Family Educational Rights and Privacy Act (FERPA)

*Advisement records are also maintained in the various departmental and faculty advisor offices.

Notwithstanding the above inclusive list, the University reserves the right to refuse to permit inspection of the following records: Financial records of parents (unless the parents have given written permission for the information to be released to their student/child); confidential letters and statements of recommendation placed in the education records of a student prior to January 1, 1975, if such letters and statements were solicited or provided with an assurance or understanding of confidentiality, and the letters and statements have been used only for the purpose for which they were intended; confidential letters and statements of recommendation placed in the education records of a student after January 1, 1975, respecting admission to an educational institution, application for employment, or receipt of an honor or honorary recognition, provided the student has waived his/her right to inspect and review those letters and statements of recommendation; records of instruction, supervisory, and administrative personnel, and agents which are in the possession of the maker and are not accessible or revealed to any other individual except the maker’s temporary substitute; employment records used only in relation to an individual’s employment by Missouri State–West Plains which are maintained in the normal course of business, relating exclusively to the individual’s capacity as an employee, and are not available for use for other purposes; records which relate to an individual as a person after he or she no longer attends or participates in an educational activity for which Missouri State–West Plains awards a greater credit.

Access

Information contained in a student’s records remains confidential between the student and Missouri State University-West Plains and will not be released to third parties without the written consent of the student, with the following exceptions:

1. Releases to the following University faculty, staff, and other designated officials, who, to carry out their responsibilities, have a legitimate educational interest.
   1. Members of the Board of Governors;
   2. A person approved by and under contract or appointment to the University Board of Governors in an academic or faculty position;
   3. University administrators;
   4. A person employed by the University as a temporary substitute for an administrative staff member or faculty member for the period of his or her performance as a substitute; and,
   5. A person employed by the University or under contract to the Board of Governors or otherwise performing a special administrative task. These will be persons such as secretaries, clerks, attorneys, auditors, disciplinary and judicial panel members including appointed students, and consultants, for the period of their performance as an employee or contractor.

University officials who meet the criteria listed above will have access to personally identifiable information contained in student education records if they have a "legitimate educational interest" defined as the need to know in order to:

