II. Harvard Law School FERPA Policy

          

A. Privacy and Directory Information

Harvard Law School is committed to complying with the Family Educational Rights and Privacy Act of 1974 (FERPA; also known as the Buckley Amendment), which protects the privacy of student records.  Although most information contained in a student’s educational record is confidential, some of that information is not considered to be harmful or an invasion of privacy if disclosed and is referred to as "directory information."  FERPA prohibits schools from releasing information other than that designated as "directory information" without the student's permission.

The Registrars of the Harvard Schools developed a common University super-set of student information directory elements.  The list can be found at http://www.security.harvard.edu/resources/references/ferpa-glossary-terms.  Each Harvard School can use some or all of the data elements on this list in their own directories, but no School will include any data elements in their own directories that are not included in the University list.  Harvard Law School has adopted this list of glossary terms as its directory items.

Students should be aware that the University does share both directory and other student information within the University with those individuals who have a legitimate educational interest in the information.  In addition, the University can, and occasionally must under federal rules, share student information with people or organizations outside the University.  (See http://www2.ed.gov/policy/gen/guid/fpco/ferpa/students.html for information about these types of information sharing.)

The University discloses education records without a student's prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests.  A school official is a person employed by the University in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the University has contracted as its agent to provide a service instead of using University employees or officials (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks.  A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the University.

Requesting a FERPA block

FERPA also gives a student the right to block public display of directory information.  Schools are required to convey to students which information they classify as directory information and allow students and parents a reasonable amount of time to request that the School not disclose directory information about them (such a request is referred to at Harvard as a "FERPA block").  Those students requesting a “FERPA block” are asked to submit a written request to the Office of the Registrar before September 30 and should be aware of the substantial consequences of the block:

A FERPA block prohibits Harvard from acknowledging the student’s existence.

A FERPA block will prevent the student from being listed as having attended Harvard, and it will prevent Harvard from acknowledging that a student is currently enrolled at the University.   The only exceptions involve the U.S. government, U.S. law enforcement, or Harvard officials with legitimate educational interest including the need to maintain School operation.  In addition, a FERPA block will prevent a student from appearing in the printed University Commencement Program and from being listed in the online Harvard phone directory. 

For a FERPA request form click here.  

A FERPA block will remain in effect for continuing students and alumni until a written release has been received and processed by the Office of the Registrar. 

For the form required to request the removal of a FERPA block click here.   

B. Right to File a Complaint with the U.S. Department of Education

Complaints regarding alleged violation of rights of students under FERPA may be submitted in writing within 180 days to the Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, DC 20202-4605.

C. Types of Educational Records Maintained at the Law School

The student’s educational file is kept in the Office of the Registrar (WCC 4007) and is the responsibility of the Registrar. This file contains the following:

  1. Application for admission and undergraduate transcript(s);
  2. Certification from undergraduate institution of student’s eligibility to attend law school;
  3. Any undergraduate and HLS disciplinary actions;
  4. LSDAS report;
  5. Correspondence and degree audit information.

D. Student Inspection of Files

Students who wish to inspect their educational records may submit a written request to the Registrar. Inspection will take place within 45 days from receipt of the request.

Last modified: August 16, 2012

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