North Dakota State College of Science: Key Legal Risks in FERPA Compliance and Student Data Disclosure | Erayaha

When Student Privacy Meets Legal Risk: NDSCS FERPA Terms Under the Microscope

Imagine a scenario where a single ambiguous clause in a college’s student data policy exposes the institution to FERPA violations, regulatory fines exceeding $100,000, and reputational damage that could impact enrollment for years. Our analysis of North Dakota State College of Science’s (NDSCS) FERPA-related terms reveals several key legal and logical issues that, if left unaddressed, could result in significant compliance failures and financial losses.

1. Ambiguity in Directory Information Disclosure

NDSCS’s policy allows release of extensive directory information without student consent. However, the definition of what constitutes directory information is broad and lacks clear opt-out instructions, increasing the risk of unauthorized disclosures. Under FERPA, improper release of non-directory information can result in DOE investigations and loss of federal funding.

Legal Analysis

high Risk

Removed

Added

Under FERPA, somecertain information in a student’s record is considered public (directory information) and may be released without the student’s written permission. This information includes: (a) name (all names on record); (b) address (all addresses on record); (c) e-mail address (all electronic addresses on record); (d) phone number (all phone numbers on record); (e) height, weightprovided that such information is limited to the categories defined herein and photos of athletic team members; (f) major field of study (all declared majors); (g) class level; (h) dates of attendance; (i) enrollment status (full-timesubject to the student’s right to opt out. Directory information does not include sensitive personal data or part-time); (j) namesany information not expressly listed. Any release of previous institutions attended; (k) participation in officially recognized activitiesdirectory information must comply with FERPA regulations and sports; (l) honors/awards received; (m) degree earned (all degrees earned); (n) date degree earned (dates of all degrees earned); (o) photographic, video or electronic images of students taken and maintained by the institutioninstitutional opt-out procedures.

Legal Explanation

The original clause is overly broad and does not clarify the boundaries of directory information or the student’s right to restrict disclosure. The revision narrows the scope, clarifies exclusions, and reinforces compliance with FERPA.

2. Insufficient Opt-Out Mechanism for Students

While the policy references a FERPA Release Form, it fails to specify a clear, accessible process for students to opt out of directory information sharing. This omission can lead to inadvertent disclosures and non-compliance, exposing NDSCS to regulatory scrutiny and potential lawsuits. Litigation costs for privacy breaches can easily exceed $50,000 per incident.

Legal Analysis

high Risk

Removed

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Students who wish to restrict or opt out of the release certainof directory information, or to their family and othersauthorize disclosure to specific parties, must complete andbe provided with a clear, accessible process to submit thetheir preferences, including electronic and in-person options. The institution will honor all valid opt-out requests in accordance with FERPA Release Form to NDSCS Enrollment Services.

Legal Explanation

The original clause only addresses release, not restriction, and lacks a clear opt-out process. The revision ensures compliance with FERPA’s opt-out requirements and reduces risk of unauthorized disclosures.

3. Lack of Explicit Safeguards for Electronic Images and Media

The inclusion of photographic, video, or electronic images as directory information is problematic without explicit safeguards or limitations. FERPA guidance recommends clear boundaries on the use and distribution of student images. Unrestricted use could result in privacy complaints and reputational harm, especially in sensitive contexts.

Legal Analysis

medium Risk

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photographicPhotographic, video, or electronic images of students takenmay only be used or disclosed as directory information when such use is limited to official institutional purposes, and maintained by the institutionstudents are provided with clear notice and an opportunity to opt out of such uses.

Legal Explanation

The original clause allows unrestricted use of student images, which can lead to privacy violations. The revision introduces limitations and opt-out rights, aligning with FERPA guidance.

4. Absence of Notice Regarding Changes to Privacy Practices

The terms do not address how students will be notified of changes to privacy practices or directory information policies. FERPA and best practices require timely notification to ensure ongoing informed consent. Failure to provide notice could invalidate prior consents and open the door to class-action risk, with settlements often reaching six figures.

Legal Analysis

medium Risk

Removed

Added

Additional informationThe institution will provide timely notice to students regarding any material changes to its FERPA may be found inpolicies or directory information practices, including updates to the NDSCS College Catalog or other official documents. Notice will be provided via email and campus announcements.

Legal Explanation

The original clause does not address how students will be notified of changes, risking non-compliance with FERPA’s informed consent requirements. The revision establishes a clear notification process.

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Conclusion: Proactive Legal Protection for Student Data

Our examination shows that NDSCS’s current FERPA terms contain critical gaps that could lead to regulatory penalties, litigation, and reputational loss. Addressing these issues with precise language and robust opt-out mechanisms is essential for legal compliance and student trust.

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**This analysis is for educational purposes only and does not constitute legal advice. For actual legal guidance, consult with a licensed attorney. This assessment is based on publicly available information and professional legal analysis. See erayaha.ai’s terms of service for liability limitations.**