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(originally
posted 01.31.06)
Last modifed: 02.27.06
I.
Introduction
II.
Students’ Rights Provided for Under FERPA
III.
Miscellaneous
IV.
Definitions
V.
Contacts
I.
Introduction
The Family Educational Rights and Privacy Act (“FERPA”), also known
as the Buckley Amendment, affords students certain rights with respect
to their Education Records. In addition to Drexel University’s FERPA
Policy, these interpretive guidelines provide additional information
on FERPA and Drexel University’s practice with regard to FERPA.
Please refer to Drexel University’s FERPA Policy by clicking here.
Who
is protected by FERPA?
FERPA gives students that reach the age of 18 or attend a post secondary
institution the right to inspect and review their own Education
Records. Furthermore, FERPA provides students with other rights
including the right to request amendment of records and to have
some control over the disclosure of personally identifiable information
from these records.
FERPA applies to the Education
Records of persons who are or have been in attendance in post
secondary institutions including students in cooperative and correspondence
study programs, internships, study abroad and clinical rotations.
FERPA does not apply to the records of applicants for admission
that are denied acceptance or, if accepted, do not attend an institution.
What
is protected under FERPA?
FERPA deals specifically with the Education Records of students
affording them certain rights with respect to those records. For
purposes of definition, Education Records are those records which
are:
- Directly
related to a student;
- Maintained
by an institution or a party acting for the institution.
For example, Drexel maintains the following records on behalf of
students and these records comprise, in part the Education Records:
— Admission Records1
— Transcripts
— Health Records
— Financial Aid Records
— Placement Records
— Progress Records
— Disciplinary Records
The term Education Records is broadly defined to include all records
that an institution maintains concerning a student except those
records that are specifically exempted by statute. Five
separate categories of records are exempted from this definition:
-
Records of instructional, supervisory, administrative, and certain
educational personnel which are in the sole possession of the
maker thereof, and are not accessible or revealed to any other
individual except a substitute who performs on a temporary basis
(as defined in the institutional personnel policy) the duties
of the individual who made the records.
-
Records maintained by a law enforcement unit of the educational
agency or institution that were created by that law enforcement
unit for the purpose of law enforcement.
-
Records relating to individuals who are employed by the institution,
which are made and maintained in the normal course of business,
relate exclusively to individuals in their capacity as employees,
and are not available for use for any other purpose.
- Records
relating to a student which are:
- Created
or maintained by a physician, psychiatrist, psychologist,
or other recognized professional or paraprofessional, acting
in his/her professional capacity or assisting in a paraprofessional
capacity or assisting in a paraprofessional capacity.
- Used
solely in connection with the provision of treatment to the
student.
- Not
disclosed to anyone other than individuals providing such
treatment.
-
Records that only contain information about an individual after
he or she is no longer a student at that institution.
The information contained in the Education Record can be classified
as either Directory Information or Non-Directory Information. FERPA
guidelines for Directory and Non-directory information are provided
below.
1
FERPA rights FERPA Answer Book for Higher Education Professionals.
LRP Publications 1998
What
is Directory Information?
Provisions of FERPA allow the institution to define Directory Information,
that is, information which is treated as public information. Drexel
University determined that the following student information is
Directory Information:
names; local address; local telephone number; campus e-mail address;
dates of attendance; registration status; class; college or school;
major field of study; awards, honors, degree(s) conferred and dates
received; past and present participation in officially recognized
sports and activities; physical factors (height, weight) of athletes;
previous educational institutions attended; and date and place of
birth.
The following Directory Information is made available on Drexel
University’s online directory: name, email address, program of study
and college or school.
All other Directory Information may be made available to anyone
who makes a request for such information, without notifying the
student unless a Request for Non Disclosure is signed. To review
the process by which a student can make this request, please refer
to the section entitled Students May Request Non-Disclosure of Directory
Information, below.
What
is Non-Directory information?
All information contained in the Education Record that does not
fall under the definition of directory information as defined by
Drexel University is considered Non-Directory Information. For instance,
a student’s academic, health, financial and placement records are
considered Non-Directory Information and therefore private. There
are strict guidelines regarding the release of non-directory student
information; to review these guidelines please refer to 5Exceptions
to Student Consent for Release of Educational Records.
II.
Student Rights Provided for Under FERPA
Students
May Request Non-Disclosure of Directory Information.
