Why should I care about FERPA?If you're a student, it's important for you to understand your rights under FERPA. If you're a parent, you'll need to understand how the law changes once your student enters a post-secondary institution. If you're a University employee, you'll need to understand what information can and cannot be released, and the appropriate procedures for release of student information. Show
What are students' rights under FERPA?Eligible students have four primary rights under FERPA including the right to:
Do parents have any rights under FERPA?In primary and secondary educational institutions (i.e., K-12), all FERPA rights belong to the parent. However, when the student reaches the age of 18 or begins to attend a post-secondary institution regardless of age, all FERPA rights transfer to the student. Policy regarding personally identifiable student recordsThe Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. They are:
Annual notificationMissouri State University-West Plains publishes a notice of student rights under FERPA annually. Electronic bulletins are sent out to all students with the Consumer and Safety Information Notice, information is distributed to all students attending student advisement and registration (STAR) orientation and a copy of the FERPA notice and references where FERPA notification can be found in included with the Federally Mandated Information notice that is distributed to all students, faculty, and staff. The entire Policy Regarding Personally Identifiable Student Records is available on the Missouri State University-West Plains website or upon request to the office of registration and records. Additionally, information regarding FERPA is published in the undergraduate catalog. Records maintainedThe personally identifiable educational records of each student and former student maintained by the University are open for inspection by the student except in limited cases where the privacy, confidentiality, or professional privilege of another person is involved, as authorized by law. Personally identifiable records maintained by the University are listed below. Students who wish to inspect and review their records should contact the responsible official at the location indicated.
*Advisement records are also maintained in the various departmental and faculty advisor offices. Notwithstanding the above inclusive list, the University reserves the right to refuse to permit inspection of the following records: Financial records of parents (unless the parents have given written permission for the information to be released to their student/child); confidential letters and statements of recommendation placed in the education records of a student prior to January 1, 1975, if such letters and statements were solicited or provided with an assurance or understanding of confidentiality, and the letters and statements have been used only for the purpose for which they were intended; confidential letters and statements of recommendation placed in the education records of a student after January 1, 1975, respecting admission to an educational institution, application for employment, or receipt of an honor or honorary recognition, provided the student has waived his/her right to inspect and review those letters and statements of recommendation; records of instruction, supervisory, and administrative personnel, and agents which are in the possession of the maker and are not accessible or revealed to any other individual except the maker’s temporary substitute; employment records used only in relation to an individual’s employment by Missouri State–West Plains which are maintained in the normal course of business, relating exclusively to the individual’s capacity as an employee, and are not available for use for other purposes; records which relate to an individual as a person after he or she no longer attends or participates in an educational activity for which Missouri State–West Plains awards a greater credit. Records inspectionRecords are not maintained in a central location on the campus. Requests to review records must be made separately to the responsible official of each office which maintains records. The responsible official shall comply with a request as soon as possible, but in no case more than 45 days after the request has been made. The request should identify as accurately as possible the specific records the student wishes to inspect and review. The University will respond to reasonable requests for explanations and interpretations of records. When a record contains personally identifiable information about more than one student, a student may inspect only that information which relates to him/her. A student has the right to a copy of any educational record to which he/she is permitted access under this policy. The student is responsible for the cost of reproduction. The cost of reproduction shall be the usual rate charged by the administrative unit handling the request, but the charge shall not exceed 10 cents per page. A student may waive the right to inspect personally identifiable records maintained by Missouri State University-West Plains, but the University may not require such a waiver as a condition of attendance. Request to amend education recordsA student who believes that information contained in his/her education is inaccurate, misleading or violates privacy or other rights may request that the records be amended. The responsible official shall then decide whether or not to amend the record. If the record is not amended, the student will be advised of his/her right to a hearing. Challenge hearingIn most cases, the decision of the responsible official will be final. However, a student may elect to file an appeal in writing to the chief academic officer in order to challenge the content of the educational record. (This right extends to reviewing grades only where the grade assigned by the professor is allegedly inaccurately entered into a record.) A disinterested hearing officer will be appointed who shall afford the student full opportunity to present evidence in support of the challenge. The hearing shall be held within a reasonable period of time, not to exceed thirty (30) days under normal circumstances, after the institution has received the request, and the student shall be given notice of the date, place and time reasonably in advance of the hearing. The student shall be afforded a full and fair opportunity to present evidence relevant to the issues, and may be assisted or represented by individuals of his or her choice at his or her own expense, including an attorney. The hearing officer shall render a decision within a reasonable time after the hearing, not to exceed thirty (30) days, and inform the student in writing of the outcome. The decision shall be based solely upon the evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decision. If the hearing officer decides that the record is not inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, the student shall then have the right to place in the education record a statement commenting upon the information in the education record and/or setting forth any reasons for disagreeing with the decision of the hearing official. Any such written explanation then becomes a part of the education record. If the education records of the student or the contested portion thereof is disclosed to any party, the explanation shall also be disclosed to that party. AccessInformation contained in a student’s records remains confidential between the student and Missouri State University-West Plains and will not be released to third parties without the written consent of the student, with the following exceptions:
