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FERPA (Family Educational Rights and Privacy Act)

 

Annual Notification of Students鈥� Rights to Privacy & Directory Information Federal Educational Rights & Privacy Act of 1974 (Buckley Amendment)

The Family Educational Rights and Privacy Act (FERPA) afford eligible students certain rights with respect to their education records. (An 鈥渆ligible student鈥� under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution.) These rights include:

 

1. The right to inspect and review the student鈥檚 education records within 45 days after the day the 51动漫网 鈥� Oklahoma City (鈥淪chool鈥�) receives a request for access. A student should submit to the Registrar, Division Head, Vice President, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. The school 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 school official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed. 
2. The right to request the amendment of the student鈥檚 education records that the student believes is inaccurate, misleading, or otherwise in violation of the student鈥檚 privacy rights under FERPA. A student who wishes to ask the school to amend a record should write the school official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed. If the school decides not to amend the record as requested, the school will notify the student in writing of the decision and the student鈥檚 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. 
3. The right to provide written consent before the university discloses personally identifiable information (PII) from the student鈥檚 education records, except to the extent that FERPA authorizes disclosure without consent. The school discloses education records without a student鈥檚 prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by OSU-OKC in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance committee. A school official also may include a volunteer or contractor outside of OSU-OKC who performs an institutional service of function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist 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 responsibilities for OSU-OKC. Upon request, the school also discloses education records without consent to officials of another school in which a student seeks or intends to enroll. 
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by OSUOKC 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 400 Maryland Avenue, SW Washington, DC 20202

FERPA permits the disclosure of PII from students鈥� education records, without consent of the student, if the disclosure meets certain conditions found in 搂99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, 搂99.32 of FERPA regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures. A postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student 鈥�

 

• To other school officials, including teachers, within OSU-OKC whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in 搂99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(2) are met. (搂99.31(a)(1)) 
• To officials of another school where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student鈥檚 enrollment or transfer, subject to the requirements of 搂99.34. (搂99.31(a)(2)) 
• To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the university鈥檚 state-supported education programs. Disclosures under this provision may be made, subject to the requirements of 搂99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (搂搂99.31(a)(3) and 99.35) 
• In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (搂99.31(a)(4)) 
• To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (搂99.31(a)(6)) 
• To accrediting organizations to carry out their accrediting functions. ((搂99.31(a)(7)) 
•  To parents of an eligible student if the student is a dependent for IRS tax purposes. (搂99.31(a)(8)) 
•  To comply with a judicial order or lawfully issued subpoena. (搂99.31(a)(9)) 
• To appropriate officials in connection with a health or safety emergency, subject to 搂99.36. (搂99.31(a)(10))) 
• Information the school has designated as 鈥渄irectory information鈥� under 搂99.37. (搂99.31(a)(11))
• To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of 搂99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (搂99.31(a)(13)) 
• To the general public, the final results of a disciplinary proceeding, subject to the requirements of 搂99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school鈥檚 rules or policies with respect to the allegation made against him or her. (搂99.31(a)(14)) 
• To parents of a student regarding the student鈥檚 violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (搂99.31(a)(15))

Directory Information

The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires that OSU-OKC, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your child鈥檚 education records. However, OSU-OKC may disclose appropriately designated 鈥渄irectory information鈥� without written consent, unless you have advised the institution to the contrary in accordance with OSU-OKC procedures. The primary purpose of directory information is to allow OSU-OKC to include this type of information from your education records in certain situations. Examples include, but are not limited to:

 

• Student organization events;
• Honor roll or other recognition lists; and
• Graduation programs.

 

If you do not want OSU-OKC to disclose directory information from your education records without your prior written consent, you must notify the Office of the Registrar in writing by completing the Request to Withhold Directory Information form. OSU-OKC has designated the following information as directory information:

 

• Student鈥檚 name
• Student鈥檚 address & telephone number
• Institutional electronic mail address
• Student鈥檚 date/place of birth
• Major/certificate
• Honors and awards
• Dates of attendance
• Degrees earned, completion dates
• Participation in officially recognized organizations, activities or sports
• Enrollment status (full-time, part-time)
• Most recent previous attended educational institution

Any student who has submitted a request to withhold directory information will not have his/her name printed in the Commencement Program, honor roll lists, student organization lists, or any other institutional honors lists for public view.

 

Change of Address, Name or Student Data

Changes in address, name or other student demographic data should be reported immediately to the Office of the Registrar. Name changes necessitate the presentation of two forms of official ID:

 

1. Social Security Card or IRS letter assigning ITIN (choose one)
2. Government issued photo ID (choose one from below):
   • Driver鈥檚 license (or other state-issued photo ID)
   • Passport
   • Military ID

Parental Access to Records

OSU-OKC cannot release educational records to parents about their son or daughter without written consent of the student. We encourage students to communicate with their parents regarding grades, billing, class schedule, and other records. A student may consent for his or her information to be released to a parent, guardian or spouse. The student must complete the Student Consent for Release of Education Record Information form in person and must be free of duress or coercion. Upon receipt of this form, information will be released to the designated person(s) unless rescinded by the student in writing. Parents of a dependent student may challenge denial of access to educational records by producing the most current copy of the Internal Revenue Form 1040.