Enrolled students may withhold disclosure of Directory Information
under FERPA. Upon designating this status on one’s Education Records,
no information regarding the student can be released to the general
public -- including phone requests from financial lenders, employers
or insurance companies for verification of terms of enrollment,
verification of their presence on campus, nor any address or telephone
information -- without requiring the student’s consent or falling
under one of the other exceptions. Click
here to access the Request for Non-Disclosure of Directory Information
form.
Students
May Inspect and Review their Education Records.
Students and former students have the right to inspect and review
their Education Records.
Students must be able to inspect and review their Education Records
within a maximum of 45 days after they request to do so. The request
to inspect and review the Record may be made by completing the Request
to Review the Education Record form. The right of inspection
and review also includes:
- The
right to an explanation and interpretation of the Record.
- The
right to a copy of the Education Records when failure to provide
a copy of the records would effectively prevent the student from
inspecting and reviewing the records.
Some limitations exist on a student’s right to inspect and review
his or her Education Records. Institutions do not have to permit
a student to inspect and review Education Records that are:
- Financial
information submitted by parents.
- Confidential
letters and recommendations placed in their files prior to January
1, 1975.
- Confidential
letters and recommendations placed in their files after January
1, 1975, to which the student has waived his or her right to inspect
and review and that are related to the students' admission, application
for employment or job placement, or receipt of honors.
- Education
records containing information about more than one student.
Students
May Challenge the Contents of Education Records.
Institutions must provide the student with an opportunity to challenge
and amend the contents of the Education Record which he or she consider
to be inaccurate, misleading, or otherwise in violation of their
privacy or other rights. Officials who receive challenge requests
must decide within a reasonable period of time whether corrective
action consistent with the student's request will be taken. The
student must be notified of the decision. If the decision is in
agreement with the student's request, the appropriate record(s)
must be amended. A student who is not provided full relief sought
by his/her challenge must be informed by the appropriate official,
in writing, of the decision and his/her right to a formal hearing
on the matter.
Students
May Consent to Release Records.
In the event that a student want to provide ongoing access to their
Education Records to an individual i.e., parent or family member,
they must complete a FERPA Student’s Authorization to Release Records
form. This will allow the named individual’s complete access to
that student’s Education Record until such permission is revoked.
In the event that a student wants to release enrollment verification
information to a third party, ie, insurance provider or potential
employer, he or she must complete an Enrollment
Verification Request form.
If you need additional information or have concerns regarding consent,
please email your question or concern to ferpa@drexel.edu.
Exceptions
to Student Consent for Release of Education Records
FERPA allows the institution the right to disclose student records
or identifiable information without the student's consent under
the following circumstances:
- The
disclosure is to authorized federal and state representatives
for audit/evaluation/compliance activities.
- The
disclosure is to School
Officials that are in the process of carrying out their assigned
educational or administrative responsibilities and have a Legitimate
Educational Interest.
- The
disclosure is to officials of other institutions in which a student
seeks or intends to enroll on the condition that the issuing institution
makes a reasonable attempt to inform the student of the disclosure
or unless the student initiates the transfer.
- The
disclosure is in connection with financial aid for which a student
has applied or received, if the information is necessary for the
determination of eligibility, amount and conditions of aid or
to enforce the terms and condition of aid.
- The
disclosure is to organizations conducting studies for, or on behalf
of, educational agencies or institutions to develop, validate,
and administer predictive tests, to administer student aid programs
or to improve instruction, provided that individual identity of
students is not made.
- The
disclosure is to accrediting organizations carrying out their
accrediting functions.
- The
disclosure is to comply with a judicial order or a lawfully issued
subpoena, provided that the University makes a reasonable attempt
to notify the student in advance of compliance. NOTE: The University
is not required to notify the student if a federal grand jury
subpoena, or any other subpoena issued for a law enforcement purpose,
orders the institution not to disclose the existence or contents
of the subpoena.
- The
disclosure is in connection with a health and safety emergency.
- The
disclosure is to a victim of an alleged crime of violence or a
non-forcible sex offense. The disclosure may only include the
final results of the disciplinary proceeding conducted by the
institution, regardless of whether the institution concluded a
violation was committed or not.
- The
disclosure is to the parents of a student under 21 years of age
who has been found responsible for a violation involving the use
or possession of alcohol and/or drugs.
Students'
Rights after Ceasing Attendance or Graduating
Students that are no longer attending or that have graduated from
the University have basically the same FERPA rights as students
currently attending Drexel University, including the right to:
- Inspect
their education records
- Have
a hearing to amend an education record, and
- Have
their education privacy protected by the institution.
Once students leave the university they do not have the right to
request non-disclosure of their directory information.
Any records created after a student graduates or no longer attends
the University are not considered part of the Education Record and
therefore are not protected under FERPA.
