Family Educational Rights and Privacy (FERPA) Policy and Annual Notification

The Family Educational Rights and Privacy Act (FERPA) affords eligible students certain rights with respect to their education records. (An “eligible student” under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution at any age.) These rights include:

1. The right to inspect and review the student’s college education records within 45 days from the day UAFS receives a request for access. Students should submit to the registrar written requests that identify the record(s) they wish to inspect. The registrar 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 registrar, the registrar 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 or misleading. Students may ask UAFS to amend a record that they believe is inaccurate or misleading. They should write the university official responsible for the record, clearly identify the part of the record they want to be changed, and specify why it is inaccurate or misleading. If UAFS decides not to amend the record as requested by the student, the student will be notified of the decision and advised of their 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 consent to disclosures of personally identifiable information (PII) contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. UAFS 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 includes any person employed by UAFS 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 UAFS who performs an institutional service or 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 (e.g. attorneys, auditors, collection agents, the National Student Clearinghouse, or a student volunteering to assist another school official in performing his or her tasks). A school official typically has a legitimate educational interest for reviewing an education record to fulfill his or her professional responsibilities for UAFS or assist a school official in doing so. Upon request UAFS also discloses education records without consent to officials of another school in which a student seeks or intends to enroll.
4. The right to file a complaint with the United States Department of Education concerning alleged failures by UAFS to comply with the requirements of FERPA. The name and address of the office that administers FERPA is noted below:

Directory information, as defined by the United States Department of Education, means information contained in an educational record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. Students may request UAFS not release directory information by completing the proper form and submitting it to the Registrar’s Office. Directory information at UAFS includes name, address, major field of study, degrees and awards received, participation in officially recognized activities and sports, weight and height of members of athletic teams, telephone listing, email address, photographs, date and place of birth, dates of attendance, grade level, enrollment status (i.e., undergraduate or graduate, full- or part-time, no enrollment), honors received, and most recent educational agency or institution attended.

It is important to note that the institution, at its sole discretion, designates what is considered “directory information” as well as what is released in each circumstance

Additionally, educational records and personal information may be released in the following circumstances:

• Judicial subpoena of records, upon the condition that UAFS makes a reasonable effort to notify the student in advance of the release of records.
• Health or safety emergency, if knowledge of personal information is necessary to protect the health and safety of a student or other person(s).
• In connection with financial aid for which the student has applied or received, if the information is necessary to determine eligibility for, amount of, or conditions of the aid or to enforce the terms and conditions of the aid.
• To parents of an eligible student if the student is a dependent for IRS tax purposes.
• To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding.
• To the general public, the final results of a disciplinary proceeding, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school’s rules or policies with respect to the allegation made against him or her.
• To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21.

UAFS is required to comply with military requests for student information in accordance with the Solomon Amendment to the National Defense Authorization Act, 1995/1996, and the Omnibus Consolidated Appropriations Act, 1997.