1. Releases in accordance with lawful subpoena or court order. The University will make a reasonable effort to notify the student before it makes disclosure under this provision, unless such disclosure is in compliance with a federal grand jury subpoena or other subpoena issued for law enforcement purpose and the court or other issuing agency has ordered the existence or contents of the subpoena or the information furnished in response to the subpoena not be disclosed;
2. Releases to representatives of agencies or organizations from which the student has received financial aid or to whom the student has applied to receive financial aid in order to: (a) establish the student’s eligibility for the aid; (b) determine the amount of the financial aid; (c) establish the conditions for the receipt of the financial aid; or (d) enforce the terms of the agreement between the provider and receiver of the financial aid;
3. Releases to officials of other educational institutions to which the student seeks or intends to enroll may be forwarded on request by the institution. The student may request a copy of records transferred, as well as an opportunity for hearing as described in this policy, upon request by the student;
4. Releases to others specifically exempted from the prior consent requirement by the act (including personally identifiable information contained in a student’s educational record which state law adopted prior to November 1974, required the University to disclose to state or local officials, or pursuant to state statute adopted after November 19, 1974, concerning the juvenile justice system and its ability to effectively serve, prior to adjudication, the student whose records are released and the officials to whom the records are disclosed shall certify in writing that the information will not be disclosed to any other party, except as provided under state law, without prior written consent), and in circumstances where the University has entered into a written agreement or contract for an organization to conduct a study on the University’s behalf to develop tests, administer student aid or improve instruction, if the study does not permit personal identification of parents and students by individuals other than the representatives of the organization and the information is destroyed or no longer needed for the purposes for which the study was conducted;
5. Releases to accrediting organizations to carry out their accrediting functions;
6. Releases to a court in cases of legal action between the University and a parent or student of education records of the student that are relevant to the legal action;
7. Releases of "directory information"; (see section "directory information," following);
8. Releases to appropriate parties in connection with a health or safety emergency if the official deems:
   1. The disclosure to be warranted by the seriousness of the threat to the health and safety of the student or other persons;
   2. The information is necessary to meet the emergency;
   3. The persons to whom the information is to be disclosed are qualified and in a position to deal with the emergency; and
   4. Time is an important and limiting factor in dealing with the emergency.
9. Disclosure to authorized representatives of the Comptroller General of the United States, the Secretary of Education, or state or local educational authorities (including Veterans Administration programs) in connection with an audit or evaluation of federal or state-supported programs or for the enforcement of compliance with federal legal requirements related to those programs, or to the Attorney General of the United States, provided the information is protected in a manner that it does not permit personal identification of individuals by anyone except the officials, and the information is destroyed when no longer needed for purposes listed in this paragraph;
10. Releases of "criminal investigation and incident reports" of the office of student services pursuant to the order issued by the United States District court, Western District, Southern Division dated March 13, 1991.
11. Releases to an alleged victim of any crime of violence, as the term is defined in Section 16 of Title 18, United States Code, or a non-forcible sexual offense, the final results of any disciplinary proceedings conducted by the University against the alleged perpetrator of that crime with respect to that crime, regardless of whether the institution concluded a violation was committed.
12. Upon appropriate request and pursuant to the Sunshine Law, including payment of appropriate fees and costs, the University will release the final results (defined as the name of the student charged, the violation that the student was found to have committed, and any sanction imposed by the University on that student) of any disciplinary proceeding under the Code of Student Rights and Responsibilities against a student who is an alleged perpetrator of a crime of violence (as that term is defined in Section 16 of Title 18 of the United States Code), or a non forcible sex offense, if the Plaintiff determines as a result of that disciplinary proceeding that a student committed a violation of the University’s rules or policies with respect to such crime or offense, as authorized by 20 U.S.C. § 1232g(b)(6)(B) and (C).
13. When the University has determined a student has committed a disciplinary violation with respect to campus rules regarding the use or possession of alcohol or a controlled substance, the University may disclose to parents or legal guardians such information if the student is less than 21 years of age and has been found responsible for violating campus rules regarding the use or possession of alcohol or a controlled substance. Parents or guardians of students under the age of 21 can be notified of such determinations regarding violations of University narcotic or other controlled substance policies and those alcohol violations that result in an assessment for chemical dependency, residence hall probation, or a more severe sanction. Officials of the University may not disclose personally identifiable information contained in the student’s education record, except directory information, absent circumstances listed above, except with the student’s written consent. The written consent must include, at least: (1) a specification of the information the student consents to be disclosed; (2) the purpose for which disclosure may be made; (3) the person or organization or the class of persons or organizations to whom disclosure may be made; and (4) the date of the consent and, if appropriate, the date when the consent is terminated. Such written consent may be given directly to the University by the parent or eligible student, or by the party seeking the student’s educational record having obtained such written consent from the parent or eligible student. The student may obtain a copy of any records the University discloses by the student’s written consent.

Records of disclosures

For each request for disclosure of information contained in the student’s education record or for access to the record made by persons other than university officials or the student or parent, to disclosures made pursuant to court orders and subpoenas pursuant to paragraph 2 above, to disclosures of directory information, or to those requests accompanied by the student’s prior written consent, the University will maintain a record of such requests and disclosures, except for requests for directory information, which indicates: (1) the parties who have requested or obtained personally identifiable information from the education records of the student; and (2) the legitimate interests these parties had in requesting or obtaining the information. Students are permitted to inspect the record of disclosures. A record of request and disclosure will not be maintained if the student provides written consent prior to the disclosure.

The University will not release information containing any student’s education records, except directory information, to any third parties except school officials, to lawfully issued court orders and subpoenas, to parents of students under paragraph 9 or 13, or pursuant to the Sunshine Law under paragraph 12, except on the condition that the party to whom the information is disclosed will not disclose personally identifiable information without the prior written consent of the student (or parent for elementary or secondary students). All such disclosures will inform the party to whom the disclosure is made of this requirement.

Directory information

"Under the Family Educational Rights and Privacy Act (FERPA); the University is required to identify and make available upon request, to those needing such information, directory information which has been so identified. Other non-directory information is available to Missouri State–West Plains faculty and staff who have a "need to know" this information to conduct business and provide service to students, unless that information is prohibited from release by either a Privacy Hold, or a FERPA Hold."

