FAMILY EDUCATIONAL RIGHTS & PRIVACY ACT (FERPA)
The Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. §1232g, as amended, is a federal law giving certain rights to parents or students regarding education records at schools of every level receiving funding from the Department of Education. At the postsecondary school level, the rights afforded by FERPA belong, in general, to the student rather than the parent. The five rights, as summarized in the Department of Education regulations, 34 CFR §99.7, are as follows:
The right to inspect and review the student’s education records.
The right to request the amendment of the student’s education records that the student believes to be inaccurate, misleading, or otherwise in violation of the student’s privacy rights.
The right to consent to disclose personally identifiable information contained in the student’s education records, except to the extent that FERPA and the regulations authorize disclosure without consent.
The right to file a complaint with the U.S. Department of Education concerning alleged failures by the institution to comply with the requirements and regulations of FERPA.
The right to obtain a copy of the institution’s student record policy.
RIGHT TO INSPECT AND REVIEW
Students may inspect and review their education records upon request to the appropriate record custodian. (See list of types, locations, and custodians of student records at the end of this policy.)
The regulations define “education records” as meaning, subject to the few exceptions, those records that are (1) directly related to a student and (2) maintained by an educational institution or by a party acting for the institution.
A student should submit to the record custodian a written request, which identifies, as precisely as possible, the record or records he/she wishes to inspect. The office of the record custodian will make the necessary arrangements for access as promptly as possible and notify the student of the time and place where the records may be inspected. Access must be given within a reasonable time, but in no event more than 45 days from the receipt of the request.
If a student requests an education record that contains information on more than one identifiable student. Logan will not disclose the record unless Logan is able to effectively redact information pertaining to the other student(s) or the law otherwise allows for disclosure.
Logan University reserves the right to deny a student from inspecting the following records:
Financial records of the student’s parents.
Confidential letters and statements of recommendation for which the student has waived their right of inspection and review.
Records connected with an application to attend Logan if the application was denied.
Those records that are excluded from the FERPA definition of education records.
Logan reserves the right to deny copies of transcripts or copies of records (but not access to the records) in any of the following situations:
The student has an unpaid financial obligation to Logan.
The student has failed to comply with disciplinary sanctions.
RIGHT TO SEEK AMENDMENT
If a student believes the education record(s) relating to the student contain(s) information that is inaccurate, misleading or in violation of the student’s privacy rights, he/she may ask Logan University to amend the record. The procedures for amendment of records are the following:
The student should submit to the office of the record custodian a written request for amendment of the record, identifying the part of the record requested to be changed and specifying why it is inaccurate, misleading or in violation of their privacy rights.
Logan will decide whether to amend the record as requested within a reasonable time after receiving the request.
If Logan decides not to amend the record as requested, it shall inform the student in writing of its decision and of their right to a hearing.
If the student requests a hearing, Logan shall hold the hearing within a reasonable time after receiving the request. Logan shall give the student reasonable advance notice of the date, time, and place. The hearing may be conducted by an individual without a direct interest in the outcome, including a Logan official. At the hearing, Logan shall give the student a full and fair opportunity to present evidence relevant to the issues.
Logan shall make its decision in writing within a reasonable period of time after the hearing. The decision will be based solely on the evidence presented at the hearing and will include a summary of the evidence and the reasons for the decision.
If, as a result of the hearing, Logan decides that the information is inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it will amend the record accordingly and inform the student of the amendment in writing.
If as a result of the hearing, Logan decides that the information is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student, it will inform the student of the right to place a statement in the record commenting on the contested information and stating why he/she disagrees with Logan’s decision.
If a statement by the student is placed in the record, Logan shall maintain the statement with the contested part of the record for as long as the record is maintained and disclose the statement whenever it discloses the portion of the record to which the statement relates.
RIGHT TO CONSENT TO DISCLOSURE
Disclosure of information from a student’s education records will be made only with the written consent of the student, subject to the following exceptions, Logan may disclose education record information without consent in accordance with the law, including when the disclosure is:
To school officials who have a legitimate educational interest in the records.
