FERPA
Our intention with this page is to clearly explain the "Family Educational Rights and Privacy Act of 1974, as Amended," known generally as "FERPA" or "The Buckley Amendment." This information references directly the FERPA page on ed.gov at the following link:
http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html
What is FERPA?
FERPA is the United States federal law that protects student records privacy review and disclosure rights. This is a Federal law that is administered by the Family Policy Compliance Office (Office) in the U.S. Department of Education (Department). The law guarantees these rights for both current and former Andrews University students. To help you understand FERPA and what it means to you, this page addresses a variety of records privacy questions.
What is an Education Record?
“教育记录”一词的定义是那些包含与学生直接相关的信息的记录，这些记录由教育机构或机构或代表该机构或机构的一方保存. At Andrews University your student records are filed and maintained by the following offices and departments.
| Location of Record | Record Type |
|---|---|
| Office of the Registrar | Academic records (all schools) |
| Office of Admissions (School of Graduate Studies & Research and Theological Seminary.) | Admissions records |
| Office of Human Resources | Student employment records |
| Office of Student Financial Services | Student account records |
| Division of Student Life | Student Life records |
| Counseling & Testing Center | Achievement and Intelligence test scores, Interest inventory and Personality test scores |
| Department of Instruction | Official folder of records, if one is kept |
| University Schools (Ruth Murdoch Elementary and Andrews Academy) | Academic records, Admission records (except medical records), Student Life records |
What are some of the basic guidelines?
As a student, your educational records are considered confidential. Under most circumstances your records will not be released without your written and signed consent. As an Andrews University student, you must sign a release form in order for your information to be released to your parents.
Student Rights
Once a student reaches 18 years of age or attends a postsecondary institution, he or she becomes an "eligible student," and all rights formerly given to parents under FERPA transfer to the student. The eligible student has the following rights:
- the right to have access to his or her education records
- the right to seek to have the records amended
- 控制从记录中披露个人身份信息的权利(FERPA法规规定的某些情况除外), some of which are discussed below)
- the right to file a complaint with the Department.
FERPA generally prohibits the improper disclosure of personally identifiable information derived from education records. Thus, information that an official obtained through personal knowledge or observation, or has heard orally from others, is not protected under FERPA. This remains applicable even if education records exist which contain that information, unless the official had an official role in making a determination that generated a protected education record.
Access to Education Records
Under FERPA, 学校必须在收到要求后的45天内为符合条件的学生提供检查和审查其教育记录的机会. A school is required to provide an eligible student with copies of education records, or make other arrangements, if a failure to do so would effectively prevent the student from obtaining access to the records. A case in point would be a situation in which the student does not live within commuting distance of the school.
A school is not generally required by FERPA to provide an eligible student with access to academic calendars, course syllabi, or general notices such as announcements of specific events or extra-curricular activities. That type of information is not generally directly related to an individual student and, therefore, does not meet the definition of an education record.
Under FERPA, 学校不需要提供未保存的信息，也不需要根据符合条件的学生的要求创建教育记录. Accordingly, 学校不需要向符合条件的学生提供他或她在课程(包括成绩报告)或学校的最新进展，除非这些信息已经以教育记录的形式存在.
Amendment of Education Records
Under FERPA, 符合资格的学生有权要求更改其教育记录中的不准确或误导性信息. While a school is not required to amend education records in accordance with an eligible student's request, the school is required to consider the request. If the school decides not to amend a record in accordance with an eligible student's request, the school must inform the student of his or her right to a hearing on the matter. If, as a result of the hearing, the school still decides not to amend the record, the eligible student has the right to insert a statement in the record setting forth his or her views. 该声明必须保留在符合条件的学生记录的争议部分，只要记录保存.
However, while the FERPA amendment procedure may be used to challenge facts that are inaccurately recorded, it may NOT be used to challenge a grade, an opinion, or a substantive decision made by a school about an eligible student.
FERPA的目的只是要求学校遵守公平的记录保存做法，而不是推翻进行学术评估的公认标准和程序, disciplinary rulings, or placement determinations. Thus, while FERPA affords eligible students the right to seek to amend education records which contain inaccurate information, this right cannot be used to challenge a grade or an individual's opinion, or a substantive decision made by a school about a student. Additionally, if FERPA's amendment procedures are not applicable to an eligible student's request for amendment of education records, the school is not required under FERPA to hold a hearing on the matter.
Disclosure of Personally Identifiable Information
Personally identifiable information is defined as information such as name, address, social security number, or personal characteristics which would make the student's identity traceable.
