Student Rights Under FERPA
Right of Inspection and Review
- Current and former students have the right to inspect and review their Education Records within 45 days of the date that the University receives a request for access.
- A request that identifies the Education Record(s) to be reviewed or inspected must be submitted in writing by the student to the University Registrar, a Dean, a Chair, or other appropriate University Official. That University Official will make arrangements for access to the records with the University Registrar and will notify the student of the time and place where the records may be inspected. If the records are not maintained by the University Official to whom the request was made, that University Official shall advise the student of the correct individual to whom the request should be made.
Right to Request Amendment of Education Record
The University provides a student with an opportunity to request amendment to the contents of an Education Record, which he/she considers to be inaccurate, misleading, or otherwise in violation of his/her privacy or other rights. A University Official who receives such a request will coordinate with the University Registrar and they will 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 University Official, in writing, of the decision and his/her right to a formal hearing on the matter.
Right to Consent to Disclosure of Education Records
The University will disclose information from a student’s Education Records only with the written consent of the student, unless one of the following exceptions apply:
- Directory Information may be made available to anyone who makes a request for such information, without first notifying the student, unless a Request for Non-Disclosure of Directory Information form is completed by a student while he/she is enrolled and the form is submitted to the Office of the University Registrar.
- The disclosure is to authorized federal and state representatives for audit or evaluation or compliance activities.
- The disclosure is to University Officials who are in the process of carrying out their assigned educational or administrative responsibilities and have a legitimate educational interest. The determination as to whether or not a legitimate educational interest exists will be made by the University Registrar, who serves as the FERPA Officer for the University. 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.
- The disclosure is to provide a service or benefit relating to the student or student’s family, such as health care, counseling, job placement, or financial aid.
- The disclosure is to maintain the health or safety of the student or others on or off campus. When the University discloses personally identifiable information under the health or safety emergency exception, the University must record the significant threat to the health or safety of a student or other individuals and the parties to whom the information was disclosed. This documentation must be done within a reasonable period of time after (but not necessarily prior to) the disclosure and must be maintained with the student’s education records. This documentation should identify the underlying facts the University relied upon in determining there was a defined and significant threat.
- The disclosure is to officials of other institutions in which a student seeks or intends to enroll, as long as the disclosure relates solely to the purposes of the transfer, on the condition that the issuing institution makes a reasonable attempt to inform the student of the disclosure, 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 and that the disclosure is restricted to the representatives of the organization that have a legitimate interest in the information. Information may only be disclosed per a written agreement between the University and the organization conducting the study on the University’s behalf that:
- Identifies the purpose, scope, and duration of the study; ii.) Requires the organization to use personally identifiable information from education records only to meet the purpose of the study as noted in the agreement; iii.) Requires that the organization conduct the study in a manner that does not permit personal identification of parents and students by anyone other than representatives of the organization with legitimate interests; and iv.) Requires the organization to destroy or return the personally identifiable information to the University when the information is no longer needed and specifies the time period in which the destruction or return must occur.
- Requires the organization to use personally identifiable information from education records only to meet the purpose of the study as noted in the agreement;
- Requires that the organization conduct the study in a manner that does not permit personal identification of parents and students by anyone other than representatives of the organization with legitimate interests; and
- Requires the organization to destroy or return the personally identifiable information to the University when the information is no longer needed and specifies the time period in which the destruction or return must occur.
- 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. If a contractor receives a subpoena for a student’s information, the contractor is required to provide the appropriate notice. 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. In addition, the University is not required to notify the student if disclosure is necessary to comply with an ex-parte court order obtained by the U.S. Attorney General or an Assistant Attorney General concerning certain criminal investigations and prosecutions.
- The disclosure is to a victim of an alleged crime of violence or a non-forcible sex offense or to the alleged victim's next of kin (if the victim dies as a result of the crime or offense). The disclosure may only include the final results of the disciplinary proceeding conducted by the institution, regardless of whether the University concluded a violation was committed or not. The University may not require students who are sexual assault victims to sign confidentiality pledges to protect from further disclosure the disciplinary proceedings.
- 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.
- The disclosure is related to a student registered sex offender and is information that was provided to the University pursuant to the Wetterling Act and other applicable federal guidelines. In addition, the University may make available to the campus community additional information about a student who is also a registered sex offender where the information is relevant to protecting the public.
- The disclosure is one where all personally identifiable information has been removed. Written record of such a disclosure is not required.
In the event that a student wants to provide ongoing access to their Education Records to an individual such as a parent or family member, they must first complete a FERPA waiver. This will allow the individual named by the student to have complete or limited access to the student's Education Record until such permission is revoked by the student.
Right to File a Complaint
Students have the right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with FERPA. The name and address of the office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue
SW Washington, DC 20202-5920
Contact Information
In the event of questions or concerns regarding this policy or other matters pertaining to FERPA, a student can contact the Office of the University Registrar at 908-852-1400, ext. 2214, or email at registrar@centenaryuniversity.edu.