|
|
Family Educational Rights and Privacy Act (FERPA)
FERPA stands for the Family Educational Rights and Privacy Act (also called the Buckley Amendment). Students who are currently enrolled or formerly enrolled regardless of their age are subject to FERPA.
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. The law was passed by Congress in 1974 and grants four specific rights to students:
1 the right to see the information that university has concerning the student
2 the right to seek to amendment to those records and in certain cases append a statement to the record
3 the right to consent to disclosure of his/her records
4 the right to file a complain with the Department of Education Compliance Office in Washington DC.
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;
Accrediting organizations;
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.
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.
What is a student's Educational Record?
It is ANY record, file, document or other material which contains information directly related to the student and maintained by the school. The educational record is not confined to the student's file in the Registrar's Office. It may also include:
a document with the student's name and identification number
a computer printout
a class list
a computer display screen
notes taken during an advisement session
files, documents, and materials in whatever medium (handwriting, print, tapes, disks, film microfilm, microfiche) which contain information directly related to students and from which students can be personally (individually) identified What is not an Educational Record?
sole possession records
law enforcement unit records
employment records
medical records
alumni (or post-attendance) records
FERPA allows for the release of directory information, that is, information that is not considered harmful if released.
Student's full name;
Student's address - local, permanent and phone;
Student' s date and place of birth;
Student's electronic mail address
Student' s major field of study;
Student' s participation in officially recognized activities and sports;
Student's photograph; A photograph, video and electronic image taken or maintained by the university
Student' s height and weight if a member of an athletic team;
Student's dates of attendance; Student's grade (class) level
Student' s awards,honors, and degrees received;
Student' s most recent previous school attended;
Student's classification. Student's enrollment status (undergraduate or graduate, full time or part time)
Important Points for Students to Remember:
Educational records are considered confidential and may not be released without the written consent of the student
There are limited exceptions when a student's consent may not be required to disclose information, including federal state and local authorities involving an audit or evaluation of compliance with educational programs or to an accrediting organizations
Some information is considered public (directory) information and may be released without the student's written permission. However, a student may also decide to restrict directory information by visiting the Registrar's Office to submit a signed request
Students have the right to withhold from the public directory information while enrolled. To do so, the student must file a request each school year in the Registrar's Office. Students may make a request to prevent disclosure of directory information by completing the appropriate form and returning it to the Registrar's Office.
A parent or guardian may have access to non-directory student information if the student is claimed as a dependent for federal income tax purposes for the year preceding the semester and for the year during which that semester occurs. If the student is not a dependent, the student must be willing to complete a consent form to release that information.
Institutions may disclose information with the consent of the student. Such consent must include specific records that may be disclosed, purpose of the disclosure, and the persons to whom the disclosure may be made. "Blanket disclosures" are not acceptable |
|