The Family Educational Rights and Privacy Acts of 1974 (commonly referred to as “FERPA” or the “Buckley Amendment”) is designed to protect the confidentiality of the records that educational institutions maintain on their students, and to give students access to their records to ensure the accuracy of their contents. The Act affords students certain rights with respect to their education records. FERPA applies to the academic records of persons who are, or have been, in attendance at Maria College. FERPA does not apply to records of applicants who are denied admittance or, if accepted, do not attend Maria College.
The Act applies to all education records maintained by Maria College, and all parties acting for Maria College, which are directly related to a student. Records containing a student’s name, identification number, or other personally identifiable information, in whatever medium, are covered by FERPA unless identified in one of the Act’s excluded categories. Enforcement and Penalties: The Registrar’s Office is responsible for College compliance with this policy. Responsibility for administering the Act by the federal government has been assigned to the Family Policy Compliance Office within the United States Department of Education. This office reviews and investigates complaints and attempts to bring compliance through voluntary means.
Annual Notification Required:
Maria College will provide an annual notification to currently enrolled students concerning their rights under FERPA by publication in the appropriate catalog. The annual notice will contain the following information:
- The right of the student to inspect and review academic records.
- The right of the student to petition Maria College to amend or correct any part of the academic record believed to be inaccurate, misleading, or in violation of the privacy rights of the student.
- The right of the student to control the disclosure of personally identifiable information contained in the student’s educational records, except as otherwise authorized by law.
- The right of any person to file a complaint with the Family Policy and Regulations Office, U.S. Department of Education, Washington, DC, 20202, if Maria College violates this law.
- The right of the student to obtain a copy of this policy.
Right of the College to Refuse Access:
Maria College reserves the right to refuse to permit a student to inspect the following records:
- The financial statements and tax returns of the student’s parents.
- Letters and statements of recommendation that the student has waived his or her right to access, or which were placed in the file before January 1, 1975.
- Records connected with an application to attend Maria College, or a component of the College, if that application was denied.
- Those records which are not educational records as defined by FERPA.
Refusal to Provide Copies:
Maria College reserves the right to deny access to students’ academic records in any of the following situations:
- The student is in default under any federal loan program.
- The student has an unpaid financial obligation to the College.
- There is an unresolved disciplinary action against the student.
- There is an unresolved litigation between the student and the College.
- Other cases as determined by College policy on registration and academic holds, or as determined appropriate by the College.
Records Not Considered to be Academic Records:
- Records that are made by faculty, staff, administrative or auxiliary personnel for personal use, which are unavailable to any other individual. These personal notes are to be referred to in departmental and administrative records policies as “sole possession” records.
- An employment-related record that does not result from student status.
- Parents’ confidential financial statements, income tax records, and reports received by the College.
- Records maintained by Maria College counseling services, available only to those individuals providing the diagnosis and treatment.
- Alumni records that do not relate to the person as a student.
Fees for Copies of Records:
The fees for copies at the Registrar’s Office will be $.50 per page unless otherwise specified. Maria College will not charge for search and retrieval of the records; however, it may charge for copy costs and postage.
Disclosure of Student Academic Records (without written consent of the student):
Maria College will disclose student academic records without the written consent of the student in the following limited circumstances:
- To school officials and to specified agents of the College who have a legitimate educational interest in the records.
- To certain officials in the U.S. Department of Education, the Comptroller General, the Attorney General of the United States, and state and local educational authorities, in connection with certain federally or state-supported education programs.
- In situations where a student has sued the College, or the College has taken legal action against a student, as necessary to proceed with legal action as a plaintiff or to defend itself.
- In connection with student’s request for, or receipt of, financial aid as necessary to determine eligibility, amount, or conditions of the financial aid, or to enforce the terms or conditions of the aid.
- To organizations conducting certain studies for or on behalf of Maria College. These studies may not permit the personal identification of any student by anyone other than the organizations’ representatives. Additionally, all information provided must be destroyed by the requesting organizations when no longer needed for the study’s purpose.
- To accrediting organizations to carry out their functions.
- To comply with a judicial order or a lawfully issued subpoena. Maria College will make a reasonable attempt to notify the student in advance of the disclosure when 26 nondirectory information is released in response to subpoenas or court orders.
- To appropriate parties in the case of a health or safety emergency.
- Directory information as designated by Maria College.
Record of Request for Disclosure:
The record will indicate the name of the party making the request, any additional party to whom it may be redisclosed, and the legitimate interest the party has in requesting or obtaining the information. The record of the request for disclosure may be reviewed by an eligible student.
Maria College designates the following items as directory information:
- Major/Minor fields of study
- Participation in officially recognized activities
- Academic Honors and Class Standing
- Enrollment status (full time, part time, less than half time)
- Degrees/Awards received
Any student who does not wish to have designated directory information disclosed may file a written notification with the Registrar’s Office on or before the 10th day of a semester, or the sixth day of a term. Forms for this purpose will be made available at that office on request.