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207 - Family Educational Rights and Privacy Act

Title: Family Educational Rights and Privacy Acts (FERPA)
Owner: Executive Director: Registrar Operations and Academic Compliance
Last Update/Revised: 02/25/2021

Policy: United States University complies with the Family Educational Rights and Privacy Act of 1974 (FERPA), as amended, which affords eligible students certain rights with respect to their education records. Such educational records will be released only with written consent of the student, except under certain exceptions as defined under FERPA.

An eligible student is defined under FERPA as a student who is the age of 18 or older or who attends a postsecondary institution. These rights include:

  1. The right to inspect and review the student's education records within 45 days after the day the University receives a request for access.
  2. The right to request the amendment of the student's education records that the student believes is inaccurate, misleading, or otherwise in violation of the student's privacy rights under FERPA.
  3. The right to provide written consent before the University discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent.
  4. The right to prevent disclosure of Directory Information. If you wish to withhold the disclosure of all of the items of Directory Information, complete the Directory Information Opt-Out Form and submit to the Registrar. This form must be received by the Registrar prior to the close of the add/drop period in any given session to ensure that directory information is not released.
  5. The right to be annually reminded about their rights under FERPA.
  6. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA. The name and address of the Office of Education that administers FERPA is:
    Student Privacy Policy Office
    U.S. Department of Education
    400 Maryland Avenue, SW
    Washington, DC 20202

FERPA grants the University authority to release directory information to any person on request, without consent of the student, unless a student requests in writing that directory information be kept private. The University has designated the following as directory information:

  • Name
  • Date of Graduation
  • Degrees and Honors Received
  • Photos
  • Major Field of Study
  • Dates of Attendance

Exclusions

This policy's exclusion for disclosure of certain student identifies without student written consent include but not limited to:

  • This policy does not prevent, or give a student the right, to prevent disclosure of their name or other identifies in the classroom.
  • It does not prohibit faculty members or instructors from carrying out customary practices, such as group grading of team assignments and/or projects.
  • PII related solely to a former student's activities as an alumnus is not protected under this policy.
  • The following materials, information and records are excluded from the definition of education records and does not give the right to students to inspect, review, challenge, correct, or delete:
    • Financial records and statements of the student's parents or any information contained therein.
    • Records of instructional, supervisory or administrative personnel or educational personnel ancillary thereto, kept in the sole possession of their creator and not accessible or revealed to any other person except a temporary substitute of the creator. 
    • Employment records made and maintained in the normal course of business that relate exclusively to the student in their capacity as an employee and are not available for any other purpose. However, this does not apply to a student who is employed by the University as a result of their status as a student (i.e., practicum, work-study, internships, etc.).
    • Records that contain only information relating to a person after that person is no longer a student at the university.
    • Records regarding application for admission of a student who is seeking to enroll in the University unless the student is accepted and attends the University.
  • Other exceptions as defined under FERPA.

Purpose: The purpose of this federal regulation is to protect the privacy of all student educational records.

Scope:  The scope of this policy applies to students, faculty, staff, contractors, volunteers, and third parties.

Document and Form(s):

  • Request to Inspect and Review Record
  • Request to Amend Record
  • Request to Opt-Out of Directory Information
  • Complaint/Grievance Form (if a student feels their privacy has been violated under FERPA).