The Family Educational Rights and Privacy Act (FERPA)

FERPA is the federal law that governs the rights of students and institutional responsibilities with respect to student records. If you have any questions regarding any of the information contained herein, please refer to the college’s FERPA Fact Sheet available on the college’s website (https://www.williamson.edu) or contact the Office of the Provost or college registrar.

What is FERPA?

The Family Educational Rights and Privacy Act of 1974, commonly referred to as FERPA or the Buckley amendment, is a federal law designed to protect the privacy of a student’s educational record. FERPA applies to all educational agencies or institutions that receive federal funding for any program administered by the Secretary of Education. FERPA also applies to private entities that contract to perform services for the college that it would otherwise undertake to perform on its own; in such cases, the private entity must observe the same FERPA protections applicable to the college. FERPA grants adult students (18 and older) the following rights:

• The right to inspect and review their educational records
• The right to seek the amendment of their educational records
• The right to consent to the disclosure of their educational records
• The right to obtain a copy of their school’s Student Records Policy
• The right to file a complaint with the FERPA Office in Washington, D.C.

FERPA Basics

• With only a few exceptions, student educational records are considered confidential and may not be released without the written consent of the student
• Faculty or staff members have a responsibility to protect educational records in their possession. Additionally, faculty or staff members may only access information that is needed for legitimate completion of their responsibilities as a college employee.

What is an Education Record?

“Education Records” include any information or data recorded in any medium, including but not limited to, handwriting, print, tapes, film, email, microfilm, and microfiche, which is directly related to a student and maintained by the college or by a person acting for the college.

Examples of an Education Record:

• Admissions information for students who are accepted and enrolled
• Biographical information including date and place of birth, gender, nationality, information about race and ethnicity, and identification photographs
• Grades, test scores, evaluations, courses taken, academic specialization and activities, and official communications regarding a student’s status
• Course work including papers and exams, class schedules, as well as written, email or recorded communications that are part of the academic process
• Disciplinary records
• Students’ financial and financial aid records
• Internship program records

Access to Student Education Records

In general, the college will not release “personally identifiable information” from a student’s education record without the student’s prior written consent provided through a Student Consent Form, available at the college’s website (https://www.williamson.edu) or the Office of the Registrar and kept on file with the registrar. However, please note FERPA allows disclosure without student consent under the following circumstances:

• School employees who have a “legitimate educational interest” in the records in order to perform their duties
• Other schools where a student seeks to enroll or is enrolled
• Accrediting organizations
• Organizations doing certain studies for or on behalf of the college
• Appropriate parties to determine eligibility, amount or conditions of financial aid, or to enforce the terms and conditions of aid
• Parents of a “dependent student,” as defined in the Internal Revenue Code.
• Certain government officials of the U. S. Department of Education, the Comptroller General, and state and local educational authorities, in connection with an audit, authorized representatives of the U. S. Attorney General for law enforcement purposes or state or federally supported education programs.
• Individuals who have obtained a judicial order or subpoena
• School officials who have a need to know concerning disciplinary action taken against a student.
• Appropriate parties who need to know in cases of health and safety emergencies when necessary to protect the student and/or others.
• An alleged victim of a crime of violence or non-forcible sexual offense has a right to learn the results of a disciplinary proceeding conducted by the institution against the alleged perpetrator of the crime.
• Information regarding any violation of college policy or state, federal or local law, governing the use or possession of alcohol or a controlled substance may be released to the parents or legal guardian of a student under the age of 21.
• Those requesting “directory information” on a student provided the student has not requested his or her information be withheld.

Directory Information

Williamson designates the following items as directory information: student name, dates of attendance at Williamson, program/field of study, degree received (including dates), participating in officially recognized college activities, academic or other college awards or honors received, weight and height of student on athletic teams, students’ electronic mail addresses, enrollment status, and hometown (city and state).

Because directory information is considered public, the college may release such information to anyone without the student’s consent provided that the student has not requested a directory restriction.

Restricting Release of Information

The college may disclose to third parties any student information that it has designated as directory information, provided that the student has not restricted such information from disclosure. Students must request a restriction in writing to the registrar. Students who wish to restrict their names should realize that their names will not appear in the commencement bulletin and other college publications.

Filing a Complaint

Students have a right to file a complaint with the U.S. Department of Education concerning alleged failures by the college to comply with the requirements of FERPA. More information about filing a FERPA complaint and the official complaint form may be found at https://studentprivacy.ed.gov/file-a-complaint. Complaint forms may be mailed to U.S. Department of Education, Student Privacy Policy Office, 400 Maryland Avenue, SW, Washington, DC 20202-8520 or emailed to FERPA.Complaints@ed.gov.