.  As such, Marquette requires aggregate data to be protected and treated as individual student information if cell sizes are five (5) or below.  In these cases, protocols governing the disclosure of education records under FERPA listed above should be adhered to when handling the aggregate data set. 

 

Release of Records for Deceased Students/Alumni

While the protections afforded by FERPA end with a student’s death, Marquette University has adopted the following policy for the release of records for deceased students/alumni:

All requests for disclosures of non-directory information regarding deceased students must be submitted in writing to the Office of the Registrar.  Such requests must (1) specify the individual records requested, (2) indicate a purpose for the disclosure of the records, and (3) identify the recipients of the information requested.

The requestor(s) must be identified as a party with a legitimate interest in non-directory information regarding the decedent.  A party with a legitimate interest in non-directory information regarding the decedent typically includes a descendant (e.g., child, grandchild), estate executor or administrator, or if the estate has already closed, the next of kin in the context of Wisconsin’s intestate statute. The requestor(s) must also submit a copy of the student’s death certificate or obituary or provide an authorized court order/subpoena.

Marquette University reserves the right to refuse disclosures and/or to notify the estate of the deceased student, if known, prior to releasing the information or responding to requests for non-directory information about the former student.

Written requests must contain the following elements:

  • Student's name, date of birth, and, if known, years of attendance
  • Copy of the death certificate, obituary, or court order/subpoena
  • Person requesting records' name, address, phone number, evidence that they are qualified to receive the records based on the criteria above
  • Signature of person requesting the records
  • Date of request

Requests can be emailed to otrdocs@marquette.edu or mailed to Marquette University, Zilber Hall 221, P.O. Box 1881, Milwaukee, WI 53233.