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F.E.R.P.A.
Family Education Rights & Privacy Act |
The Department of Health, Education, and Welfare issued, in the June 17, 1976 Federal
Register, the final regulations for implementing the Family Education Rights and Privacy Act of 1974 (P.L. 93-380, 513), as
amended (P.L. 93-568, 2). The effective date of the Act as November 19, 1974. The amendment is popularly known as
the "Buckley Amendment."
The June 17, 1976 final regulations contain all regulatory provisions pertaining to the
Family Educational Rights and Privacy Act and supersede the earlier publications of regulations, providing the public
with a single document.
For further details, please refer to the general University catalog or contact the Office
of Records and Registration.
DEFINITIONS
For the purposes of this policy, UW-La Crosse has used the
following definitions of terms.
Student – any person who attends or has
attended UW-La Crosse
Eligible Student – Refers to a student who has
reached the age of 18 or is attending an institution of postsecondary education. Since
these guidelines are specifically for postsecondary institutions, "student" as
used in this document is presumed always to refer to an eligible student. In
non-postsecondary institutions, parents of students have additional rights not covered in
this guide.
Education records
– any record (in handwriting, print,
tapes, film, or other medium) maintained by UW-La Crosse or an agent of the university
which is directly related to a student except:
- A personal record kept by a staff member if it is kept in the sole
possession of the maker of the record and is not accessible or revealed to any other
person except a temporary substitute for the maker of the record.
- An employment record of an individual whose employment is not contingent
on the fact that he or she is a student, provided the record is used only in relation to
the individual’s employment.
- Records maintained by UW-La Crosse’s Protective Services Office if
the record is maintained solely for law enforcement purposes, and revealed only to law
enforcement agencies of the same jurisdiction.
- Records maintained by the Health Center if the records are used only for
treatment of a student and made available only to those persons providing the treatment.
- Alumni records which contain information about a student after he or she
is no longer in attendance at the University and which do not relate to the person as a
student.
ANNUAL
NOTIFICATION
Students will be notified of their FERPA rights annually by
publication in the semester timetable. Information is also available in the catalog, Eagle
Eye, and the Records and Registration web site.
PROCEDURE
TO INSPECT EDUCATION RECORDS
Students may inspect and review their education records upon request to
the appropriate record custodian. Students should submit to the record custodian or an
appropriate University staff person a written request which identifies as precisely as
possible the record or records he or she wishes to inspect.
The record custodian or an appropriate University staff person will make
the needed 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 in 45 days or less
from the receipt of the request.
When a record contains information about more than one student, the
student may inspect and review only the records that relate to himself/herself.
The student has a right to inspect the record in question but the
University does not routinely make copies of educational records. Requests for copies will
be considered on an individual basis as well as any associated costs.
RIGHT
OF UNIVERSITY TO REFUSE ACCESS
UW-La Crosse reserves the right to refuse to permit a student to inspect
the following records:
- The financial statement of the student’s parents.
- Letters and statements of recommendation for which the student has waived
his or her right of access, or which were placed in file before January 1, 1975.
- Records connected with an application to attend UW-La Crosse or a
component unit of UW-La Crosse if that application was denied.
- Those records which are excluded from the FERPA definition of education
records.
DISCLOSURE
OF EDUCATION RECORDS
UW-La Crosse will disclose information from a student’s
education records only with the written consent of the student, except:
- To school officials who have a legitimate educational interest in the
records.
A school official is:
· A person employed by UW-La Crosse in an administrative, supervisory,
academic, research, support staff position, or a student assisting an employee of the
university.
· A person employed by or under contract to the University to perform a special task,
such as the attorney or auditor.
· A school official has a legitimate educational interest if the official is:
· Performing a task that is specified in his or her position description or by a contract
agreement.
· Performing a task related to a student’s education.
· Performing a task related to the discipline of a student.
· Conducting research that benefits students and/or the University.
(Note: A college or university is required to specify the criteria for
school officials and for legitimate educational interests.)
- To certain officials of the U. S. Department of Education, the
Comptroller
General, and state and local educational authorities, in connection with certain state or
federally supported education programs.
- To organizations conducting certain studies for or on behalf of the
university.
- To accrediting organizations to carry out their functions.