FERPA gives institutions the right to define certain pieces of information as "directory information," or information for which the institution does not need the student's consent to release it. Andrews University has classified the following as directory information: name, local address, local telephone number, Andrews University email address, gender, marital status, hometown, date and place of birth, school, academic program (degree, major and minor), enrollment status, class standing/classification (i.e., freshman, sophomore, junior, senior or graduate), participation in officially recognized activities, dates of attendance, degree(s) received, honors and awards and photographs.
Under FERPA, 除非符合条件的学生提供书面同意，否则学校一般不会将符合条件的学生的教育记录中的个人身份信息透露给第三方. However, FERPA禁止在未经同意的情况下披露教育记录中的个人身份信息，但也有一些例外情况. Under these exceptions, schools are permitted to disclose personally identifiable information from education records without consent, though they are not required to do so.
General Information Regarding These Exceptions
- One of the exceptions to the prior written consent requirement in FERPA allows "school officials," including teachers, 在学校内部获取包含在教育记录中的个人身份信息，前提是学校已经确定他们对这些信息有“合法的教育利益”. Although the term "school official" is not defined in the statute or regulations, this Office generally interprets the term to include parties such as: professors; instructors; administrators; health staff; counselors; attorneys; clerical staff; trustees; members of committees and disciplinary boards; and a contractor, volunteer or other party to whom the school has outsourced institutional services or functions.
学校必须在FERPA权利年度通知中告知符合条件的学生如何定义“学校官员”和“合法教育利益”. 如果学校官员为了履行他或她的职业责任而需要审查教育记录，那么学校官员通常具有合法的教育利益. "
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另一个例外允许学校从符合条件的学生的教育记录中披露个人身份信息, without consent, to another school in which the student seeks or intends to enroll. 如果发送学校在其年度权利通知中包括在这种情况下转发教育记录的声明，则可以进行披露. Otherwise, the sending school must make a reasonable attempt to notify the student in advance of making the disclosure, unless the student has initiated the disclosure.
- 如果学生要求，学校还必须向符合条件的学生提供一份公布的记录副本.
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FERPA还允许学校在未经同意的情况下从教育记录中披露个人身份信息，如果披露与学生申请或已收到的经济援助有关, if the information is necessary for such purposes as to: determine the eligibility for the aid; determine the amount of the aid; determine the conditions for the aid; and/or enforce the terms and conditions of the aid.
- With respect to this exception, “经济援助”一词是指提供给个人的资金支付(或以有形或无形财产的形式支付给个人)，条件是个人在学校的出勤率.
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另一个例外允许学校在未经同意的情况下从教育记录中披露个人身份信息，前提是披露给“受抚养学生”的父母，该术语的定义见《bet365中文》第152条.
- Generally, if either parent has claimed the student as a dependent on the parent's most recent year's income tax statement, the school may non-consensually disclose the eligible student's education records to both parents under this exception.
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Postsecondary institutions may also disclose personally identifiable information from education records, without consent, to appropriate parties, including parents of an eligible student, in connection with a health or safety emergency.
- Under this provision, colleges and universities may notify parents when there is a health or safety emergency involving their son or daughter, even if the parents do not claim the student as a dependent.
FERPA FAQs
What if my mom or dad calls the Records office to ask about me, such as with a transcript request?
If a student is under the age of 18, parents are permitted to receive information as defined by FERPA. Under the stipulations of FERPA, 除非学生提交了FERPA信息发布表格，否则学术记录办公室不允许向家长透露18岁或以上学生的信息. Upon calling Academic Records with a question about their student, our staff will check iVue for confirmation that the form has been submitted. Please note that this does not mean, as according to the disclosure exceptions listed above, 我们有义务向任何获得许可但只能发布一般信息的第三方披露所有信息.
What if my parent wants to find out my grades for me?
Grades are only accessible within the student's Vault account or by directly contacting the instructor. Students are advised to directly contact their professor if they have questions about their grade, or if the grade has not been submitted. Student-parent communication is the best way for parents to find out the grades of their student. 学生还可以添加学业或财务代理，以便重要的家庭成员查看学生教育记录的各个方面.
Do my parents have the right to see my educational records if they are paying the bill?
根据FERPA，一旦学生年满18岁，家长审查和修改教育记录的权利将转移给学生. Although the rights under FERPA have now transferred to you, a school may disclose information from an “eligible student’s” education records to your parents, without your consent, if your parents claimed you as a dependent for tax purposes in the last year's tax return. Neither the age of the student nor the parent’s status as a custodial parent is relevant. If you are claimed as a dependent by either of your parents for tax purposes, then either parent may have access under this provision.