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FERPA Information for Faculty & Staff

Legitimate Educational Interest

An institution may disclose personally identifiable information without the student's written consent to "school officials" whom the institution has determined to have a "legitimate educational interest."

 A school official is a person employed by New Jersey City University in an administrative, supervisory, academic, research, or ÃÛÌÒtv staff position. This includes members of the Board of Trustees and individuals or entities engaged by contract to perform institutional services or functions for the University that would otherwise be conducted by NJCU employees (such as legal counsel, auditors, or information system providers). These individuals and entities act as institutional agents of NJCU and are subject to the same FERPA obligations as University employees, including restrictions on redisclosure and requirements to protect personally identifiable information from unauthorized access or use.

 Legitimate educational Interests is defined as interests that are essential to the general process of higher education prescribed by the body of policy adopted by the governing board.

Institutional Obligation

An institution is not obligated to release directory information to anyone. FERPA states that an institution MAY release information, but there is no obligation to do so.

Crisis or Emergencies

If non-directory information is needed to resolve a crisis or emergency situation, an education institution may release that information if the institution determines that the information is "necessary to protect the health or safety of the student or other individuals." Factors to be considered or questions to be asked in making a decision to release such information in these situations are:

1. the severity of the threat to the health or safety of those involved;
2. the need for the information;
3. the time required to deal with the emergency;
4. the ability of the parties to whom the information is to be given to deal with the emergency.