Privacy Policy
Family Rights and Privacy Act Notification
Certain student rights with respect to their education records are protected by the Family Educational Rights and Privacy Act (FERPA), these rights are:
Student Education Records
(1) The right to inspect and review the student's education records within 45 days of the day the College receives a request for access.
A student should submit to the registrar, dean, head of the academic department, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. The College 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 College official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
(2) The right to request the amendment of the student’s education records that the student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
A student who wishes to ask the College to amend a record should write the College official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed.
If the College decides not to amend the record as requested, the College will notify the student in writing of the decision and the student’s 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. The hearing procedures utilized by the College will vary based on the nature of the record which is the subject of the request.
(3) The right to provide written consent before the College discloses personally identifiable information from the student's education records, except to the extent that FERPA authorizes disclosure without consent.
The College discloses education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by the College 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 College has contracted as its agent to provide a service instead of using College employees or officials (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 school official in performing his or her tasks.
A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the College. Upon request, the College may also disclose education records without consent to officials of another school in which a student seeks or intends to enroll.
(4) The right to file a complaint with the U.S. Department of Education concerning alleged failures by the College to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington , DC 20202-5901
Disclosures to Parents/Legal Guardians of Students
FERPA gives parents/legal guardians certain rights with respect to their student’s education records. When a student reaches the age of 18 or attends a postsecondary institution, regardless of the age of the student, the FERPA rights transfer to the student.
Guidelines for the disclosure of information to parents/legal guardians are as follows:
- Parents/legal guardians may obtain directory information at the discretion of the College.
- If it is determined that a student is legally dependent on either parent/legal guardian, parents may obtain nondirectory information (e.g. grades, GPA) at the discretion of the College.
- Parents/legal guardians may obtain non-directory information if the College has a signed release from the student on file.
- Parents/legal guardians may be notified by the College if their student, under the age of 21, has been found responsible for violating the College’s Substance Awareness (alcohol and drug) Policy.
- Parents/legal guardians may be notified by the College if their student’s residency or student status (ability to live on-campus) may be in jeopardy or revoked.
- Parents/legal guardians may be notified when their student is involved in a health or safety emergency.
Directory Information
At its discretion, the College may provide Directory Information without the consent of the student in accordance with the provisions of the Act, which information includes:
- Student Name
- Current Enrollment
- Address
- E-Mail Address
- Telephone Number
- Class Standing
- Full-Time or Part-Time Status
- Schedule of Classes
- Photograph
- Date and Place of Birth
- Major and Minor Fields of Study
- Dates of Attendance
- Degrees and Awards Received, including Dean's List and Graduation Honors
- Most Recent Previous Educational Institution Attended
- Participation in Officially Recognized Activities and Sports
- Weight and Height of Members of Athletic Teams
Students may instruct the College to withhold Directory Information by notifying the Registrar in writing within two weeks after the first day of class for each semester.
Request for nondisclosure will be honored by the institution for only one academic semester; therefore, authorization to withhold Directory Information must be filed each semester in the Registrar’s Office.
Non-directory Information
Non-directory information is any educational record not considered directory information. Non-directory information must not be released to anyone, including parents of the student, without the prior written consent of the student. Further, faculty and staff can access non-directory information only if they have a legitimate academic need to do so. Non-directory information may include:
• Social security numbers;
• Student identification number;
• Race, ethnicity, and/or nationality;
• Gender
• Transcripts; grade reports
Transcripts are non-directory information and, therefore, are protected educational records under FERPA. Students have a right to privacy regarding transcripts held by the school where third parties seek transcript copies. institutions should require that students first submit a written request to have transcripts sent to any third party as the privilege of privacy of this information is held by the student under FERPA. As an attorney, I would advise that schools should never fax transcripts because this process cannot guarantee a completely secure transmission of the student's grades to third parties.
Prior Written Consent
In general, a student's prior written consent is always required before institutions can legitimately disclose non-directory information. institutions may tailor a consent form to meet their unique academic needs. However, prior written consent must include the following elements:
• Specify the records to be disclosed;
• State the purpose of the disclosure;
• Identify the party or class of parties to whom the disclosure is to be made;
• The date;
• The signature of the student whose record is to be disclosed;
• The signature of the custodian of the educational record.
Prior written consent is not required when disclosure is made directly to the student or to other school officials within the same institution where there is a legitimate educational interest. A legitimate educational interest may include enrollment or transfer matters, financial aid issues, or information requested by regional accrediting organizations.
Institutions do not need prior written consent to disclose non-directory information where the health and safety of the student is at issue, when complying with a judicial order or subpoena, or where, as a result of a crime of violence, a disciplinary hearing was conducted by the school, a final decision was recorded, and the alleged victim seeks disclosure. In order for institutions to be able to disseminate non-directory information in these instances FERPA requires that institutions annually publish the policies and procedures that the institutions will follow in order to meet FERPA guidelines.
FERPA has strict guidelines regarding disclosing the educational records of dependent students. Though FERPA allows such disclosure, the act mandates that the institution first publish clearly delineated policies and procedures for the disclosure of these records. The institution must publish these guidelines annually in a format that is easily accessible to interested parties. As an attorney, I would recommend that both the dependent student and parents sign written disclosure agreements stating, at minimum, the following:
• The dependent student understands and allows parental access to these educational records;
• The dependent student and his/her parents have been given a copy of the institution's policies and procedures for the disclosure of students' records.
Most institutions charge their registrar's office with the responsibility to determine how their institutions will comply with FERPA disclosure requirements. Registrars commonly work with legal council in fashioning and publishing these guidelines. As advisors, it is advisable to check with your registrar's office if you have any questions or concerns before disclosing any student information to third parties.
Conclusion
The Family Education and Privacy Act was enacted by Congress to protect the privacy of student educational records. This privacy right is a right vested in the student. Generally:
• Institutions must have written permission from the student in order to release any information from a student's educational record.
• Institutions may disclose directory information in the student's educational record without the student's consent.
• It is good policy for the institution to notify the student about such disclosure and to seek the written permission of the student to allow disclosure of any educational records including directory information.
• Institutions should give the student ample opportunity to submit a written request that the school refrain from disclosing directory information about them.
• Institutions must not disclose non-directory information about students without their written consent except in very limited circumstances.
• institutions should notify students about their rights under FERPA through annual publications.
• When in doubt, it is always advisable to err on the side of caution and to not release student educational records without first fully notifying the student about the disclosure.
FOR MORE INFORMATION PLEASE SPEAK WITH THE ADMISSIONS DIRECTOR AT 1-800-523-1578.
In keeping with the provisions of the Family Educational Rights and Privacy Act of 1974 (Buckley Amendment), Teacher Education University will provide students with the opportunity to review education records, to seek corrections of information on those records, and to limit disclosure of student information. Teacher Education University conforms to the regulations regarding privacy rights of the Buckley Amendment. A copy of the Buckley Amendment is available by contacting the Director of Admissions. |