 

Additional Information

For more information about FERPA, visit the U.S. Department of Education website.

 

What is FERPA?

The Family Education Rights and Privacy Act (FERPA) is a federal law established in 1974 that gives students specific rights to access educational records and protects the privacy of these records. A student鈥檚 protection under FERPA begins when the student turns 18 or enrolls in a post-secondary institution. Under FERPA, an institution may not disclose or confirm information about a student鈥檚 education records without his or her written consent. Prior consent is not required when the information is shared with school officials who have a legitimate education interest in the student.

 

What is the definition of an 鈥榚ducational record鈥�?

An educational record is any record kept by the institution, or affiliate of the institution, which contains information about a student. Some examples of educational records include: grades, financial aid information, bursar records, enrollment records, transcripts, etc. Educational records do NOT include law enforcement records, personal notes kept by an employee or instructor, medical records (unless submitted as part of an academic issue or appeal). Students have the right to inspect his or her educational record by request. Requests must be made in writing and will be provided within 45 days.

 

Directory Information

FERPA allows institutions to release limited information about students defined as 鈥楧irectory Information鈥�. Directory information may be released without the written consent of the student, unless the student has filed a written request to withhold directory information.

 

OSU-OKC鈥檚 directory information includes the following:

 

• Student鈥檚 name
• Student's address & telephone number
• Institutional electronic mail address
• Student's date/place of birth
• Major/certificate
• Dates of attendance
• Degrees earned, completion dates
• Participation in officially recognized organizations, activities or sports
• Enrollment status (full-time, part-time)
• Most recent previous attended educational institution

Annual Notification to Students

Students are notified annually of their FERPA rights in the OSU-OKC Catalog. 

 

FERPA Waiver

OSU-OKC cannot release educational records to parents about their son or daughter without written consent of the student. We encourage students to communicate with their parents regarding grades, billing, class schedule, and other records.

A student may consent for his or her information to be released to a parent, guardian or spouse. The student must complete the Student Consent for Release of Education Record Information form in person in Student Services and must be free of duress or coercion. Upon receipt of this form, information will be released to the designated person(s) unless rescinded by the student in writing.

 

More Information

For more information about FERPA, visit the .

 

Appeals/Petitions

What is an Enrollment Petition?

An Enrollment Petition is a type of appeal process for students who have experienced an extraordinary circumstance that affects his or her ability to attend school. Examples of circumstances that warrant petitioning include an unexpected illness or hospital stay; death of a family member; receiving military PCS or deployment orders, etc. Students must explain the situation on the petition form and provide supporting documentation of the circumstances. Requesting a refund due to failure to drop or to attend class is not a valid reason to file an enrollment petition.

 

The Enrollment Appeals committee determines the outcome of appeal/petition requests. Please allow 30 days for appeals and petitions to be reviewed. You will receive a letter from the committee chair with the results of your appeal/petition.

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Tutorial for Faculty and Staff

The OSU-OKC FERPA Online Tutorial should take 10-15 minutes to complete. It contains 10 questions, including hypothetical scenarios that will allow you to test your understanding of FERPA and apply the information from the FERPA website. The tutorial is instructional in nature rather than strictly evaluative.

 

Before you begin the tutorial please carefully review all of the topics in the OSU-OKC FERPA Information Page.

 

You may enter the tutorial by using your O-Key e-mail address and password. If you do not have O-Key access, you may activate your account on the .

 

I have reviewed the information provided on the OSU-OKC FERPA Information Page and am ready to start the tutorial. The training is required to obtain Banner and Faculty Self Service access.

 

 

FERPA Frequently Asked Questions

• What is FERPA?

  FERPA is the Family Educational Rights and Privacy Act of 1974. The essence of FERPA is to give a student the right to inspect his or her education records and to protect the privacy of these records. The statute applies to any educational agency or institution that receives funding under any program administered by the Secretary of Education.

• What are education records?

  Education records are defined as records which contain information directly related to a student and are maintained by an educational institution or by a party acting for the institution. Examples are enrollment and grade records, applications for university scholarships, financial aid records, bursar records and information contained in the student information system.

   

  Education records do NOT include: sole possession documents (such as personal notes or 鈥渕emory joggers鈥� created and maintained by individual faculty/staff); law enforcement records; employment records where employment is not tied to student status; medical records; and records containing information about an individual that are created after he/she is no longer a student at that institution (i.e., alumni records).

• When do FERPA rights begin?

