Family Educational Rights and Privacy Act (FERPA)
Family Educational Rights and Privacy Act (FERPA)
Right of Student Privacy
In accordance with Public Law 93-380, Education Amendments of 1964, offices in which student records are maintained are: Registrar, Student Life, Financial Aid, Health Services, Career Services, and Admissions.
Notification of Rights Under FERPA
The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. These rights are:
1. The right to inspect and review the student’s education records within 45 days of the day the University receives a request for access. Students should submit to the registrar, dean, head of the academic department, or other appropriate official, written requests that identify the record(s) they wish 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.
2. The right to request the amendment of the student’s education records that the student believes is 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 identify 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.
3. The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is defined as a person employed by the University in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit 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 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 responsibility.
Upon request, the University discloses education records without consent to officials of another school in which a student seeks or intends to enroll.
Other exceptions under which the University may disclose a student’s record without the student’s consent include the following: If a student is a dependent of his parents as defined by the Internal Revenue Code, the University may choose to disclose records of the student to the parent. If a student is under 21 years of age, the University may give the student’s parents information concerning the student’s violation of alcohol and drug rules. The University may give information about the results of a student’s disciplinary action to a student victim of a sexual offense.
4. 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 is:
Family Policy Compliance Office
U.S. Department of Education
400 Independence Avenue, S.W.
Washington, D.C. 20202-4605
Disclosure of Directory Information
The University has designated certain information contained in the education records of its students as directory information for purposes of this Act. The following information regarding a student is considered directory information: name, address, telephone number, campus e-mail address, date and place of birth, photograph, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent previous educational agency or institution attended by the student, enrollment status, and other similar information.
Directory information may be disclosed by the University for any purpose in its discretion, without the consent of the student. Students have the right, however, to refuse to permit the designation of any or all of the above information as directory information. In that case, the information will not be disclosed except with the student’s consent or as otherwise allowed by the Act.
Any student refusing to have any or all of the designated directory information disclosed must file written notification to this effect with the University at the Office of the Registrar on or before the 12th class day for the fall and spring semesters, or the fourth class day for summer terms. Forms for this purpose are available at Registrar’s Office on the second floor of the Packer Administration Building. In the event a refusal is not filed, the University assumes that a student does not object to the release of the directory information as designated.
The University will, when legally permitted, make a reasonable effort to notify the student of a court order or subpoena before the University will act to comply with those who request or order the production of confidential information.
Howard Payne University respects the student’s right to privacy and to protection against unwarranted and/or unreasonable search. The policy regarding room entry, inspection, and/or search and seizure is that University officials will enter the room of a student only with the consent of the student except:
1. in an emergency situation;
2. when there are reasonable grounds to believe the room contains evidence of the commission of a criminal offense or a violation of University rules or policies;
3. for maintenance purposes;
4. when a valid search warrant has been presented by the proper authority; or
5. when entry occurs for reasons of health and safety.