FERPA
A Loyola University Chicago
Student’s View
This slide show is designed to provide an introduction to your rights as a
student under the Family Educational Rights and Privacy Act.
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A link to an interactive FERPA Quiz is at the end of this presentation.
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What is FERPA?
FAMILY EDUCATIONAL RIGHTS AND
PRIVACY ACT OF 1974 AS AMENDED
This law, also known as the Buckley Amendment, is
"A FEDERAL LAW DESIGNED TO PROTECT THE PRIVACY OF
EDUCATION RECORDS, TO ESTABLISH THE RIGHT OF
STUDENTS TO INSPECT AND REVIEW THEIR EDUCATION
RECORDS, AND TO PROVIDE GUIDELINES FOR THE
CORRECTION OF INACCURATE AND MISLEADING DATA
THROUGH INFORMAL AND FORMAL HEARINGS."
________________________________
DEFINITIONS OF TERMS FOR ADMISSIONS AND RECORDS. Washington, D.C.: AACRAO, 1980, p. 28.
Loyola University Chicago Provides
Annual Notification to Students of their Rights
To:
1. Request that DIRECTORY INFORMATION not be released about them.
2. Inspect and review their EDUCATION RECORDS within 45 days of
requesting to do so.
3. Request an amendment to their educational records.
4. Request a hearing if the request for an amendment is not satisfactory.
5. File a complaint with the U.S. Department of Education.
6. Know that SCHOOL OFFICIALS with a
LEGITIMATE EDUCATIONAL INTEREST may access the student’s
educational record without written consent.
In short, your Education Records belong to you. Loyola University Chicago
applies FERPA to protect your privacy rights.
What about Your Parents?
“Who’s Paying the Bill Here?”
•
•
When you reach the age of 18 or begin attending Loyola University Chicago, regardless of
age, FERPA rights transfer to you.
•
Your parents, as with all third parties, may obtain directory information only at the
discretion of Loyola.
•
Loyola may disclose to parents of students under age 21 information regarding their
student’s violation of the law or Loyola policy governing use or possession of alcohol or
controlled substance if Loyola has determined that you have committed a disciplinary
violation.
•
Your parents may also obtain non-directory information by obtaining your signed consent.
•
Your parents may obtain non-directory information (grades, gpa, etc.) only at the discretion
of the Loyola AND after it has been determined that their child is legally their dependent, as
per Internal Revenue Administration for tax purposes.
Students, Loyola will not share your parent’s financial information with you.
A Student’s
“EDUCATION RECORD”
Is any record (with certain exceptions), that
• is maintained by Loyola University Chicago that is
directly related to your activity while at Loyola, and
• that is recorded in: Files, Documents, and Materials in
whatever medium (handwriting, print, tapes, discs,
film, microfilm, microfiche, and the like).
An EDUCATION RECORD is NOT:
o
“SOLE POSSESSION” Notes, Notes Intended to be Used by an Individual
School Official Alone and not shared with others.
o
Law Enforcement Unit Records
o
Records Maintained Exclusively for Individuals in their Capacity as Loyola
University Chicago Employees
~ Records of Individuals who are Employed as a Result of Their Status as
Students (Work Study) ARE EDUCATION RECORDS.
o
Records Maintained by a Health Care Professional that Relate to Treatment of
the Student
o
Records Pertaining to Post-Graduation or Post Enrollment Activities
“PERSONALLY IDENTIFIABLE”
MEANS DATA OR INFORMATION WHICH INCLUDES:
o
THE NAME OF THE STUDENT, THE STUDENT'S PARENT, OR
OTHER FAMILY MEMBERS
o
THE STUDENT'S CAMPUS OR HOME ADDRESS;
o
A PERSONAL IDENTIFIER (SUCH AS A SOCIAL SECURITY
NUMBER OR STUDENT NUMBER)
o
A LIST OF PERSONAL CHARACTERISTICS OR OTHER
INFORMATION WHICH WOULD MAKE THE STUDENT'S
IDENTITY EASILY TRACEABLE
“LEGITIMATE EDUCATIONAL INTEREST”
at
LOYOLA UNIVERSTIY CHICAGO
Keep in mind that SCHOOL OFFICIALS with a LEGITIMATE
EDUCATIONAL INTEREST may access your educational record
without your written consent.
