FERPA

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What is FERPA

The Family Educational Rights and Privacy Act of 1974, as Amended, is a federal law regarding the privacy of student education records and the obligations of the institution, primarily in the areas of release of the education records and the access provided to these education records.

Who must comply with FERPA

Any educational institution that receives funds under any program administered by the U.S. Secretary of Education is bound by FERPA requirements. Institutions that fail to comply with FERPA may have funds administered by the Secretary of Education withheld. To comply with FERPA, educational institutions are required to:

  • Annually notify students of their FERPA rights;
  • Protect the students’ FERPA rights;
  • Ensure that personally identifiable information from a student’s education record is not re-disclosed;
  • Keep records of requests for and disclosures of student education records (with some exceptions).

Education Records under FERPA

Under FERPA, education records are defined as records that are directly related to a student and/or from which a student can be identified (personally identifiable information) and are maintained by an education agency or institution or by a party acting for the agency or institution. Education records can exist in any medium, including: typed, computer generated, videotape, audiotape, film, microfilm, microfiche and email, among others.

Education records do not include such things as:

  • Sole possession records, i.e., records/notes made by one person as an individual observation or recollection (used only as a personal memory aid) which are kept in the possession of the maker and not revealed or accessible to any other person except a temporary substitute;
  • Medical treatment records that include but are not limited to records maintained by physicians, psychiatrists, and psychologists;
  • Employment records when employment is not contingent on being a student, provided the record is used only in relation to the individual’s employment;
  • Records created and maintained by a law enforcement unit used only for only that purpose;
  • Post-attendance records, i.e., information about a person that was obtained when the person was no longer a student (alumni records) and does not relate to the person as a student.

Student Rights under FERPA

FERPA rights transfer from the parent to the student when the student turns 18 or attends a post-secondary institution at any age. The student would need to provide a signed consent in order for the disclosure of information to the parents

In accordance with FERPA, Weatherford College annually notifies students of their FERPA rights. Students are notified of their FERPA rights in the college catalog, website, and student handbook. A student’s FERPA rights include:

  • The right to inspect and review their education records;
  • The right to request the amendment of an education record they believe is inaccurate, misleading, or in violation of the student’s rights of privacy (including the right to a hearing regarding the request for amendment);
  • The right to have some control over the disclosure of information from their education records;
  • 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.

Right to Inspect and Review Education Records

Students (which includes former students) have the right to inspect and review their education records within 45 days from making such a request. The right of inspection and review includes: the right to access, with an explanation and interpretation of the record; the right to a copy of the education record when failure to provide a copy of the record would effectively prevent the student from inspecting and reviewing the record. The institution may refuse to provide a copy of a student’s education record provided such refusal does not limit access

Limitations exist on students’ rights to inspect and review their education records. For example, the institution is not required to permit students to inspect and review the following:

  • Financial information submitted by parents;
  • Education records containing information about more than one student (however, the institution must permit access to that part of the records which pertains only to the inquiring student);
  • Confidential letters and statements of recommendation, placed in the records to which the student has waived his or her right to review and that are related to the student’s admission, application for employment or job placement, or receipt of honors.

Right to Have Some Control of the Disclosure Information from Education Records

According to FERPA, personally identifiable information in an education record may not be released without prior written consent from the student. The written consent must specify the records that may be disclosed, state the purpose of disclosures, and identify the party to whom disclosures may be made. A “FERPA Release” form is available in the Student Services Office.

With few exceptions (stated below), Weatherford College will not disclose personally identifiable information from a student’s education record without the student’s written consent. Weatherford College will not release a student’s record to a parent/guardian without the student’s written permission or documentation proving the student is claimed as a dependent for tax purposes. This procedure is in effect regardless of the student’s age or financial dependency upon the parent/guardian.

Exceptions

Notable exceptions which permit access and/or disclosure of information in a student’s education record without the student’s written consent include

Directory Information: Disclosure of those items the College designates as directory information. Weatherford College has designated the following information as directory information and may release this information, unless the student has submitted a request for non-disclosure:

  • Name
  • Address
  • Telephone Number
  • Date and place of birth
  • Major field of study
  • Participation in officially recognized activities and sports
  • Weight and Height of members of athletic teams
  • Other similar information, including gender, minor status, current class schedule, number of hours currently enrolled, classification, marital status, prospective graduate, religious preference, other educational agencies or institutions attended, names and addresses of parents, parking permit records.

A student’s directory information may be disclosed unless a student files a “Request for Non-Disclosure of Directory Information” form with the Student Services Office.

School Official: Disclosure to school officials with legitimate educational interests. A school official is defined as a person employed by the College in an administrative, supervisory, academic, or support staff position (including law enforcement unit); a person or company with whom the College has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; a student serving on an official committee, such as 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.

Solomon Amendment: Pursuant to the Solomon Amendment, Weatherford College is required to provide some or all of the following information, upon request, to representatives of the Department of Defense for military recruiting purposes: student’s name, address, telephone listing, date of birth (17 years or older), level of education, and academic major (for currently enrolled students only).

Other disclosures permissible without written consent include disclosure to: to officials of another school in which a student seeks or intends to enroll; specified officials for audit or evaluation purposes; appropriate parties in connection with financial aid to a student; organizations conducting certain studies on behalf of the College; accrediting organizations; appropriate officials in cases of health and safety emergencies; State and local authorities, within a juvenile justice system, pursuant to specific State law; victims of certain offenses the final results of a disciplinary proceeding regardless of the outcome; anyone the final result of a campus disciplinary proceeding in which a violation of certain offenses occurred; parents of a student under age 21 who violates drug or alcohol laws or policies; comply with a judicial order lawfully issued subpoena.

Right to File a Complaint

If a parent or eligible student feels that the college has not fully honored his/her privacy rights under FERPA, the student can follow Weatherford College Complaint Policy. Additionally, a written complaint may be filed with the Family Compliance Office, U.S. Department of Education, 400 Maryland Ave. SW, Washington, DC 20202-4605. The Family Compliance Office investigates each timely complaint to determine whether the educational agency or institution has failed to comply with the provisions of FERPA. A timely complaint is defined as an allegation that is submitted within 180 days of the date of the alleged violation or of the date that the complainant knew or reasonably should have known of the alleged violation.

Subpoena

Weatherford College will comply with all subpoenas served by a proper means of service. In keeping with the law, if the student has not signed a consent for their records to be released, the college will make their best effort to notify the student in writing that a subpoena requesting their educational records has been received. The student will be given 10 working days from the date the letter is mailed to respond and object to the release of records. A notice stating the student’s intent to object to the release of records should be sent to the Weatherford College Registrar’s Office. The student must also file a motion to that effect in the court from which the subpoena was issued. A copy of this filed motion should be sent to Weatherford College.