For distribution to the general public, Missouri State University-West Plains has defined the following as directory information:

1. Name (current, former, and chosen)
2. Student's permanent City, County, State, and Zip
3. University-issued email address
4. Field of study, including majors, minors, certifications and pre-professional areas of study
5. Classification (e.g., sophomore)
6. Enrollment status (e.g., full-time, part-time or less than part-time)
7. Participation in officially recognized activities and sports, including photographs of athletes
8. Dates of attendance, including matriculation, drop and withdrawal dates
9. Degrees and certificates applied for and/or received including award date
10. Awards received, including Dean's list, scholastic honors, departmental honors, memberships in national honor societies, athletic letters and university-funded scholarships (excluding those that are need-based)
11. Previous education institutions attended

With appropriate student approval, indications of religious preference along with name, address and local telephone number can be distributed to the Campus Ministries Association.

Requests for verifications of degrees or enrollment will be directed to the National Student Clearinghouse. Requestors may request this information online at www.degreeverify.org.

Directory information may be disclosed by the University for any purpose at its discretion, without the consent of a student. However, A FERPA hold may be requested by currently-enrolled students. This non-disclosure option means that the university may not release any directory information about the student (except as permitted under the provisions of FERPA). The University may not even acknowledge to third parties that the person is a student at the institution.

FERPA Hold-Request to Prevent Disclosure of Student Information

Students may choose to prevent directory information from being released. Students can enact a FERPA Hold through the following link: https://wp.missouristate.edu/RecReg/_Files/ferpa-hold.pdf. Following the completion of a FERPA Hold, the student’s information will be excluded from the University Email Address Book and the University will not release any directory information about the student (except as permitted under the provisions of FERPA.). While a FERPA Hold is in place, the University will not acknowledge to third parties that the person is a student at the institution, without proper prior authorization. The FERPA hold will remain applicable until the student submits a written request to the Office of the Registrar requesting the removal of the FERPA hold.

Students may opt-out of the University’s online directory (People Search) without submitting a FERPA Hold.

A request to be removed from People Search may be completed by currently enrolled students via My Grizzly Den.

FERPA Hold Removal

The FERPA hold will remain applicable until the student submits a written request to the Office of the Registrar requesting the removal of the FERPA hold. Download FERPA Hold Removal

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Release of Information Authorization

A student may authorize the University to disclose education records that are otherwise protected under FERPA. The release form must be completed, signed, dated, and must specify the records to be disclosed and the identity of the recipient. Forms are accepted in person, from the student’s MSU email account or by mail or fax if the form is notarized.

Log in to MyGrizzlyDen to fill out the Release of Information Authorization form

Submit your form to the office to whom you have authorized to disclose your education records in one of the following ways:

• In person (you must display a photo ID or else, have your form notarized).
• Mail notarized form to: (Office Name), Missouri State University, 901 S. National Ave, Springfield, MO 65897
• Email scanned, notarized form to the department email account from your Missouri State email account
• Fax notarized form to the department

A list of departments can be found here: Helpful Phone Numbers.

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The University will give annual public notice to students of the categories of information designated as directory information. Currently-enrolled students have the right to suppress disclosure of their directory information by requesting a FERPA Hold. These holds do apply retroactively to previous releases of directory information and will remain applicable until the student submits a written request specifying otherwise.

Any student refusing to have directory information disclosed must file written notification to this effect requesting a Privacy Hold or FERPA Hold with the University during regular business hours. Forms for this purpose are available in the office of registration and records, Cass Hall. The written notification does not apply retroactively to previous releases of directory information (e.g., once the Campus Directory has been published, the directory information contained therein will remain). To prevent publication of directory information in the campus directory, written notification must be filed no later than the second week of classes during the fall semester.

In the event a refusal is not filed, the University assumes that a student does not object to the release of the directory information designated.

Where can I find more information about FERPA?

• The entire Missouri State Student Rights (FERPA) Policy is available in the University Policy Library.
• Many questions are addressed in the FERPA Frequently Asked Questions. Contact the Office of the Registrar, Cass Hall Room, 417-255-7979, if you have any additional questions.
• A FERPA online training program is available to all University employees in My Missouri State → Profile Tab → Professional Development Channel → My Learning Connection.
• More information is available on the U.S. Department of Education's FERPA website.

Information

Further information about education records and the process of obtaining access to records may be obtained in any of the offices listed in this document or from the office of registration and records, Cass Hall.

FERPA Contact List

• Michelle Bryan, Registrar
• Rachael Dockery - General Counsel