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Family Educational Rights and Privacy Act (FERPA)
The Family Educational Rights and Privacy Act affords students certain rights with respect to their education records. These rights apply to all students in attendance at a post-secondary institution. These rights include:
- The right to inspect and review the student’s education record . Students should submit to the University Registrar a signed written request that identifies the record(s) they wish to inspect. Arrangements for access will be made within 45 days of the day the University receives the signed written request for access. The student will be notified of the time and place where the records may be inspected.
- The right to request the amendment of the student’s
education records that the student believes are
inaccurate, misleading or in violation of the student’s
right to privacy. Students may request an amendment to the
educational record by submitting a request in writing to
the University Registrar. The request must state the specific
portion of the education records the student believes is
inaccurate, misleading, or in violation of their privacy
rights and, if appropriate, state the correct information
that should be in the records. After a review of the student’s
request, the student will receive a decision in writing.
If the University decides not to amend the record as requested
by the student, the notification to the student will advise
the student of his or her right to a hearing and the hearing
procedures. NOTE: The Family Educational Rights and Privacy
Act was not intended to provide a process to be used to
question substantive judgments that are correctly recorded.
Under this, students may not request amendment to grades
that are recorded as issued by the faculty, outcomes to
disciplinary hearings, reflections or judgments recorded
as part of an evaluation process, or other judgments correctly
recorded. Students must refer to other institutional procedures
to address these concerns.
- The right to limit disclosures of some personally identifiable information contained in the student’s education records . To release personally identifiable information the student must provide a signed request/release to the appropriate office. FERPA does allow the release of personally identifiable information under the following conditions.
- Directory information. Avila
University has identified the following information
as directory information that may be released without
a student’s written consent: verification of enrollment
status (full-time, part-time, graduate, undergraduate,
and classification), name, major and minor field of
study, academic honors, degrees awarded, dates of attendance,
participation in campus activities and sports, weight
and height (only if a member of an athletic team), most
recent education agency or institution attended, hometown,
and photograph. Student’s addresses, email addresses,
and telephone numbers will be released without the student’s
consent only in connection with campus events
and to persons with legitimate reason. Students
have the option to opt out of the release of all or
part of directory information. This request must be
provided in writing to the Registrar no later than the
second week of the semester. Signed written
requests to limit the release of directory information
must be received in the Registration & Student Records
Office by the end of the second week of the semester
and will remain in force until rescinded in writing.
- School officials with legitimate
educational interests. At Avila University,
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.
This school official may be in an administrative, supervisory,
academic, research, or support staff position, a person
or company with whom the University has contracted,
a person serving on the Board of Trustees, or a student
serving on an official committee or assisting another
school official in performing his or her tasks. The
Registrar is responsible for determining if a person
has a legitimate educational interest to view education
records. The Vice President for Student Affairs will
determine legitimate educational interest for disciplinary
records.
- Officials at another school or institution
to which a student seeks or intends to enroll.
- Parents of dependent students.
Before Avila University can release any personally identifiable
information for a dependent student, the parent must
provide proof of dependency. This must be provided each
year to show continued dependency.
- Lawfully issued subpoena or court
order. Upon receipt of a lawfully issued subpoena
or court order, FERPA requires the institution to notify
the student at the student’s last known address.
The student will be allowed 10 working days to block
disclosure if they choose. (Blocking disclosure would
require the student to obtain legal counsel at their
own expense.) Exceptions to the wait time for disclosure
are only in the event of a Grand Jury Subpoena OR if
the judge has ordered that the request not be disclosed
to the student prior to the release of the information.
- Emergency Situations.
- To authorized representatives of
the Comptroller General of the United States, the Attorney
General of the United States, or The Secretary.
- State and local educational authorities.
- In connection with financial aid
for which the student has applied or which the student
has received. This information is released
if the information is necessary for such purposes as
to determine eligibility for the aid, determine the
amount of the aid, determine the conditions for the
aid, or enforce the terms and conditions of the aid.
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA. Complaints should be filed in writing to the following address:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington , DC 20202-5920
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