FERPA

Family Educational Rights and Privacy Act of 1974 (FERPA)

Student Rights Under FERPA

Right of Inspection and Review

Current and former students have the right to inspect and review their Education Records within 45 days of the date that the University receives a request for access. 

A request that identifies the Education Record(s) to be reviewed or inspected must be submitted in writing by the student to the University Registrar, a Dean, a Chair, or other appropriate University School Official. That School Official will make arrangements for access to the records with the University Registrar and will notify the student of the time and place where the records may be inspected.

Students may request records directly from the office where the records are maintained.

• Academic: Registrar, Holy Family Hall
• Admissions: Undergraduate Admissions Building and Holy Family Hall
• Financial Accounts: Office of Student Accounts, Holy Family Hall
• Judicial Records: Residence Life and Dean of Students, Campus Center
• Student Aid: Financial Aid, Holy Family Hall

* The University is not required to permit a student to inspect the financial statements of parents. 
** Evaluations of nursing and education students are retained in their departmental offices.

Right to Request Amendment of Education Record

The University provides a student with an opportunity to request an amendment to the contents of an Education Record which they consider to be inaccurate, misleading, or otherwise in violation of their privacy or other rights. A School Official who receives such a request will coordinate with the University Registrar and they will decide within a reasonable period of time whether corrective action consistent with the student's request will be taken. The student must be notified of the decision. If the decision is in agreement with the student's request, the appropriate record(s) must be amended. A student who is not provided full relief sought by their challenge must be informed by the appropriate School Official, in writing, of the decision and their right to a formal hearing on the matter.

Right to Consent to Disclosure of Education Records

The University will disclose information from a student's Education Records only with the written consent of the student, unless one of the following exceptions apply (in accordance with 34 CFR § 99.31):

1. Directory Information may be made available to anyone who makes a request for such information, without first notifying the student, unless a Request for Non-Disclosure of Directory Information is emailed by a student to the Registrar’s Office by the end of the drop/add period of the current semester.
   1. The following categories of information have been designated as directory information: the student’s name, address, telephone number, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees, and awards received, and the most recent previous educational institution attended.
2. The disclosure is to authorized federal and state representatives or third parties for audit or evaluation or compliance activities.
3. The disclosure is to School Officials that are in the process of carrying out their assigned educational or administrative responsibilities and have a Legitimate Educational Interest. The determination as to whether or not a Legitimate Educational Interest exists will be made by the University Registrar, who serves as the FERPA Officer for the University. When the FERPA Officer has any questions regarding the request, the FERPA Officer should withhold disclosure unless they obtain consent from the student or the concurrence of a supervisor or other appropriate official that the record may be released.
4. The disclosure is to provide a service or benefit relating to the student or student's family, such as health care, counseling, job placement, or financial aid.
5. The disclosure is to maintain the health or safety of the student or others on or off-campus. When the University discloses personally identifiable information under the health or safety emergency exception, the University must record the significant threat to the health or safety of a student or other individuals and the parties to whom the information was disclosed. This documentation must be done within a reasonable period of time after (but not necessarily prior to) the disclosure and must be maintained with the student's education records. This documentation should identify the underlying facts the University relied upon in determining there was a defined and significant threat.
6. The disclosure is to officials of other institutions in which a student seeks or intends to enroll, as long as the disclosure relates solely to the purposes of the transfer, on the condition that the issuing institution makes a reasonable attempt to inform the student of the disclosure, unless the student initiates the transfer.
7. The disclosure is in connection with financial aid for which a student has applied or received if the information is necessary for the determination of eligibility, amount and conditions of aid or to enforce the terms and condition of aid.
8. The disclosure is to organizations conducting studies for, or on behalf of, educational agencies or institutions to develop, validate, and administer predictive tests, to administer student aid programs or to improve instruction, provided that individual identity of students is not made and that the disclosure is restricted to the representatives of the organization that have a legitimate interest in the information. Information may only be disclosed per a written agreement between the University and the organization conducting the study on the University's behalf that:
   1. Identifies the purpose, scope, and duration of the study; ii.)
   2. Requires the organization to use personally identifiable information from education records only to meet the purpose of the study as noted in the agreement; iii.)
   3. Requires that the organization conduct the study in a manner that does not permit personal identification of parents and students by anyone other than representatives of the organization with legitimate interests; and iv.)
   4. Requires the organization to destroy or return the personally identifiable information to the University when the information is no longer needed and specifies the time period in which the destruction or return must occur.
   5. Requires the organization to use personally identifiable information from education records only to meet the purpose of the study as noted in the agreement;
   6. Requires that the organization conduct the study in a manner that does not permit personal identification of parents and students by anyone other than representatives of the organization with legitimate interests; and
   7. Requires the organization to destroy or return the personally identifiable information to the University when the information is no longer needed and specifies the time period in which the destruction or return must occur.
9. The disclosure is to accrediting organizations carrying out their accrediting functions.
10. The disclosure is to comply with a judicial order or a lawfully-issued subpoena, provided that the University makes a reasonable attempt to notify the student in advance of compliance. If a contractor receives a subpoena for a student's information, the contractor is required to provide the appropriate notice. The University is not required to notify the student if a federal grand jury subpoena or any other subpoena issued for a law enforcement purpose orders the institution not to disclose the existence or contents of the subpoena. In addition, the University is not required to notify the student if disclosure is necessary to comply with an ex-parte court order obtained by the U.S. Attorney General or an Assistant Attorney General concerning certain criminal investigations and prosecutions.
11. The disclosure is to a victim of an alleged crime of violence or a non-forcible sex offense, or to the alleged victim's next of kin (if the victim dies as a result of the crime or offense). The disclosure may only include the final results of the disciplinary proceeding conducted by the institution, regardless of whether the University concluded a violation was committed or not. The University may not require students who are sexual assault victims to sign confidentiality pledges to protect from further disclosure the disciplinary proceedings.
12. The disclosure is to the parents of a student under 21 years of age who has been found responsible for a violation involving the use or possession of alcohol and/or drugs.

Right to File a Complaint

Students have the right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with FERPA. 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 20202-5920

The complete regulation can be accessed via the Code of Federal Regulations website.

Definitions of Relevant Terms

Attendance

Eligible students are in attendance at Holy Family University as soon as they are enrolled in courses.

Education record

Education records include any document (electronic or other material), which contains information directly related to a student who is or has been in attendance at the university and is maintained by the university or on the university’s behalf. Examples of education records include but are not limited to:

• admissions information
• class lists, grades, test scores, evaluations
• course work and communications that are part of the educational process
• internship program records
• disciplinary records
• employment records if the work is directly related to their student status (e.g., work-study, resident assistants, and internship programs)
• financial aid records and other financial information

Examples of documents which are not education records:

• information obtained through personal knowledge or observation, such as private notes in the "sole possession" of faculty or staff (e.g., memory aids about a student)
• alumni's post-graduation information
• investigative reports and other records created and maintained by a campus security unit for the purpose of conduct investigation or proceedings
• employment records, unless student status is a job requirement
• student's health or treatment records

Eligible students

Eligible students are students who are 18 years or older or are attending a post-secondary institution.

Legitimate educational interest

School officials with a legitimate educational interest may obtain access to a student’s educational record. The official would need this access in order to perform their job at the university.