Family Educational Rights and Privacy Act (FERPA)

FERPA Rights

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 university 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 university 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 University 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 university to amend a record should write to the university official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed.
   • While an eligible student has the right to seek to amend non-substantive factual errors in the student’s education records, the right is not unlimited. A school is not required by FERPA to afford an eligible student the right to seek to change substantive decisions made by school officials, such as substantive decisions made in the context of grades given to a student based on their performance, other evaluations of the student’s performance, or disciplinary decisions. If the university decides not to amend the record as requested, the university 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 university discloses personally identifiable information from the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
   • The university 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 university in an administrative, supervisory, academic,  research, or support staff position (including law enforcement unit personnel and health staff); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee. A school official also may include a volunteer or contractor outside of the University who performs an institutional service of function for which the school would otherwise use its own employees and who is under the direct  control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another school official in performing his or her tasks. A school official typically has a legitimate educational interest if the official needs to review an education record to fulfill his or her professional responsibilities for the University.
4. 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.
   • The name and address of the Office that administers FERPA is:
     Student Privacy Policy Office
     U.S. Department of Education
     400 Maryland Avenue, SW
     Washington, D.C. 20202

For more information about FERPA, visit the U.S. Department of Education’s website.