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Family Educational Rights & Privacy Act (FERPA)
- The federal Family Educational Rights and Privacy Act of
1974 (20 U.S.C. 1232g) and regulations adopted thereunder
(34 C.F.R. 99) set out requirements designed to protect
students’ privacy in their records maintained by the campus.
The statute and regulations govern access to student records
maintained by the campus and the release of such records.
The law provides that the campus must give students access
to records directly related to the student, and must also
provide opportunity for a hearing to challenge the records
if the student claims they are inaccurate, misleading, or
otherwise inappropriate. The right to a hearing under this
law does not include any right to challenge the
appropriateness of a grade determined by the instructor. The
law generally requires the institution to receive a
student’s written consent before releasing personally
identifiable data about the student. The institution has
adopted a set of policies and procedures governing
implementation of the statute and the regulations. Copies of
these policies and procedures may be obtained at Vice
President for Student Affairs’ Office. Among the types of
information included in the campus statement of policies and
procedures are: (1) the types of student records maintained
and the information they contain; (2) the official
responsible for maintaining each type of record; (3) the
location of access lists indicating persons requesting or
receiving information from the record; (4) policies for
reviewing and expunging records; (5) student access rights
to their records; (6) the procedures for challenging the
content of student records; (7) the cost to be charged for
reproducing copies of records; and (8) the right of the
student to file a complaint with the Department of
Education. The Department of Education has established an
office and review board to investigate complaints and
adjudicate violations. The designated office is: Family
Policy Compliance Office, U.S. Department of Education,
Washington, D.C. 20202-4605.
The
campus is authorized under the Act to release “directory
information” concerning students. “Directory information”
may include the student’s name, address, telephone listing,
electronic mail address, photograph, date and place of
birth, major field of study, participation in officially
recognized activities and sports, weight and height of
members of athletic teams, dates of attendance, grade level,
enrollment status, degrees, honors, and awards received, and
the most recent previous educational agency or institution
attended by the student. The above-designated information is
subject to release by the campus at any time unless the
campus has received prior written objection from the student
specifying what information the student requests not be
released. Written objections should be sent to the
Vice President for Student Affairs’ Office.
The
campus is authorized to provide access to student records to
campus officials and employees who have legitimate
educational interests in such access. These persons have
responsibilities in the campus’s academic, administrative or
service functions and have reason for using student records
associated with their campus or other related academic
responsibilities. Student records may also be disclosed to
other persons or organizations under certain conditions
(e.g., as part of the accreditation or program evaluation;
in response to a court order or subpoena; in connection with
financial aid; or to other institutions to which the student
is transferring).
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