Family Educational Rights and Privacy Act | Spalding University Policy Guide

1.1.3: Family Educational Rights and Privacy Act

At the University, all academic records of students who enroll are kept in accordance with the provisions of The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99), which is a Federal law that protects the privacy of student education records.

The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. They are:

1. The right to inspect and review the student’s education records within 45 days of the day the University receives a written request for access.[1] The University is 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. “Education records” is a defined term in the federal regulations which implement FERPA. Education records protected under the Act include any personally identifiable student information, such as grades, exam scores, or student ID numbers. In compliance with the Act, the University does not disclose any such information without the student’s written consent. Among the documents not included within the definition of “education records” are:

a. Personal files of members of the faculty and administration;

b. Medical records;

c. Security files not available for review by individuals other than security officers and other local law enforcement officials;

d. Employment records that relate exclusively to the individual’s capacity as an employee;

e. Records containing only information concerning a person’s activities after graduation or withdrawal from the University;

f. Material relating to the financial status of parents which is contained in any record maintained by the University;

g. Materials in any admissions files, until the student has been admitted to, and has attended the University.

h. Confidential letters of recommendation placed in a student’s education record prior to January 1975; and

i. Confidential letters of recommendation to which a student has waived the right of access.

2. Student education records are located primarily in the offices of the Registrar and the various academic departments. A student may request access to the student’s 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.

3. The right to request the amendment of the student’s education records that the student believes are inaccurate or misleading. A student may ask the University to amend a record that the student believes is inaccurate or misleading. The University is not, however, required to consider requests for amendment under FERPA that seek to change a grade or disciplinary decision or seek to change the opinions or reflections of a school official or other person reflected in an education record. The student should write the University official responsible for the record, clearly identifying the part of the record the student wants changed and specifying 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 the 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.

4. 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:

a. The University may disclose the following types of “directory information” without restriction unless the student objects in writing within 30 days after enrollment: name; address (home and local); telephone number (home and local); E-mail address; photograph; dates of attendance; date and place of birth; major field of study; participation in officially recognized activities, organizations, and athletic teams; weight and height of members of athletic teams; degrees and awards; academic institution attended immediately prior to Spalding University.

b. 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 tasks. A University official has a legitimate educational interest if the official needs to review an educational record in order to fulfill the official’s professional responsibility.

c. The University will disclose information to government agencies entitled to it by law.

d. The University may disclose information to the parent(s) or guardian(s) of a student unless the student has filed a statement certifying that the student is not financially dependent as defined by the federal income tax laws.

e. After trying to notify the student involved, the University will disclose information in response to a lawfully issued subpoena.

f. 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.

g. 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 personally identifying information will be destroyed when the study is completed.

h. 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 a minimum, to make a reasonable attempt to advise the student of the disclosure either before or after it occurs.

i. 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.

5. 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.

Should additional questions regarding FERPA or its application to a certain set of facts arise, please contact the Office of the Corporate General Counsel.

[1] According to the Buckley Amendment, information contained in the educational records of students who are eighteen years of age or older or enrolled in post-secondary institutions may be sent to the parents without the written consent of the student only if the student is a financial dependent of the parents. (The term dependent is defined in Section 152 of the Internal Revenue Code as an individual’s son, daughter, stepson, or stepdaughter of a taxpayer who receives over half of the individual’s support from the taxpayer during the given calendar year.)