Family Educational Rights & Privacy Act (FERPA)Family Educational Rights & Privacy Act (FERPA) jeff Tue, 10/10/2017 - 15:40
In accordance with Public Law 93-380, Family Educational Rights and Privacy Act, strict confidentiality will be observed regarding student information. The nature of an educational institution requires that records must be kept and may be shared by school administration, faculty and advisors within the College when applicable.
The Act provides that the College may retain the right to release Directory Information which is defined as student’s name, telephone number, all addresses, e-mail addresses, date and place of birth, major, honors, awards, photo, classification, dates of enrollment, enrollment status, degrees conferred, graduation distinctions and the institution attended immediately prior to admission. In the absence of written notice by a student to withhold any or all information included in the definition of “Directory Information”, the College reserves the right to release any of the aforementioned information. Students may refuse to disclose any or all information to anyone except College administration and faculty. Information such as social security numbers, race and grades will not be released to a third party without the written permission of the student. Information about students may be given without written consent in an emergency or to protect the health and safety of the student or others.
Specifically, the FERPA Act states the following:
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."
Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.
Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent
or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.
Generally, schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):
School officials with legitimate educational interest;
Other schools to which a student is transferring;
Specified officials for audit or evaluation purposes;
Appropriate parties in connection with financial aid to a student;
Organizations conducting certain studies for or on behalf of the school;
To comply with a judicial order or lawfully issued subpoena;
Appropriate officials in cases of health and safety emergencies; and
State and local authorities, within a juvenile justice system, pursuant to specific State law.
Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them. Schools must notify parents and eligible students annually of their rights under FERPA.
The actual means of notification (special letter, inclusion in a PTA bulletin, student handbook, or newspaper article) is left to the discretion of each school.
For additional information or technical assistance, you may call (202) 260-3887 (voice). Individuals who use TDD may call the Federal Information Relay Service at 1-800-877-8339.
Or you may contact us at the following address:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-4605
Notification of Rights under FERPA for Postsecondary Institutions
The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. These rights include:
- The right to inspect and review the student's education records within 45 days of the day the College receives a request for access.
A student should submit to the registrar a written request that identifies the record(s) the student wishes to inspect. The College official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the College official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
- The right to request the amendment of the student’s education records that the student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
A student who wishes to ask the College to amend a record should write the College official responsible for the record, clearly identify the part of the record the student wants changed and specify why it should be changed.
If the College decides not to amend the record as requested, the College will notify the student in writing of the decision and the student’s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
- The right to provide written consent before the College discloses personally identifiable information from the student's education records, except to the extent that FERPA authorizes disclosure without consent.
The College 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 College 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 College has contracted as its agent to provide a service instead of using College employees or officials (such as an attorney, auditor, or collection agent); a person serving on the Board of Directors; 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 College.
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by the College to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:
Family Policy Compliance Office
Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-5901
Access to Academic Records
Students may request copies of heath records contained in the file for a fee.