The Family Educational Rights and Privacy Act (FERPA)
In compliance with Section 438 of the “General Education Provisions Act” (as amended) entitled “Family Educational Rights and Privacy Act of 1974" (FERPA) the following constitutes the institutions’ policy on providing appropriate access to personal records, while protecting their confidentiality.
Emporia State University accords all the rights under the law to students. Those rights are: 1) the right to inspect and review the student’s education records; 2) the right to request the amendment of the student’s education records to ensure that they are not inaccurate, misleading, or otherwise in violation of the student’s privacy or their rights; 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; 4) the right to file with the U.S. Department of Education a complaint concerning alleged failures by ESU to comply with the requirements of FERPA; and 5) the right to obtain a copy of ESU’s student records policy. You can obtain a copy of the policy from the Registrar’s Office.
Definitions
For the purpose of this policy, ESU has used the following definitions:
Student - any person who attends or has attended ESU
Education records - any record (in handwriting, print tapes, film, computer, or other medium) maintained by ESU or an agents of the University which is directly related to the student, except:
1. Files retined by a staff member if it is kept in sole possession of the maker of the record and is not accessible or revelated to any other person except a temporary substitute for the maker of the record.
2. An employment record of any individual whose employment is not contingent upon the fact that he/she is a student, provided the record is used only in relation to the individual’s employment.
3. Records maintained by the Student Health Service if the records are used only for treatment of a student and made available only to those persons providing treatment.
4. Alumni records which contain information about a student after he/she is no longer in attendance at ESU and which do not relate to the person as a student.
5. Records created and maintained by ESU Law Enforcement Unit for law enforcement purposes.
Procedure to Inspect Education Records
Students may inspect and review their education records upon request to the appropriate records custodian.
Students should submit to the record custodian or an appropriate University staff person a written request which identifies as precisely as possible the record(s) he/she wishes to inspect. The records custodian or appropriate staff person will make the needed arrangement for access as promptly as possible and notify the student of the time and place where the records may be inspected. Access must be given in 45 days or less from the receipt of the request.
When a record contains information about more than one student, the student may inspect and review only the records which relate to her/him.
ESU may charge the current copying charge per page. This does not entitle a student to an official transcript, for which there is a higher charge and which will be withheld if the person owes the University money or property.
Limitation on Right of Access
ESU reserves the right to refuse to permit a student to inspect the following records:
1. The financial statement of the student’s parents.
2. Letters and statements of recommendation for which the student has waived his/her right of access, or which were maintained before January 1, 1997.
3. Records connected with an application to attend ESU or a component unit of ESU if application was denied.
4. Those records which are excluded from the FERPA definition of education records.
Disclosure of Education Records
ESU will disclose information from a student’s education records only with the written consent of the student, except that records may be disclosed without consent when the disclosure is:
1. Personnel within the institution determined by the institution to have a legitimate educational interest. A school official is: a person employed by ESU in an administrative, supervisory, academic or research, or support staff position, including health or medical staff; a person selected to the Board of Regent’s; a person employed by or under contract to the University to perform a special task, such as, the attorney or auditor; a person employed by ESU Law Enforcement Unit; or a student serving on an official committee, such as, disciplinary or grievance committee, or who is assisting another school official in performing his/her task.
A school official has a legitimate education interest if the official is: performing a task that is specified in her/his position description or contract agreement; performing a task related to a student’s education; performing a task related to the discipline of a student; providing a service of financial aid; maintaining the safety and security of the campus.
2. To officials of another school, upon request, in which a student seeks or intends to enroll.
3. To certain officials of the U.S. Department of Education, the Comptroller General, and state and local educational authorities, in connection with audit or evaluation of certain state or federally supported education programs.
4. In connection with a student’s request for receipt of financial aid, as necessary to determine the eligibility, amount or conditions of the financial aid, or to enforce the terms and conditions of the aid.
5. To state and local official or authorities if specifically required by a state law that was adopted before November 19, 1974.
6. Organizations conducting studies to develop, validate, and administer predictive tests, to administer student aid programs, or to improve instruction.
7. To accrediting organizations to carry out their functions.
8. Parents of a student who have established that student’s status as a dependent–IRS Code of 1986, Section 152.
9. Persons in compliance with a judicial order or a lawfully issued subpoena, provided that the institution first make a reasonable attempt to notify the student unless the subpoena is issued from a federal grand jury, or is issued for a law enforcement purpose, and orders the institution not to notify the student.
10. Persons in an emergency, if the knowledge of information, in fact, is necessary to protect the health or safety of the student or other persons.
11. An alleged victim of any crime of violence of the results of any institutional disciplinary proceeding against the alleged perpetrator of that crime with respect to that crime.
12. To individuals requesting “Directory Information” so designated by ESU.
Record of Request for Disclosure
ESU will maintain a record of all requests for and/or disclosures of information from a student’s education records as long as the student is currently enrolled. The record will indicate the name of the party making the request, any additional party to whom it may be redisclosed and the legitimate interest the party had in requesting or obtaining the information. The record is open only to the student and the person in charge of the record.
Directory Information
ESU designates the following items as Directory Information: student name, address(es), phone number(s); e-mail addresses; dates of attendance; classification; enrollment status; major(s), awards, degrees conferred (including dates); past/present participation in officially recognized sports/activities; physical factors (height & weight of athletes).
Students may withhold disclosure of “Directory Information” to non-institutional persons/organizations. Forms requesting the withholding of information are available in the Registrar’s Office (Plumb Hall 108). Otherwise, ESU assumes that students approve disclosure of that information. Forms must be completed by the end of the second week of the Fall semester in order not to be published in the Campus Directory, which is published and made available to people outside ESU each Fall.
Aside from the specific deadline that relates to the Campus Directory in the Fall, request for non-disclosure may be filed anytime, but cannot become effective until filed. Requests will be honored for only one academic year, therefore requests to withhold “Directory Information” must be filed annually.
Correction of Education Records
Students have the right to ask to have records corrected that they believe to be misleading, inaccurate, or in violation of their privacy rights. Contact the Registrar’s Office (Plumb Hall 108) for procedures.
Questions regarding FERPA should be directed to the University Registrar, Room 108 Plumb Hall.
FERPA information is also available online at:
<http://www.emporia.edu/regist>
September 2005
Last Updated August 6, 2008