III.
Miscellaneous
Parental
Access to Children's Education Records
At the post secondary level, parents have no inherent rights to
inspect a student's Education Records. The right to inspect is limited
solely to the student. Records may be released to the parents only
under the following circumstances:
- If
a student signs a written consent giving parents access to a particular
part of a student’s Education Record.
- If
a student signs a FERPA
Authorization to Release the Education Record which permits
individuals, including parents, to have access to a student’s
Education Record.
- If
a student under the age of 21 years is found responsible for a
violation involving use or possession of alcohol and/or drugs.
For more information, please refer to the section below.
Release
of Disciplinary Information
The student and/or those University Officials who demonstrate a
Legitimate Educational
Interest for disciplinary information may have access to the
student's disciplinary file. In addition, parent(s) may be notified
if a student under 21 years of age is found responsible for a violation
involving use or possession of alcohol and/or drugs.
The Campus Security Act permits higher education institutions to
disclose to alleged victims of any crime of violence (murder, robbery,
aggravated assault, burglary, motor vehicle theft) the results of
the conduct proceedings conducted by the institution against an
alleged perpetrator with respect to such crime. The Campus Security
Act also requires that both the accused and the accuser be informed
of campus conduct proceedings involving a sexual assault.
Additionally, the Higher Education Amendments of 1998 permit disclosure
of the final results of disciplinary cases in which a student has
been found responsible for a violation involving violence or for
a sex offense.
IV.
Definitions and Terms
The
Buckley Amendment
FERPA is sometimes referred to as the Buckley Amendment. In 1974
Senator Buckley “introduced an amendment to the Elementary and Secondary
Education Act that included what became FERPA legislation. The portions
of his proposal that became what we now know as FERPA were passed
in both houses of Congress by voice vote, without prior study or
hearings by legislative committees, or even floor debate”2.
2
FERPA rights FERPA Answer Book for Higher Education Professionals.
LRP Publications 1998
Education
Records
Education Records are those Records which are:
- Directly
related to a student;
- Maintained
by an institution or a party acting for the institution.
For a thorough definition of Education Records, please refer to
the section entitled, What
is protected by FERPA.
The term Education Records is broadly defined to include all records
that an institution maintains concerning a student except those
records that are specifically exempted by statute. *There
are five separate categories of records that exempted from the definition
of Education Records.
Directory
Information
Please refer to the section entitled, What
is Directory Information.
Non-Directory
Information
Please refer to the section entitled, What
is Non-Directory Information.
Legitimate
Educational Interest
A School Official has a Legitimate Educational Interest in the protected
records if the official is:
- Performing
a task that is:
— Specified in his or her position description
or contract agreement;
— Related to a student’s education; or
— Related to the discipline of a student.
- Providing
a service or benefit relating to the student or student’s family,
such as health care, counseling, job placement, or financial aid.
- Maintaining
the safety and security of the campus.
The determination as to whether or not a Legitimate Educational
Interest exists will be made by the FERPA Officer on a case by case
basis. When the FERPA Officer has any questions regarding the request,
the FERPA Officer should withhold disclosure unless he or she obtains
consent from the student, or the concurrence of a supervisor or
other appropriate official that the record may be released. Consult
with the Registrar, the FERPA Officer for Drexel University.
School
Official
A School Official is:
- A
person employed by the University in an administrative, supervisory,
academic or research, or support staff position, including health
or medical staff;
- A
Trustee, public safety officer, or outside contractor such as
an attorney or auditor acting as an agent for the University;
- A
student serving on an official committee, such as a disciplinary
or grievance committee, or who is assisting another School Official
in performing his or her tasks.
The
Solomon Amendment
The Solomon Amendment is a federal law mandating that an institution
receiving certain kinds of education funding must fulfill military
recruitment requests for access to campus and lists containing student
recruiting information.
These requests are directed to the University Registrar, Drexel’s
FERPA Officer.
Subpoena
A subpoena is a command to appear at a certain time and place to
give testimony upon a certain matter or to produce certain books,
papers or other things.
V.
Contacts
These are interpretive guidelines only. For More Information Regarding
FERPA Rights:
For further detail or specific questions, please call the Office
of the University Registrar at 215.895.4948 or email at ferpa@drexel.edu
To request more information Directory Information and Non-Disclosure
of Directory Information, please the Office of the University
Registrar at 215.895 4948 or email ferpa@drexel.edu
To request information regarding Access to the Educational Record,
please contact the Office of the University Registrar at 215.892.4948
or email ferpa@drexel.edu
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