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.
A SCHOOL OFFICIAL at
LOYOLA UNIVERSITY CHICAGO
with a “Legitimate Educational Interest” is
o 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); or
o a company with whom the University has contracted, e.g.,
attorney, auditor, collection agent; or
o A person serving on the Board of Trustees;
o 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.
LIMITATIONS ON STUDENT ACCESS
TO RECORDS
Some limitations do apply to your right to inspect your
record, these are as follows:



PARENTAL FINANCIAL INFORMATION
CONFIDENTIAL LETTERS AND RECOMMENDATIONS TO
WHICH YOU HAVE WAIVED YOUR RIGHT OF INSPECTION
EDUCATION RECORDS CONTAINING INFORMATION
ABOUT MORE THAN ONE STUDENT

However, Loyola will permit access to that part of the record that
pertains only to you.
DISCLOSURE of
EDUCATION RECORD
WRITTEN CONSENT REQUIRED
As a general rule, Loyola University Chicago will obtain your written
consent before disclosing or releasing any PERSONALLY
IDENTIFIABLE INFORMATION from your EDUCATION RECORD to
a third party (WITH A FEW EXCEPTIONS).
Your written consent or request will
~
SPECIFY THE RECORDS TO BE RELEASED
~
STATE THE PURPOSE OF THE DISCLOSURE
~
IDENTIFY THE PARTY OR PARTIES TO WHOM
DISCLOSURE MAY BE MADE
~
BE SIGNED AND DATED BY THE STUDENT.
WRITTEN CONSENT
Loyola University Chicago MAY disclose your Education
Records WITHOUT WRITTEN CONSENT to the following:
Authorized representatives of the following for audit, evaluation, or
enforcement of Federal and State support programs:
~ COMPTROLLER GENERAL OF THE UNITED STATES
~ THE SECRETARY OF THE UNITED STATES DEPARTMENT
OF EDUCATION
~ U.S. ATTORNEY GENERAL (LAW ENFORCEMENT ONLY)
~ STATE EDUCATIONAL AUTHORITIES
WRITTEN CONSENT
Loyola University Chicago MAY disclose your Education
Records WITHOUT WRITTEN CONSENT to the following:
o Persons within the institution determined by the institution to
have a legitimate educational interest.
o Officials of other institutions in which you as a student seeks
to enroll. Loyola will make every reasonable attempt
possible to inform you that a disclosure is being made.
WRITTEN CONSENT
Loyola University Chicago MAY disclose your Education
Records WITHOUT WRITTEN CONSENT to the following:
o Persons or organizations that are providing you with
financial aid or who are determining financial aid
decisions.
o Organizations conducting studies to develop, validate, and
administer predictive tests, to administer student aid
programs, or to improve instruction.
WRITTEN CONSENT
Loyola University Chicago MAY disclose your Education
Records WITHOUT WRITTEN CONSENT to the following:
o Accrediting organizations carrying out their
accrediting functions.
o Your parent(s), if it has been established that
you are being declared as a dependent on their
income tax return, as provided by the Internal
Revenue Service.
WRITTEN CONSENT
Loyola University Chicago MAY disclose your Education
Records WITHOUT WRITTEN CONSENT to the following:
Persons in compliance with a judicial order or a
lawfully issued subpoena. The student will be
notified that Loyola has responded, unless
prohibited by law.*
* IF THE SUBPOENA IS ISSUED FROM A FEDERAL GRAND
JURY, OR FOR A LAW ENFORCEMENT PURPOSE, AND
ORDERS THE INSTITUTION NOT TO NOTIFY THE STUDENT.