University officials who meet the criteria listed above will have access to personally identifiable information contained in student education records if they have a "legitimate educational interest" defined as the need to know in order to:
Records of disclosuresFor each request for disclosure of information contained in the student’s education record or for access to the record made by persons other than university officials or the student or parent, to disclosures made pursuant to court orders and subpoenas pursuant to paragraph 2 above, to disclosures of directory information, or to those requests accompanied by the student’s prior written consent, the University will maintain a record of such requests and disclosures, except for requests for directory information, which indicates: (1) the parties who have requested or obtained personally identifiable information from the education records of the student; and (2) the legitimate interests these parties had in requesting or obtaining the information. Students are permitted to inspect the record of disclosures. A record of request and disclosure will not be maintained if the student provides written consent prior to the disclosure. The University will not release information containing any student’s education records, except directory information, to any third parties except school officials, to lawfully issued court orders and subpoenas, to parents of students under paragraph 9 or 13, or pursuant to the Sunshine Law under paragraph 12, except on the condition that the party to whom the information is disclosed will not disclose personally identifiable information without the prior written consent of the student (or parent for elementary or secondary students). All such disclosures will inform the party to whom the disclosure is made of this requirement. Directory information"Under the Family Educational Rights and Privacy Act (FERPA); the University is required to identify and make available upon request, to those needing such information, directory information which has been so identified. Other non-directory information is available to Missouri State–West Plains faculty and staff who have a "need to know" this information to conduct business and provide service to students, unless that information is prohibited from release by either a Privacy Hold, or a FERPA Hold." For distribution to the general public, Missouri State University-West Plains has defined the following as directory information:
With appropriate student approval, indications of religious preference along with name, address and local telephone number can be distributed to the Campus Ministries Association. Requests for verifications of degrees or enrollment will be directed to the National Student Clearinghouse. Requestors may request this information online at www.degreeverify.org. Directory information may be disclosed by the University for any purpose at its discretion, without the consent of a student. However, A FERPA hold may be requested by currently-enrolled students. This non-disclosure option means that the university may not release any directory information about the student (except as permitted under the provisions of FERPA). The University may not even acknowledge to third parties that the person is a student at the institution. FERPA Hold-Request to Prevent Disclosure of Student InformationIn accordance with the FERPA Policy, currently enrolled students may request that the University not release any "directory information" by submitting a "Request to Prevent Disclosure of Student Information" Submit your form one of the following ways:
You need Adobe Reader to view and print documents on this page. FERPA Hold RemovalTo rescind a FERPA hold, complete the FERPA Hold Removal form and bring it and your student ID to the Office of the Registrar, Cass Hall, for processing. Download Ferpa Hold Removal You need Adobe Reader to view and print documents on this page. Release of Information AuthorizationA student may authorize the University to disclose education records that are otherwise protected under FERPA. The release form must be completed, signed, dated, and must specify the records to be disclosed and the identity of the recipient. Forms are accepted in person, from the student’s MSU email account or by mail or fax if the form is notarized. Download Release of Information Authorization form Submit your form to the office to whom you have authorized to disclose your education records in one of the following ways:
A list of departments can be found here: Helpful Phone Numbers. You need Adobe Reader to view and print documents on this page. The University will give annual public notice to students of the categories of information designated as directory information. Currently-enrolled students have the right to suppress disclosure of their directory information by requesting a FERPA Hold. These holds do apply retroactively to previous releases of directory information and will remain applicable until the student submits a written request specifying otherwise. Any student refusing to have directory information disclosed must file written notification to this effect requesting a Privacy Hold or FERPA Hold with the University during regular business hours. Forms for this purpose are available in the office of registration and records, Cass Hall. The written notification does not apply retroactively to previous releases of directory information (e.g., once the Campus Directory has been published, the directory information contained therein will remain). To prevent publication of directory information in the campus directory, written notification must be filed no later than the second week of classes during the fall semester. In the event a refusal is not filed, the University assumes that a student does not object to the release of the directory information designated. Where can I find more information about FERPA?
InformationFurther information about education records and the process of obtaining access to records may be obtained in any of the offices listed in this document or from the office of registration and records, Cass Hall. FERPA Contact List
What is meant by an eligible student?An “eligible student” means a student who has reached the age of 18 or who is attending a postsecondary institution at any age. Once a student becomes an “eligible student,” the rights afforded his or her parents under FERPA transfer to that student. Source: 20 U.S.C. § 1232g(d)
What is meant by an eligible student quizlet?An eligible student is a student who is 18 years of age or enrolled in a postsecondary institution. An eligible student does not always have to be older than 18. For example, a 17-year-old enrolled in college is also considered an eligible student.
How often FERPA regulations require that local education agencies provide parents and eligible students with notification of their rights under FERPA?Under FERPA, a school must annually notify parents of their rights under FERPA.
Which of the following is a hearing examiner's responsibility?The Hearing Examiner's primary role is to conduct public hearings and render decisions in certain administrative matters specified in the municipal code. In such proceedings, the Hearing Examiner acts as an impartial decision-maker, similar to a judge hearing a case in court.
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