FAMILY EDUCATIONAL RIGHTS AND PRIVACY ACT – FERPA
The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of a student’s education records. In compliance with FERPA, Standard College does not disclose personally identifiable information contained in student education records, except as authorized by law.
STUDENT RIGHTS UNDER FERPA
The Family Educational Rights and Privacy Act (FERPA) afford eligible students certain rights with respect to their education records. (An “eligible student” under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution.) These rights include:
- The right to inspect and review the student’s education records within 45 days after the day Standard Healthcare Services College of Nursing (Standard College) receives a request for access. A student should submit to the registrar at firstname.lastname@example.org or by mail at the school’s address a written request that identifies the record(s) the student wishes to inspect. The school 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 school 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 is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
A student who wishes to ask the school to amend a record should write the school official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed.
If the school decides not to amend the record as requested, the school will notify the student in writing of the decision and the student’s right to appeal regarding the request for amendment. Additional information regarding the appeal process will be provided to the student when notified of the right to an appeal.
- The right to provide written consent before Standard College discloses personally identifiable information (PII) from the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
Standard College discloses education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by the Standard College in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); or a student serving on an official committee, such as a disciplinary or grievance committee. A school official also may include a volunteer or contractor outside of Standard College who performs an institutional service of function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist 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 responsibilities for Standard College.
Upon request, the school also discloses education records without consent to officials of 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 Standard College to comply with the requirements of 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
WHEN DISCLOSURE IS PERMITTED WITHOUT PRIOR CONSENT OF THE STUDENT
FERPA permits the disclosure of PII from students’ education records, without consent of the student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, §99.32 of FERPA regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures. A postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student
- To other school officials, including teachers, within Standard College whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) – (a)(1)(i)(B)(2) are met. (§99.31(a)(1))
- To officials of another school where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34. (§99.31(a)(2))
- To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the college’s State-supported education programs. Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§99.31(a)(3) and 99.35)
- In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§99.31(a)(4))
- To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§99.31(a)(6))
- To accrediting organizations to carry out their accrediting functions. ((§99.31(a)(7))
- To parents of an eligible student if the student is a dependent for IRS tax purposes. (§99.31(a)(8))
- To comply with a judicial order or lawfully issued subpoena. (§99.31(a)(9))
- To appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(a)(10))
- Information the school has designated as “directory information” under §99.37. (§99.31(a)(11))
- To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of §99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (§99.31(a)(13))
- To the general public, the final results of a disciplinary proceeding, subject to the requirements of §99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school’s rules or policies with respect to the allegation made against him or her. (§99.31(a)(14))
- To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a)(15))
Student data that, unless restricted by the student, can be released to third parties upon request, including the following:
- Student’s Name
- Academic program (degree)
- Dates of attendance, full-time / part-time status
- Degrees, honors, and awards received
- Email directory lookup
- Local address and directory phone number
- Date and Place of Birth
- Student ID number, user ID, or other unique personal identifier used to communicate in electronic systems that cannot be used to access education records without a PIN, password, etc. (A student’s SSN, in whole or in part, cannot be used for this purpose.)
Standard College may disclose Directory Information without a student’s consent. Students may restrict the disclosure of any item of Directory Information by submitting a written request to the Registrar Office.
The right to restrict disclosure of Directory Information does not include the right to remain anonymous in class and may not be used to impede classroom communication.
Please Note: Even after graduation, privacy preferences remain in effect. For example, if a student has restricted the disclosure of degrees, honors and awards, Standard College will not confirm degrees earned to prospective employers or any other party without the student’s permission.
Consent to Disclosure
If a student has provided consent to the disclosure of information from his or her education records to a parent, guardian or other third party (via the Consent-to-Disclosure form), Standard College will communicate with the parent or guardian in the following situations:
- The student voluntarily withdraws or takes a leave of absence
- The student is suspended or dismissed from Standard College
In addition, Standard College will inform the parent if the parent’s loan or financial obligation has been cancelled for any reason.
Even without consent, Standard College will communicate with parents, guardians or other third parties in the event of an emergency that poses a threat to the health or safety of the student. Standard College will also communicate with parents if their son or daughter under the age of twenty-one is found to have violated laws or rules pertaining to alcohol or controlled substances.
INFORMATION WHICH STUDENTS DO NOT HAVE THE RIGHT TO INSPECT
Students do not have a right under FERPA to inspect information that is not an education record, such as:
- Medical treatment records
- Law enforcement records
- Employment records (where employment is unrelated to student status)
- Records created or received after the individual is no longer a student and which are not directly related to attendance at the College.
- Records of instructional, supervisory, administrative or educational personnel that are kept in the sole possession of the maker of the record and are not accessible or revealed to any other person except a temporary substitute for the maker of the record
- Peer-graded papers before they are collected and recorded by an instructor
Note: Students may have rights to inspect such records under other laws.
In addition, students do not have the right to access certain education records, such as:
- Confidential letters of recommendation, if the student has waived right of access in writing
- Parents’ financial records
- Admissions records for a program of admission which was not officially attended. Students who complete a course at the College but never officially attend as a degree or diploma candidate in their program of admission have FERPA rights with respect to that course but not with respect to the admissions records for that program.
- Records that also contain information on other students. Students may inspect, review or be informed of only the specific information about themselves.
AUTHORIZING ANOTHER PERSON TO INSPECT OR RECEIVE COPIES OF YOUR RECORDS
Current or former students who wish to permit another person to inspect or receive copies of their education records must provide signed and dated written consent which must:
- Specify the records that may be disclosed
- State the purpose of the disclosure
- Identify the person or class of parties to whom the disclosure can be made
Questions about Standard College’s policies and practices or about specific education records should be addressed to:
Office of the Registrar
Standard Healthcare Services Inc, College of Nursing
7704 Leesburg Pike Suite 1000
Falls Church, VA 22043