NASFAA has received questions regarding Tulane University's recent request for information from institutions that are currently hosting displaced Tulane students. Some members have questioned whether they can provide the information requested by Tulane under FERPA guidelines.
Any question an institution has about releasing information that the institution has not defined as "directory information" under FERPA guidelines should be directed to the institution's legal counsel. However, under certain conditions, educational records beyond directory information may be shared between two institutions at which the student is considered to be dually enrolled without the student's prior consent. See section 99.34 of the FERPA regulations. See also section 99.3 for the definition of directory information and section 99.31 for more information about disclosure of information without the student's prior consent.
Institutions that would like guidance specific to their situations may contact the U.S. Department of Education's FERPA office at ferpa@ed.gov. Further general guidance and contacts regarding FERPA may be found at: http://www.ed.gov/policy/gen/guid/fpco/ferpa/index.html. Meanwhile, if the institution is unsure of its legal authority to provide certain information, it might want to provide only directory information unless it obtains the student's permission.
Posting of Information by NASFAA
Tulane's request for information was posted in NASFAA's Today's News. Some members have questioned whether the posting by NASFAA implied they should comply. NASFAA posts a variety of news articles and press releases deemed to be of interest or timeliness to our members. We have posted many items relating to the hurricane disasters because they had such a widespread effect and because communication among affected individuals and entities has been so disrupted. In this as in any other context, posting such information does not necessarily convey NASFAA's endorsement. We have advised institutions to follow guidance issued by the Department of Education.
ED has Web sites dedicated to both Katrina and Rita at http://www.ifap.ed.gov/eannouncements/katrina.html that it updates whenever new information is available. Guidance issued by ED and HHS, and other hurricane-related information, is announced in NASFAA's Today's News and posted on the Association's Hurricane Katrina/Rita Resource Page at http://www.nasfaa.org/Katrina.asp. In addition, NASFAA continues to provide ED with questions we receive from members when we believe the issues raised require further guidance.
Visiting Student Guidance to Expire After Fall Term
Some of ED's guidance regarding treatment of visiting displaced students was meant to expire January 1. To be eligible for Title IV assistance for courses taken at an institution, a student must normally be enrolled as a regular student (i.e., a student seeking that institution's educational credential). If the student is taking courses only as a visiting student but is enrolled as a regular student at another institution that will accept the coursework, a written agreement between the two institutions allows the student to continue to receive Title IV aid.
ED essentially suspendedtemporarilythe necessity of a written agreement for students displaced by Katrina for the fall 2005 term. ED expected that by January students and schools would have resolved a visiting student's status. For the spring term, a student should either be enrolling as a regular student with the intention of remaining at the new institution, returning to his or her original institution, or continuing attendance at the new institution under a consortium or other written agreement between the student's home and host institutions. However, ED is currently examining whether any of its guidance that originally was limited to the fall term should be extended into the spring term.
Please continue to monitor both the NASFAA Web site and ED's Web site for updated information.
Posted October 19, 2005 on www.NASFAA.org, the Web Site of the
National Association of Student Financial Aid Administrators (NASFAA).
Copyright 2005. Redistribution to non-NASFAA institutions is prohibited
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