WRITTEN CONSENT
Loyola University Chicago MAY disclose your Education
Records WITHOUT WRITTEN CONSENT to the following:
If you have initiated legal actions against Loyola University
Chicago or if Loyola has initiated legal actions against you.
This exception removes the necessity of an institution having to get into an awkward
situation with a student regarding presenting the student’s records in court. Prior to the
inclusion of this exception, the institution would either have had to obtain the student’s
written permission to produce the records in court or issue a subpoena upon itself to
produce the records.
WRITTEN CONSENT
Loyola University Chicago MAY disclose your Education
Records WITHOUT WRITTEN CONSENT to the following:
Persons in an emergency, if the knowledge of
information, in fact, is necessary to protect your
health and safety, or that of other persons.
WRITTEN CONSENT
Loyola University Chicago MAY disclose your Education
Records WITHOUT WRITTEN CONSENT to the following:
An alleged victim of any crime of violence of the results of
any institutional disciplinary proceeding against the
alleged perpetrator of that crime with respect to that crime.
The victim of a crime of violence may be informed of the results of an
institutional hearing against the alleged perpetrator of that crime.
WRITTEN CONSENT
Loyola University Chicago MAY disclose your Education
Records WITHOUT WRITTEN CONSENT to the following:
Loyola may disclose to your parents, if you are under the age of 21,
information regarding a violation of the law or Loyola policy governing
use or possession of alcohol or controlled substance if Loyola has
determined that you have committed a disciplinary violation.
This is known as the Foley Amendment and is a new
2000 addition to the exceptions to written
permission.
WRITTEN CONSENT
Loyola University Chicago MAY disclose your Education
Records WITHOUT WRITTEN CONSENT to the following:
The public regarding the final results of an institutional
disciplinary proceeding as long as you have been determined
to be the alleged perpetrator of a crime of violence or of a
non-forcible sex offense.
This is another new 2000 addition to the exceptions to written permission section of FERPA.
This is known as the Warner Amendment. It permits institutions to release the final results of
a institutional disciplinary hearing after it has been determined that the student is the alleged
perpetrator of a crime of violence or non-forcible sex offense.
In other words, the institution may release this information to a newspaper if it wishes. It
does not have to.
“DIRECTORY INFORMATION”
“Directory Information” is information that when made public
is not normally considered a violation of a student’s right to
privacy. Your written permission is not required to make it
public.
However, Loyola University Chicago will
give you an opportunity to have “directory
information” elements kept private and
subject to release by written consent.
LOYOLA UNIVERSITY CHICAGO
Has Designated the Following Items as
Elements of Directory Information:
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•
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Name
Address(es)
Telephone Number(s)
E-mail Address(es)
Photograph
Major and Minor Field(s) of Study,
Including the College, Division,
Department, Institute or Program in
which Student is Enrolled
Dates of Attendance
Grade Level, e.g., Freshman,
Sophomore, Junior, Senior or
Graduate
• Enrollment Status, e.g.,
Undergraduate or Graduate, FullTime or Part-Time
• Date of Graduation
• Degree(s) Received
• Honors or Awards Received,
Including Selection to a Dean’s List
or Honorary Organization
• Participation in Officially
Recognized Activities and Sports
• Weight and Height Information of
Members of Athletic Teams
For Further Information see: http://www.luc.edu/ferpa/
“DIRECTORY INFORMATION”
Can NEVER Include
•
RACE
•
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GENDER
•
SOCIAL
SECURITY
NUMBER
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GRADES
GPA
COUNTRY OF
CITIZENSHIP
RELIGION
These items can only be released with your written
permission.
Welcome to
Loyola University Chicago
Take the FERPA quiz
Click on the icon of your choice to proceed
• Directory Information Quiz:
• Education Record Quiz:
• FERPA Quiz Answer Sheet:
Click here to print a copy of the Answer sheet.