- Policy Title: Family Educational Rights and Privacy Act of 1974 (FERPA)
- Policy Number: ESU-ENM-2011-006
- Effective: Date not Provided
- Adopted: April 11, 2012
- Last Reviewed: April 11, 2012
- Amended: N/A
- Related Policies: None
In compliance with the Federal Family Educational Rights and Privacy Act of 1974 (FERPA), as amended, a student's education records belong to the student. With respect to those education records, students are afforded certain rights including:
- The right to examine education records pertaining to the student (with certain limited exceptions).
Students should submit any such request to the Center for Enrollment Services in writing, identifying the records the student wishes to inspect. The Office of Enrollment Services will make arrangement for access and notify the student of the time and place where the records may be inspected. The University Official will respond no later than 45 days of the day the University receives a request for access. Records that are customarily open for student inspection will be accessible without written request.
- The right to request an amendment of the records that the student believes to be inaccurate or misleading.
Students should submit any such request to the Center for Enrollment Services in writing, clearly identifying the records the student wants to have amended and specifying the reasons the record is believed to be inaccurate. The Office of Enrollment Services will notify the student of its decision and, if the decision is negative, of the right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student at that time.
- The right to restrict access to information identified by the institution to be “directory information” and therefore available to the public without permission from the student.
ESU will notify students annually of their rights to withhold directory information. Students wishing to restrict release of directory information must sign A FERPA Restriction Form in person at the Center for Enrollment Services.
- The right to extend third party access to education records to whomever is identified by the student in writing.
Students wishing to release education records to third parties must sign a FERPA Release Form and submit it to the Center for Enrollment Services.
- The right to control disclosures of their education records except, to the extent that FERPA authorizes disclosure without consent.
FERPA permits the disclosure of education records without a student's prior consent in certain limited circumstances, including to school officials with legitimate education interests, health or safety emergency non-consensual disclosures, grand jury and law enforcement subpoenas, law enforcement records, and INS disclosures (see definitions for "school official"). 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 University.
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by an educational institution to comply with the law. 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 20202-5901
The following information has been designated as directory information and may be disclosed by ESU without the student's prior consent under the conditions set forth in FERPA:
- student name, all addresses and all phone numbers
- all e-mail addresses
- place of birth
- all photographs
- major, dates of attendance, enrollment status (full-time, part-time), class year
- previous institutions
- awards, honors (including Dean’s List), degrees conferred including dates
- past and present participation in officially recognized sports and activities
- physical factors (height and weight of student athletes)
In compliance with the Act, ESU requires that all students, university faculty and staff, and affiliated entities receive and annual notification about the Family Educational Rights and Privacy Act (FERPA), ESU's policy to assure compliance, and required procedures.
All school officials are also required to complete annual update training on line and must certify intent to adhere with the guidelines set forth by the University in an effort to protect students’ privacy.
Reason for Policy:
To assure compliance with the Family Educational Rights and Privacy Act of 1974, as amended, and related regulations by setting forth institutional policy and procedures governing access to students’ education records.
Questions and clarification on the policy may be directed to the Director of Enrollment Services.
School Official is a person employed by ESU in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person, or company with whom ESU has contracted as its agent to provide a service (such as an attorney, auditor, affiliated entity, or collection agent); a person serving on the Council 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.
Student's Education Record is any record that directly relates to a student and is maintained by East Stroudsburg University or by a party acting for East Stroudsburg University. Education records may be in any of the following formats: printed documents, handwritten, computer data, e-mail, video or film, photographs, audio tape, microfilm or microfiche. The following documents are not part of the Student's Education Record: certain campus law enforcement records; certain notes made by employees for their own personal use; certain employment records; certain medical treatment records; and alumni records containing information obtained after a student's graduation.
Other Relevant Information: