The Family Educational Rights and Privacy Act of 1974 (FERPA)
The Family Educational Rights and Privacy Act and its implementing regulations, as amended (collectively, FERPA), afford students certain rights with respect to their education records.
- The right to inspect and review the student’s educational records within a reasonable time, not to exceed 45 days, of the day the college receives their request for access. Students should submit to the registrar, dean, head of the academic department, or other appropriate official, written requests that identify the record(s) they wish to inspect. The college official will make arrangements for access and notify the student of the time and the place where the records may be inspected. If the records are not maintained by the college official to whom the request was submitted, that official will advise the student of the correct official to whom the request should be addressed.
- The right to request the amendment of the student’s educational records that the student believes to be inaccurate, misleading, or otherwise in violation of the student’s privacy rights. A student seeking amendment of their education record should write the college official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate, misleading or otherwise in violation of their privacy rights. If the college decides not to amend the record as requested by the student, the college will notify the student of the decision and advise the student of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when they request a hearing, or otherwise upon request. If the hearing results in a final determination not to amend the record, the student is permitted to place a statement with the record commenting on the contested information, stating their disagreement with the decision not to amend the record, or both.
- The right to consent to disclosure of personally identifiable information contained in the student’s educational records, except to the extent that FERPA authorizes disclosure without consent. Set forth below is information about circumstances in which FERPA authorizes such disclosures. The college reserves the right to make disclosures of information from education records without a student’s consent in these and other circumstances in which such disclosures are permitted by FERPA.
One exception which permits disclosures without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the university in an administrative, supervisory, academic or research or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the university has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing their tasks; or a person volunteering or otherwise performing services for the College. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill their responsibilities to the university.
Another exception permits the University to disclose a student’s education records without consent to officials of another university, college or school in which a student seeks or intends to enroll, or is already enrolled, for purposes of the student’s enrollment or transfer.
Another exception permits the disclosure of “directory information” without a student’s consent unless the student has followed the steps described below. “Directory information” includes the student’s name, class year, address, telephone listing, e-mail address, date and place of birth, enrollment status (e.g., undergraduate or graduate, full-time or part-time), major field of study, identification number, participation in officially recognized activities and sports, weight and height of members of athletic teams, photographs or other visual images, dates of attendance, degrees and awards received, the most previous educational agency or institution attended by the student, and other information that would not generally be considered harmful or an invasion of privacy if disclosed.
A student has the right to withhold the public release of any or all directory information directly pertaining to them by giving reasonable advance written notice to the Registrar by the end of the second week of classes.
Additional information on FERPA, including specific Hartwick College policies and definitions, is found here.