To officials of another school in which a student is enrolled or seeks or intends to enroll as long as the disclosure is for purposes related to the enrollment or transfer.
Directory information.
To organizations conducting studies for or on behalf of Logan or other educational agencies or institutions to develop, validate or administer predictive tests, administer student aid programs, or improve instruction if the legal requirements for disclosure are met.
To state and local authorities, when allowed by state statute, if the disclosure concerns law enforcement’s ability effectively serve, prior to adjudication, the student whose records are released. The officials and authorities to whom such information is disclosed may be required to certify in writing that the information will not be disclosed to any other party except as allowed by law or with the written consent of the student.
To parents of a dependent student, as defined in section 152 of the Internal Revenue Code of 1986.
To accrediting organizations to carry out their accrediting functions.
To comply with a judicial order or a lawfully issued subpoena. Unless otherwise ordered, Logan will make a reasonable effort to notify the student of the order or subpoena in advance of compliance, so that the student may seek protective action.
In connection with a student’s request for or receipt of financial aid to determine the eligibility, amount, or conditions of the financial aid, or to enforce the terms and conditions of the aid.
To authorized representatives of the Comptroller General of the United States, the Attorney General of the United States, the Secretary of the United States Department of Education or state and local education for the enforcement of or compliance with federal legal requirements relating to these programs.
To appropriate parties when there is an articulable and significant threat to the health or safety of a student or other persons. The nature of the threat and the persons to whom the information was disclosed must be recorded.
To other persons authorized to receive education records pursuant to FERPA and 34 C.F.R., Part 99, or other applicable laws.
DIRECTORY INFORMATION
Directory information is information that Logan may disclose but is not required to be disclosed without prior consent by the student.
Schools may disclose, without consent, “directory information.” Logan University’s directory information is defined as a student’s name, addresses, telephone numbers, e-mail addresses, date and place of birth, major field of study, participation in officially recognized activities, clubs, sports, weight and height of members of athletic teams, dates of attendance, student photograph, degrees and awards received (including Dean’s List), anticipated graduation date, year in school, and any previous educational agency or institutions attended by the student. However, if a student has chosen a “NO Release” for directory information, then Logan University cannot release this information.
Copies of forms to request non-disclosure of directory information are available in the Office of the Registrar.
RECORD OF REQUESTS FOR DISCLOSURE
Subject to certain expectations set forth in FERPA regulations, the record custodians within Logan will maintain a record of all requests for and/or disclosure of information from a student’s educational records. The record will indicate the name of the party making the request, any additional party to whom it may be redisclosed, and the legitimate interest the party had in requesting or obtaining the information. The record may be reviewed by the student.
When Logan discloses personally identifiable information from education records to third parties without consent in a health or in an emergency, Logan will record the articulable and significant threat to the health or safety of individuals that formed the basis for disclosure and the parties to whom Logan disclosed the information.
Logan is not required to maintain a record of requests by or disclosures to: (1) the student; (2) school officials with Logan who a legitimate educational interest in the student’s education record; (3) a party with written consent from the student; (4) a party seeking directory information; (5) a party seeking or receiving the records as directed by a law enforcement subpoena if issued by a court or authorized issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed.
RIGHT TO FILE A COMPLAINT
Students have a right to file a complaint with the U.S. Department of Education if they believe that Logan University has failed to comply with the requirements of FERPA. The complaint should be in writing and contain specific allegations of fact giving reasonable cause to believe that a violation of FERPA has occurred.
The complaint should be sent to:
Family Policy Compliance Office
U.S. Department of Education Washington, D.C. 20202-4605
THIRD PARTY STUDENT DIRECTORY INFORMATION RELEASE FORM
Any individual requesting Student Directory information available under FERPA guidelines must submit a Third-Party Student Directory Information Release Form stating the following information: person requesting; date of request; description of information requested; how the information will be used; and signature of requesting party. The request must be reviewed and approved by the Registrar. If the requestor uses the information for purposes not specified in the request, Logan University may impose sanctions based upon Federal FERPA guidelines.