FERPA

Family Educational Rights and Privacy Act

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The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U. S. Department of Education.

FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students."

  1. Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for parents or eligible students to review the records. Schools may charge a fee for copies.
  2. Parents or eligible students have the right to request that a school correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.
  3. Generally,schools must have written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):
    1. School officials with legitimate educational interest;
    2. Other schools to which a student is transferring;
    3. Specified officials for audit or evaluation purposes;
    4. Appropriate parties in connection with financial aid to a student;
    5. Organizations conducting certain studies for or on behalf of the school;
    6. Accrediting organizations;
    7. To comply with a judicial order or lawfully issued subpoena;
    8. Appropriate officials in cases of health and safety emergencies; and
    9. State and local authorities, within a juvenile justice system, pursuant to specific State law.

Additionally, schools may disclose, without consent, "directory" information. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them.

At Chicago State University, directory information is: a student's name, degree, major, honors, enrollment status (e.g. full-time, part-time, withdrawn), dates of attendance, and graduation status. CSU may receive requests for information based on the Freedom of Information Act and directory information will be shared for groups not listed in the FERPA exception section of this policy. Schools must notify parents and eligible students annually of their rights under FERPA.

 

This policy was last reviewed for the 2023-24 school year. 

Policy on Family Educational Rights and Privacy Act of 1974 (Notification to Students)

CSU, in full compliance with the Family Educational Rights and Privacy Act of 1974, will make educational records available to students upon request. Likewise, in accordance with the law, individually identifiable educational records will not be released other than to authorized individuals with the written consent of the student. Students have the right to file complaints with The Family Educational Rights and Privacy Act Office (FERPA) concerning alleged failures by the institution to comply with the Act.The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. These rights include:

  • The right to inspect and review their education records within 45 days of the day the University receives a request for access. Students should submit to the Registrar, dean, or other appropriate official, written requests that identify the record(s) they wish to inspect. The University official 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 University official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
  • The right to request the amendment of the student's education records that the student believes are inaccurate or misleading. Students may ask the University 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 changed, and specify why it is inaccurate or misleading. If the University decides not to amend the record as requested by the student, the University will notify the student of the decision and advise the student of his or her 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.
  • The right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent. One exception which permits disclosure 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, collection agent or other service provider - such as the National Student Clearinghouse; a person serving on the Board 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. 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 responsibility. Upon request, the University may disclose education records without consent to another school in which a student seeks or intends to enroll.
  • The right to file a complaint with the U.S. Department of Education concerning alleged failures by State University to comply with the requirements by FERPA.

CSU considers the following categories to be directory information, and, as such, may release it to any or all inquirers in such forms as directories or computer address lists:

  1. Student name;
  2. Degree;
  3. Major;
  4. Honors (e.g. Dean's list); 
  5. Enrollment status (e.g. full-time, part-time, withdrawn)
  6. Dates of attendance
  7. Graduation status. 

Students who do not wish this information to be released may prevent such release by submitting this form to prevent the disclosure of directory information

Comments or suggestions? Contact us: registrar@csu.edu

General Information includes, but is not limited to, the following:

FERPA is a Federal law that applies to educational agencies and institutions that receive funding under a program administered by the U. S. Department of Education. The statute is found at 20 U.S.C. § 1232g and the Department's regulations are found at 34 CFR Part 99.

Under FERPA, schools must generally afford students who are 18 years or over, or attending a postsecondary institution:

  1. Access to their education records
  2. An opportunity to seek to have the records amended
  3. Some control over the disclosure of information from the records.

Access to Education Records includes, but is not limited to, the following:

Schools are required by FERPA to:

    1. Provide a student with an opportunity to inspect and review his or her education records within 45 days of the receipt of a request
    2. Provide a student with copies of education records or otherwise make the records available to the student if the student, for instance, lives outside of commuting distance of the school
    3. Redact the names and other personally identifiable information about other students that may be included in the student's education records.

Schools are not required by FERPA to:

    1. Create education records;
    2. Provide students with calendars, notices, or other information which does not generally contain information directly related to the student;
    3. Respond to questions about the student.

A school must:

  • Have a student's consent prior to the disclosure of education records:
  • Ensure that the consent is signed and dated and states the purpose of the disclosure.
  • Students can provide consent by submitting a FERPA waiver form with the Office of the Registrar. 

Additionally, schools may disclose, without consent, "directory" information. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them.

At Chicago State University, directory information is: a student's name, degree, major, honors, enrollment status (e.g. full-time, part-time, withdrawn), dates of attendance, and graduation status. CSU may receive requests for information based on the Freedom of Information Act and directory information will be shared for groups not listed in the FERPA exception section of this policy. Schools must notify parents and eligible students annually of their rights under FERPA.

  • The disclosure is to school officials who have been determined to have legitimate educational interests;
  • The student is seeking or intending to enroll in another school;
  • The disclosure is to state or local educational authorities auditing or enforcing Federal or State supported educational programs or enforcing Federal laws which relate to those programs;
  • The disclosure is to the parents of a student who is a dependent for income tax purposes;
  • The disclosure is in connection with determining eligibility, amounts, and terms for financial aid or enforcing the terms and conditions of financial aid;
  • The disclosure is pursuant to a lawfully issued court order or subpoena; or
  • The information disclosed has been appropriately designated as directory information by the school. 
  • Schools are required by FERPA to:
    1. Provide a parent with an opportunity to inspect and review his or her child's education records within 45 days of the receipt of a request
    2. Provide a parent with copies of education records or otherwise make the records available to the parent if the parent, for instance, lives outside of commuting distance of the school
    3. Redact the names and other personally identifiable information about other students that may be included in the child's education records.