Disclosures to the Clearinghouse:
FERPA (U.S.C. § 1232g) does not apply to education records maintained by an
institution where an individual has applied for admission, but has not enrolled.
34 CFR § 99.3 defines "Education records" as records that are
directly related to a student. The section defines "student" as
an individual who is or has been in attendance and regarding whom the
agency or institution maintains education records. Applicant records become
subject to FERPA if and when the individual is considered a student in
attendance by the institution. Records concerning an applicant who is denied
admission, or who declines an offer of admission, or who is accepted but has not
yet enrolled and attended in accordance with institutional requirements are not
education records under FERPA. Under 34 CFR § 99.31 (a)(2), disclosure without
consent is permissible to "officials of another school, school system, or
institution of post-secondary education where the 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." Therefore, a
Requesting Institution may submit the SSN or other non-directory information to
StudentTracker, without consent, as long as the disclosure meets the purpose as
discussed above in 34 CFR § 99.31 (a)(2).
Disclosures on Behalf of Participating Institutions:
An institution may disclose non-directory information from education records to
another institution where the student has applied for admission under 34 CFR §
99.31 (a)(2), which permits disclosure without consent to "officials of
another school, school system, or institution of post-secondary education where
the 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." Accordingly, the Clearinghouse could disclose non-directory
information about a student's previous enrollments to Requester Institutions
under this provision, however our operational practice is to disclose only
unblocked directory information. Please contact the Clearinghouse if a student
requests a copy of the record that was disclosed under section 99.34 of the
FERPA regulations.
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