Federal Laws and Acts

Updated Fall 2013

Family Educational Rights and Privacy Act

The Family Educational Rights and Privacy Act of 1974 (FERPA) is a federal law which affords students certain rights with respect to their education records. These rights include:

  1. The right to inspect and review the student’s education records within 45 days of the day the college receives a request for access.

    A student should submit to the registrar, dean, chair of the academic area, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. The college official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the college official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
  2. The right to request the amendment of the student’s education records that the student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.

    A student who wishes to ask the college to amend a record should write the college official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed.

    If the college decides not to amend the record as requested, the college will notify the student in writing of the decision and the student’s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.

  3. The right to provide written consent before the college discloses personally identifiable information from the student’s education records, except to the extent that FERPA authorizes disclosure without consent.

    The college discloses education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by the college in an administrative, supervisory, academic, or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the college has contracted as its agent to provide a service instead of using college employees or officials (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a 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 responsibilities for the college.

  4. 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. The name and address of the Office that administers FERPA is:

    Family Compliance Office
    U.S. Department of Education
    400 Maryland Avenue, SW
    Washington, D.C. 20202-5901

    Milligan College accords all these rights under the law to students who are declared independent. The term “student” means any individual who is or has been in attendance at Milligan College (with the exception of those persons enrolled only for Continuing Education Units) and regarding whom Milligan College maintains education records. Attendance begins the first day of any term/session in which the student is enrolled. No one outside the institution shall have access to nor will the institution disclose any information from students’ education records without the written consent of students except to personnel within the institution, to officials of other institutions in which students seek to enroll, to persons or organizations providing students financial aid, to accrediting agencies carrying out their accreditation function, to persons in compliance with a judicial order, and to persons in an emergency in order to protect the health or safety of students or others.

    Within the Milligan College community only those members, individually or collectively, acting in the students’ educational interest are allowed access to student education records.

    At its discretion, the institution may provide directory information in accordance with the provisions of the Act to include: student name, address, telephone number, email address, date and place of birth, major field of study, dates of attendance, degrees, honors, and awards received, the most recent previous educational agency or institution attended by the student, participation in officially recognized activities and sports, grade level, enrollment status, and weight and height of members of athletic teams. Students may withhold directory information by notifying the Registrar’s Office in writing within two weeks after the first day of class for the fall and spring terms. The institution honors requests for non-disclosure for only one semester; therefore, authorization to withhold directory information must be filed each semester in the Office of the Registrar.

Student Right to Know and Campus Security Act

Information relative to the Student Right to Know and Campus Security Act (Public Law 101-542) is available in the Office of the Vice President for Student Development. This information includes campus crime statistics and graduation rates by athletic participation, gender, and ethnicity.

In accordance with the Tennessee College and University Security Information Act of 1989, Milligan College has prepared a report containing campus security policies and procedures, data on campus crimes, and other related information. A free copy of this report may be obtained by any student, employee, or applicant for admission or employment from the Office of Student Development, Milligan College, Milligan College, Tennessee 37682. This information is also available at any time on the website at www.milligan.edu.