Disclosures to the Clearinghouse:
Records maintained by an institution about an individual who has submitted a request for information (prospect) or applied for admission but has not been admitted and enrolled are not considered "education records" under FERPA. 34 CFR § 99.3 defines "Education records" as records that are directly related to a student. "Student" is defined as an individual who is or has been in attendance and regarding whom the agency or institution maintains education records. Records about an applicant become an education records subject to FERPA if and when the individual is considered a student in attendance by the institution. Records concerning an individual who requested information, or an applicant who is denied admission or who declines an offer of admission, or an applicant who is accepted but has not enrolled and attended in accordance with institutional requirements, are not education records under FERPA. Similarly, FERPA allows post-secondary institutions that provide TRIO Programs or other services to secondary school students to use this screen to obtain information about the subsequent enrollment so long as the institution never considered them to be students in attendance at the post-secondary institution.

Disclosures on Behalf of Participating Institutions:
Participating Institutions may maintain records regarding the subsequent enrollment of applicants who were denied or who declined admission and enrollment at another institution. There is no exception in FERPA that permits these institutions to disclose non-directory information from education records, without consent, to an institution that the individual did not attend. Accordingly, the Clearinghouse will disclose only unblocked directory information about the subsequent enrollment of students who never attended the Requesting Institution.