What are Student Records? - Office of the Provost and Executive ...
What are Student Records? - Office of the Provost and Executive ...
What are Student Records? - Office of the Provost and Executive ...
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<strong>the</strong> right to request amendment <strong>of</strong> records <strong>and</strong> to have some control over <strong>the</strong> disclosure <strong>of</strong>personally identifiable information from <strong>the</strong>se records. Institutions may grant a student more rightsthan those guaranteed in <strong>the</strong> Act.FERPA applies to all schools that receive funding under most programs administered by <strong>the</strong>Secretary <strong>of</strong> Education. Most postsecondary institutions, both public <strong>and</strong> private, generally receivesuch funding <strong>and</strong> must, <strong>the</strong>refore, comply with FERPA. <strong>Student</strong>s have <strong>the</strong> right to report anyviolation <strong>of</strong> FERPA to The Family Policy Compliance <strong>Office</strong>, U.S. Department <strong>of</strong> Education, 600Independence Avenue, SW, Washington, DC, 20202-4605, (203) 260-3887, FAX (202) 260-9001.Institutions must annually notify students currently in attendance <strong>of</strong> <strong>the</strong>ir rights by any means that<strong>are</strong> reasonable, such as publication <strong>of</strong> a notice in <strong>the</strong> student h<strong>and</strong>book, catalog, or studentnewspaper. The regulations do not specify <strong>the</strong> means to be used. Schools <strong>are</strong> not required byFERPA to notify former students <strong>of</strong> <strong>the</strong>ir FERPA rights.Institutions may not disclose information contained in education records without <strong>the</strong> student’swritten consent except under conditions specified in <strong>the</strong> Act. An institution is not required todisclose information from a student’s records to <strong>the</strong> p<strong>are</strong>nts <strong>of</strong> dependent students but may exerciseits discretion to do so. It is <strong>the</strong> responsibility <strong>of</strong> an institution to ensure that information is notimproperly disclosed to <strong>the</strong> p<strong>are</strong>nts <strong>of</strong> students.To Whose <strong>Records</strong> Does <strong>the</strong> Act Apply?FERPA applies to <strong>the</strong> education records <strong>of</strong> persons who <strong>are</strong> or have been in attendance inpostsecondary institutions, including students in cooperative <strong>and</strong> correspondence study programs.Conflict with State LawIt should be noted that FERPA may be more permissive than <strong>the</strong> privacy <strong>and</strong> public informationlaws <strong>of</strong> some states. FERPA should not be interpreted to reduce <strong>the</strong> stringency <strong>of</strong> such State laws.They counsel common sense, good judgment, perspective, <strong>and</strong> integrity for compliance bypostsecondary institutions in <strong>the</strong> implementation <strong>of</strong> <strong>the</strong> Act.In order to comply with all provisions <strong>of</strong> FERPA, including its regulations <strong>and</strong> disclosureprovisions, an institution must take three basic steps:1. Have a written institutional policy <strong>and</strong> procedures on how <strong>the</strong> institution complies withFERPA;2. Must notify students <strong>of</strong> <strong>the</strong>ir privacy rights under FERPA. Two types <strong>of</strong> notificationmust be given:(1) annual notification to current students <strong>of</strong> <strong>the</strong>ir rights <strong>and</strong>(2) public disclosure <strong>of</strong> <strong>the</strong> institution’s categories <strong>of</strong> personally identifiableinformation <strong>the</strong> institution has designated as “Directory Information.”3. Provide students access to review <strong>and</strong> request an amendment to <strong>the</strong>ir records.