Student Privacy Rights Under Federal Law
The Family Educational Rights and Privacy Act (FERPA)
commonly known as the "Buckley Amendment" affords students
certain rights with respect to their education records. They
are:
(A) The right to inspect and review the student's
education records within 45 days of the day the University
receives a request for access. "Education records" is a
defined term in the federal regulations which implement
FERPA. Among the documents it does not include
are:
1. personal files of members of the faculty and
administration;
2. medical records;
3. security files not available for review by individuals
other than security officers and other local law enforcement
officials;
4. employment records that relate exclusively to the
individual's capacity as an employee;
5. records containing only information concerning a
person's activities after graduation or withdrawal from the
University;
6. material relating to the financial status of parents
which is contained in any record maintained by the
University;
7. confidential letters of recommendation placed in a
student's education record prior to January 1975; and
8. confidential letters of recommendation to which a
student has waived his or her right of access.
Student education records are located primarily in the
offices of the Dean of the College, the Dean of
Undergraduate Students, the Dean of the Graduate School, the
Controller, the Registrar and the various academic
departments. A student may request access to his or her
education records by filing a written request with the
person who is responsible for maintaining the record which
the student wants to review. The request must identify the
particular record(s) which the student wishes to inspect.
The University 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 University official to whom the request was
submitted, that official shall advise the student of the
correct official to whom the request should be
addressed.
(B) The right to request the amendment of the
student's education records that the student believes are
inaccurate or misleading.
Students may ask the University to amend a record that
they believe is inaccurate or misleading. They should write
the University official responsible for the record, clearly
identifying the part of the record they want changed and
specify why it is inaccurate or misleading.
If the University decides not to amend the record as
requested by the student, the University will notify the
student of the decision and advise the student of his or her
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.
(C) The right to consent to disclosures of personally
identifiable information contained in the student's
education records, except to the extent that FERPA
authorizes disclosures without consent.
FERPA contains various exceptions to the general rule
that the University shall not have a practice of disclosing
personally identifiable information contained in a student's
education records without seeking the prior written consent
of the student. The following circumstances are
representative of those in which such information may be
disclosed without the student's prior written consent:
1. Directory information (student's name, dates of
attendance, date and place of birth, major field of study,
participation in officially recognized activities and
sports, weight and height of members of athletic teams,
degrees and awards received and most recent prior
institution attended) may be disclosed without restriction
unless the student objects in writing within 30 days after
enrollment.
2. Faculty members and other officials of the University
who have a legitimate educational interest in a student's
education record may be permitted to review it. A University
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 (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
University official in performing his or her tasks. A
University official has a legitimate educational interest if
the official needs to review an educational record in order
to fulfill his or her professional responsibility.
3. The University will disclose information to government
agencies entitled to it by law.
4. The University may disclose information to the
parent(s) or guardian(s) of a student unless the student has
filed a statement certifying that he or she is not
financially dependent as defined by the federal income tax
laws.
5. After trying to notify the student involved, the
University will disclose information in response to a
lawfully issued subpoena.
6. The University may disclose information when necessary
to determine the student's eligibility for financial aid or
to enforce the terms or conditions of financial aid which a
student has received.
7. The University may disclose information to an
organization conducting a study if the organization
certifies that the study will not be conducted in a way
which will permit the personal identification of the
students and that the information will be destroyed when the
study is completed.
8. Upon request, the University has the right to disclose
education records without a student's prior consent to
officials of another institution in which a student seeks or
intends to enroll. However, the University encourages its
departments and offices, at the minimum, to make a
reasonable attempt to advise the student of the disclosure
either before or after it occurs.
9. The University will disclose information to a third
party that has been granted permission by the student to
request such information. When the student has given written
permission for disclosure of information to a third party
and subsequent events materially affect the accuracy of the
University's original reporting, permission for the
reporting of such additional information is understood in
order to make the original reporting accurate.
(D) The right to file a complaint with the U.S.
Department of Education concerning alleged failures of the
University to comply with the requirements of FERPA. The
name and address of the office that administers FERPA
are:
Family Policy Compliance Office
U.S. Department of Education
600 Independence Avenue, SW
Washington, DC 20202-4605
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