FACULTY ORIENTATION GUIDE

FERPA

The Family Educational Rights and Privacy Act (FERPA) (20 USC § 1232 g; 34 CFR Part 99) is a Federal Law that protects the privacy of our students’ education records. This law applies to any and all schools that receive funds under an applicable program of the U.S. Department of Education.  Since our school receives such funds (student financial aid packages), we are under obligation to comply with this law.  FERPA gives students certain rights with respect to their education records.  Such rights include:

  • A student has the right to inspect and review his/her education records within 45 days of the day the Institution receives a request for access.  Students should submit to the Campus Registrar written requests that identify the record(s) they wish to inspect.  The institution 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 Registrar, the student will be advised of the correct official to whom the request should be addressed.
  • A student has the right to request the amendment of his/her education records that the student believes is inaccurate or misleading.  Students may ask the Institution to amend a record that they believe is inaccurate or misleading.  They should write the Institution officer responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.  If the Institution decides not to amend the record as requested by the student, the Institution will notify the student of the decision and advise the student of his or her right to a hearing regarding the request for amendment.  Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
  • Disclosure of Educational Records:

Information defined as Directory Information may be released without a student’s consent.  American Career College defines Directory Information to include:

    • Name
    • Address
    • Phone Number
    • Email Address
    • Enrollment Status/Grade Level (e.g., First Term, Second Term, etc.)
    • Date of Graduation
    • Degrees and Honors Received
    • Photos
    • Major Field of Study
    • Dates of Attendance
    • Most Recent Institution Attended
  • A Student’s social security number can never be considered Directory Information
  • A student may opt out of the Directory Information disclosure by submitting a written request to the Registrar
  • Students have the right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
  • Generally, schools must have written permission from the student in order to release any information from a student’s education record, however, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.1):
    • School officials with legitimate educational interest;
    • Other schools to which a student is transferring;
    • Specified officials for audit or evaluation purposes;
    • Appropriate parties in connection with financial aid to a student;
    • Organizations conducting certain studies for or on behalf of the school;
    • Accrediting organizations;
    • To comply with a judicial order or lawfully issued subpoena;
    • Appropriate officials in cases of health and safety emergencies; and
    • State and local authorities, within a justice system, pursuant to specific State law.
  • The right to file a complaint with the U.S. Department of Education concerning alleged failures by the Institution to comply with the requirements of FERPA.  The name and address of the Office that administers FERPA is:

Family Policy Compliance Office, Department of Education, Independence Avenue, SW, Washington, DC  20202-4605

Note that in order to speak to a student with a parent, friend, significant other or other person an “Authorization to Release Academic and Financial Records to a Third Party” form will need to be completed and placed on file with the dean’s office.  There are to be NO EXCEPTIONS to this policy and verbal permission is absolutely not allowed in any case.  Forms may be obtained from the program administration assistant.