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The Family Educational
Rights and Privacy Act of 1974 (FERPA) is a federal law
protecting the confidentiality of student educational records.
To implement FERPA the University has formulated and
adopted a written institutional policy governing the handling of
these records. Copies
of this policy document are available to students at the Office of
Admission and Records, Room 116, University Center Building, and
it should be referred to for a more comprehensive treatment of
this subject.
The term “educational
records” under FERPA includes generally any record, whether in a
printer, handwritten, audio, video, or computer media format,
maintained by the University and containing information directly
related to a student in his/her role as a student.
Certain records are, however, excluded by FERPA from this
broad definition, such as those made by instructional, supervisory
and administrative personnel and kept in their sole possession,
those made by campus police, and those made by a physician or
other professional medical personnel in connection with treatment
of the student.
Under FERPA and University
policy, a student has a right of access to his/her educational
records, and may inspect and review the information contained in
them. To exercise
this right, the student should present a request to the University
office where the record is located and a response will be made no
later than 45 days later. In
certain cases, a copy of the record may be provided, with a
copying fee, as an alternative to actual inspection.
Some records are not within this right of review, such as
financial information from the student’s parents and
confidential letters or statements of recommendation where the
student has waived the right of access.
A student who believes
his/her educational records contain information that is
inaccurate, misleading, or in violation of his/her privacy rights
may bring the matter to the attention of the appropriate records
official. If by
informal discussion with this official the student does not obtain
the corrective action desired, the student will then be entitled
to a hearing at which he/she may challenge the objectionable item.
Additional information about hearing procedures will be
given to the student at that time.
The decision of the hearing official or panel shall be final.
If the decision is adverse to the student, he/she may
insert in the educational record an explanatory statement relating
to the disputed item.
A student’s privacy
interest in the education record is further protected by the rule
against unauthorized disclosure.
Generally the University may not, without the student’s
consent, release educational record or any personally identifiable
information in it to other individuals or entities.
Disclosure in certain
circumstances, however, is specifically excepted by FERPA from the
foregoing rule. These
circumstances include disclosure to certain parties- University
personnel who have a legitimate educational interest in the
information, officials of institutions where the student is
seeking to enroll, parties to which the student is applying for
financial aid, the parent of a dependent student, etc.; disclosure
to comply with a judicial order or lawfully issued subpoena or
disclosure in connection with health or safety emergency.
Under the first exception, “University Personnel”
includes any UAH employee, and a “legitimate educational
interest” means that the employee has a need for access to the
record to perform appropriate tasks clearly within the area of
responsibility of the employee, to perform a task related to the
education or discipline of the student, or to provide a benefit or
service related to the student.
Personally identifiable information will be transmitted by
the University under these exceptions only upon the condition that
the recipient not permit any other party to have access to it
without the student’s consent.
The University may also
release what is called “directory information” without
obtaining the student’s consent. Directory information is limited to the following: the
student’s name, address (local and permanent) telephone number,
date and place of birth, major field of study, participation in
officially recognized activities and sports, dates, of attendance,
degrees and awards received, and the previous educational
institution most recently attended. However, a student may prevent the release of even this
information, if he/she wishes, by so indicating at the time of
registration on a form provided for this purpose.
A request for nondisclosure of directory information must
be renewed each semester.
Any students who believe
that his/her rights under the FERPA have been violated by the
University may notify and request assistance from the Provost and
Vice President for Academic Affairs. The student may also file a complaint with the Family Policy
Compliance Office, Department of Education, 600 Independence
Avenue, S. W., Washington D.C. 20202-4505 |