- To comply with a judicial order or a lawfully issued subpoena.
- To appropriate parties in a health or safety emergency.
- To an alleged victim of any crime of violence the results of any
institutional disciplinary proceeding against the alleged perpetrator of that crime with
respect to that crime.
RECORD
OF REQUESTS FOR DISCLOSURE
According to FERPA, an institution must maintain a record of each
request, with the exceptions listed below, for access to, and each disclosure of,
personally identifiable information from education records.
The record of each request for access and each disclosure must contain
the name of the parties who have requested or received information and the legitimate
interest the parties had in requesting or obtaining the information.
A record does not have to be kept if the
request was made by or disclosure was made to 1) the eligible student, 2) a
school official who has been determined to have a legitimate educational
interest, 3) a party with written consent from the eligible student, 4) a party seeking directory information only,
or 5) a student serving on an official committee or assisting another school
official.
Thus, requests for or disclosures of education record information
without the student’s written consent, which an institution would be required to
record, would include but not be limited to 1) disclosure to the parent (either custodial
or noncustodial) of an eligible student, 2) disclosure in response to a lawfully issued
court order or subpoena, 3) disclosure for external research purposes where individual
students have been identified, or 4) disclosure in response to an emergency.
These records must be maintained with the education records of the
student as long as the records are maintained by the institution.
DIRECTORY
INFORMATION
UW-La Crosse designated the following categories of student
information as public or "Directory Information." Such information may be
disclosed by the institution for any purpose, at its discretion.
Category I:
Names, addresses, telephone numbers, e-mail address, parent/spouse names, school/college
status, enrollment status, and classification.
Category II:
Previous institution(s) attended, past and present participation in officially recognized
sports and activities, physical factors (height, weight, etc. for athletes), date and
place of birth.
Category III:
Major field of study, adviser, awards, honors (includes Dean’s List), expected
graduation date, degree(s) conferred, date(s) awarded.
Currently enrolled students may withhold disclosure of
information under the Family Educational Rights and Privacy Act of 1974. To withhold
disclosure, written notification must be received in the Records and Registration
Office, 117 Graff Main Hall, prior to the end of the second week of each semester or the
end of the first week of summer session. Forms requesting withholding of "Directory
Information" are available in the Records and Registration Office. The university
assumes that failure on the part of any student to make a specific request for the
withholding of categories of "Directory Information," within the time period
mentioned above, indicates individual approval for disclosure.
CORRECTION
OF EDUCATION RECORDS
Students have the right to ask to have records corrected that
they believe are inaccurate, misleading, or in violation of their privacy rights.
Following are the procedures for the correction of records:
- A student must ask the custodian of the record in question to amend a
record. In so doing, the student should identify the part of the record he/she wants
changed and specify why he/she believes it is inaccurate, misleading or in violation of
his/her privacy or other rights.
- UW-La Crosse may comply with the request or it may decide not to comply.
If it decides not to comply, UW-La Crosse will notify the student of the decision and
advise him/her of his/her rights to a hearing to challenge the information believed to be
inaccurate, misleading, or in violation of the student’s rights.
- Upon request, UW-La Crosse will arrange for a hearing and notify the
student, reasonably in advance, of the date, place, and time of the hearing.
- The hearing will be conducted by a impartial hearing body or officer who
will be members of the university community. The student shall be afforded a full and fair
opportunity to present evidence relevant to the issues raised in the original request to
amend the student’s education records. The student may be assisted by one or more
individuals, including an attorney.
- UW-La Crosse will prepare a written decision based solely on the evidence
presented at the hearing. The decision will include a summary of the evidence presented
and the reasons for the decision.
- If UW-La Crosse decides that the challenged information is not
inaccurate, misleading, or in violation of the student’s right of privacy, it will
notify the student that he/she has a right to place in the record a statement commenting
on the challenged information and/or a statement setting forth reasons for disagreeing
with the decision.
- The statement will be maintained as part of the student’s education
records as long as the contested portion is maintained. If UW-La Crosse discloses the
contested portion of the record, it must also disclose the statement.
- If UW-La Crosse decides that the information is inaccurate, misleading,
or in violation of the student’s right of privacy, it will amend the record and
notify the student, in writing, that the record has been amended
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