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The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
Under FERPA, schools must generally afford students who attend a postsecondary institution:
- The right to inspect and review their education records maintained by the school. Schools are not required to provide copies of records unless, for reasons such as great distance, it is impossible for students to review the records. Schools may charge a fee for copies.
- SVCC honors a student’s right to inspect and review their education record and does so within 45 days of the day the College receives a request for access. Students should submit to the Director of Admissions and Records, Division Chair, or other appropriate official, written requests that identify the record(s) they wish to inspect. The College 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 College official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
- Students have the right to request that the college correct records which they believe to be inaccurate or misleading. If the school decides not to amend the record, the student then has the right to a formal hearing. After the hearing, if the school still decides not to amend the record, the student has the right to place a statement with the record setting forth his or her view about the contested information.
- SVCC affords the student the right to request an amendment of their education records that the student believes are inaccurate or misleading. Students may ask the College to amend a record that they believe is inaccurate or misleading. Students must write to the College official responsible for the record, clearly identifying the part of the record they want changed, and specify why it is inaccurate or misleading.
- If the College decides not to amend the record as requested by the student, the College 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.
- 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 § 99.31):
- 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 juvenile justice system, pursuant to specific State law.
Schools may disclose, without consent, “directory” information such as a student’s name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell students about directory information and allow students a reasonable amount of time to request that the school not disclose directory information about them.
- SVCC further defines a ‘school official’ as a person employed by the College in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the College has contracted (such as an attorney, auditor, or collection agent); a person serving on the College Board or 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. 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.
- SVCC specifically defines ‘directory information’ as:
- Category I: Name and dates of attendance.
- Category II: Previous institution(s) attended, major fields of student, awards, honors (including Honors and Provosts’ List), degree(s) conferred (including dates).
- Category III: Past and present participation in officially recognized sports and activities, physical factors (height, weight of athletes), date of birth.
- Currently enrolled SVCC students may withhold disclosure of any category of information under the Family Educational Rights and Privacy Act of 1974, as amended. To withhold disclosure, written notification must be received prior to October 15 in the Office of Admissions and Records at Southside Virginia Community College, Alberta, Virginia, or Southside Virginia Community College, Keysville, Virginia. Forms requesting withholding of “Directory Information” are available in the Admissions and Records Office.
- Southside Virginia Community College assumes that failure on the part of any student to specifically request the withholding of categories of “Directory Information” indicates individual approval for disclosure.
Schools must notify students annually of their rights under FERPA. The actual means of notification (special letter, inclusion in a bulletin, student handbook, or newspaper article) is left to the discretion of each school.
Students have the right to file a complaint with the U.S. Department of Education concerning alleged failures by Southside Virginia Community 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
600 Independence Avenue, SW
Washington, DC 20202-4605
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