Family Educational Rights and Privacy (FERPA or Buckley Amendment)
Authority:
Issued by the Chancellor. Changes or exceptions to administrative regulations issued by the Chancellor may only be made by the Chancellor.
History:
First Issued: February 9, 1999.Last Revised: November 3, 2003. Additional History Information.
Additional Reference:
UNC General Administration Memorandum #346
Office of Legal Affairs information on FERPA
Federal Law and Regulations
Contact Info:
Vice Chancellor for Student Affairs (919) 515-2446
1. Compliance with FERPA Rights
Federal law gives students certain rights to privacy of their education records
and rights of access to their education records. Employees and agents of the
University are expected to comply fully with this law.
The law is called the Family Educational Rights and Privacy Act (also referred
to as FERPA or the Buckley Amendment). It is codified at 20 U.S.C. section
1232g. The United States Department of Education has issued regulations to
implement the law; see 34 CFR part 99. The law, the regulations, and other
information can be accessed through the NC State Office of Legal Affairs Website.
Please be aware that the federal law and regulations periodically change and
the Web versions may not be completely up to date.
2. Annual Notice of FERPA Rights:
NC State University shall send a written notice of FERPA rights to every
enrolled student at the beginning of each fall semester. The Vice Chancellor
for Student Affairs, or his/her designee, is responsible for preparing and
delivering the annual notice.
3. Student Right to Inspect and Copy Their Records
Students who want to inspect their education records should direct that request
to the NC State officials who are responsible for maintaining the records.
The officials shall provide access to the records during regular business
hours. However, the law provides that parts of their records may not be inspected
by students (e.g., students may not review financial records of their parents
or certain letters of recommendation). See 34 CFR section 99.12.
Students may generally obtain copies of their education records IF circumstances
make on-site inspection impractical and the student is in good standing. By
way of example, a request for copies may be denied if the student lives within
commuting distance of NC State, or there is a "hold" on the student’s
records, or there is an unresolved disciplinary action against the student,
or the requested records include exam or test questions.
When copies are provided, the student may be charged a reasonable fee for
the actual copying expense, not to exceed $0.25 per page.
4. Privacy of Records/Directory Information
NC State may not disclose the education records of a student to other persons
unless that student has given consent in writing. Federal law provides certain
exceptions to this student privacy right. See 34 CFR 99.31. For example,
school officials with a legitimate educational interest may inspect a student’s
records regardless of consent.
Another exception to records privacy is that the University may disclose "directory information" without student consent. Directory information
consists of a student's name, email address(es) on file with the Registrar,
mailing address(es) on file with the Registrar, enrollment status
(e.g., undergraduate or graduate; full-time or part-time), telephone number,
date and place of birth, major field of study, student activities, weight
and height of members of athletic teams, dates of attendance, degrees and
awards received, and the most recent previous educational agency or institution
attended by the student.
Students may block disclosure of directory information. To block disclosure
of directory information, a student must file an objection with the Department
of Registration and Records (Harris Hall) within two weeks of the beginning
of each semester. Students who do not wish to have listings published in
the
University's telephone directory must also notify the Department of Registration
and Records by the end of the first week in September. Even if a student
blocks directory information, it may still be inspected by those persons authorized
by law to inspect education records without consent. See 34 CFR 99.31
and 99.37.
5. Record Keeping
Any time an education record is requested by or disclosed to a third party,
the person who maintains the record must add to the record a written notation
of the name and interest of the party who made the request or received access
to the record. Exceptions: this requirement does not apply to (1) disclosures
to an NC State official with a legitimate educational interest, (2) disclosures
made with the written consent of the student, or (3) disclosures of directory
information.
6. Procedure to Correct Records
If a student believes his/her education record is inaccurate or misleading,
the first step is to discuss the concern with the person who maintains the
record. This does not apply to grade disputes (although it may be used to
correct a clerical error in grades). If the record keeper does not agree with
the student, the record keeper will inform the student of the right to a formal
hearing.
A student must request a formal hearing within 15 University business days
from the date the student is informed by the record keeper of the right to
a hearing. The request must be in writing, and must be delivered to the Vice
Chancellor or Dean to whom the record keeper ultimately reports.
The University official who receives the formal hearing request shall either
hear the case personally or designate a person or persons to hear it, provided
that those who hear the case do not have a direct interest in the outcome
of the hearing. Within a reasonable period of time after the request for hearing,
the student shall be informed of the date, place, and time of the hearing.
The student may present evidence relevant to the issues raised and may be
assisted or represented at the hearing by one or more persons of his/her choice.
The person(s) hearing the case shall decide it solely on the basis of the
evidence presented at the hearing. The decision shall be in writing, delivered
to all parties, and will summarize the evidence and state the reason(s) for
the decision. If the decision is in favor of the student, the education records
will be amended accordingly. If the decision is unsatisfactory to the student,
he or she may place with the education record a statement commenting on the
information in the records or setting forth any reasons for disagreement with
the decision. Such statements will be maintained as part of the student’s
education record and released with the record anytime it is disclosed to third
parties.
7. How to Complain About Violations of Student Rights
Students who believe their rights have been abridged and who have exhausted
their administrative remedies, may file complaints with the Family Compliance
Office, U.S. Department of Education, 600 Independence Avenue, SW, Washington,
D.C. 20202-4605, concerning the alleged failures of the University to comply
with the law. Complaints must be filed with the Family Compliance Office
within 180 days of the date of the alleged violation or the date the complainant
knew or should have known of the alleged violation.