  A student鈥檚 FERPA rights begin with his or her registered attendance at OSU-OKC. Attendance need not be physical, such as in cases of correspondence and distance learning courses. Applicants who are denied admission or who are admitted but never attend are not covered under FERPA. There is no end point for FERPA rights鈥攁s long as the student is living.

• Student Rights Under FERPA

  Right to Inspect/Review

  A student has a right to inspect and review any education record to which he or she is permitted under this policy. Education records are maintained in a number of University offices. Requests to review records must be made in writing to the responsible official of each office which maintains the records who shall comply with the request within 45 days upon receipt.

   

  The University reserves the right to refuse to permit a student to inspect the following records:

  • Records that contain information on more than one student. A student may inspect only that information which relates to him/her.
  • Financial records of the student鈥檚 parents.
  • Confidential letters and statements of recommendation for which the student has waived his or her right of inspection and review.
  • Records connected with an application to attend the University or a component unit of the University if that application was denied.
  • Those records which are excluded from the FERPA definition of education records.

  Right to Challenge the Content of Education Records

  A student who wishes to challenge the content of the educational record may do so by submitting a written request to the official responsible for maintaining the record, with such request specifying the content being challenged, the grounds for the challenge, and the exact action being sought. If the official grants the request, the change(s) will be made. If the request is denied, the student will be informed and will be given the opportunity to add an explanation to the record and/or appeal the official鈥檚 decision. See  for details.

   

  Right to Have Some Control Over the Disclosure of Information from Education Records

  This includes the student鈥檚 right to prevent the disclosure of directory information.

   

  Right to File a Complaint

  Students have the right to file a complaint with the U.S. Department of Education if the student believes that the University has failed to comply with the requirements of FERPA. The complaint must be made within 180 days of when the infraction was discovered, and there must be sufficient evidence to prove the violation. The written complaint should be sent to: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202-5920.

• Access to Student Education Records

  FERPA protects the privacy of education records. School officials may not disclose personally identifiable information about students or permit inspection of their records without written permission from the student, unless such action is covered by certain exceptions permitted by FERPA.

• When can Records be Released Without Student Consent?

  Directory information may be released without the written consent of the student, unless the student has filed a Request to Withhold Directory Information. An institution may not disclose or confirm directory information without the student鈥檚 written consent if the student鈥檚 social security number or other non-directory information is used alone or combined with other data elements to identify the student.

   

  Prior consent is not required to disclose personally identifiable information:

  • To 鈥渟chool officials鈥� who have a 鈥渓egitimate educational interest鈥� in the student. 鈥淪chool official鈥� is defined as an individual currently serving as a member of the 51动漫网 Board of Regents or classified as faculty, administrative, or professional, and the staff such school officials supervise; the President and CEO of the Alumni Association and President and CEO of the 51动漫网 Foundation and the staff they supervise; the National Student Clearinghouse; and contractors, volunteers, and other non-employees performing institutional functions as school officials with legitimate educational interests. In general, a school official has a 鈥渓egitimate educational interest鈥� if the official needs to review an education record in order to fulfill his or her professional responsibility to the University. Records should be used only in the context of official educational business.
  • To another institution to which a student seeks or intends to enroll.
  • To federal, state, and local authorities involving an audit or evaluation of compliance with education programs.
  • In connection with financial aid (such as the administration or continuation of aid).
  • To individuals or organizations conducting studies for or on behalf of an educational institution.
  • To regional or professional accreditation organizations.
  • To parents of a dependent student, if the parent has provided to the Registrar鈥檚 Office evidence that they declare the student as a dependent on their most recent Federal Income Tax form (Form 1040).
  • In response to a lawfully issued court order or subpoena (normally handled by the Registrar, Bursar, other official record custodian and/or Legal Counsel)
  • In the event that the release of information is necessary to protect the health or safety of the student or other individuals.
  • If the disclosure is the result of a disciplinary hearing where the student is the perpetrator for a crime of violence or a non-forcible sex offense. Under this exception, information may be released to anyone, including the media. No information on the victim or witnesses may be released.
  • To parents of a student under the age of 21 who has committed a drug or alcohol related offense.
• OSU-OKC Directory Information

  The following items are considered 鈥渄irectory information鈥� at OSU-OKC. Directory information may be released without the written consent of the student, unless the student has filed a Request to Withhold Directory Information. An institution may not disclose or confirm directory information without the student鈥檚 written consent if the student鈥檚 social security number or other non-directory information is used alone or combined with other data elements to identify the student.

  • student's name
  • student鈥檚 address
  • institutional electronic mail address
  • telephone number
  • date of birth
  • major/certificate
  • dates of attendance at 51动漫网 鈥� Oklahoma City
  • degrees earned, completion dates
  • honors and awards 
  • enrollment status (full-time, part-time)
  • most recent educational institution previously attended
  • participation in officially recognized organizations, activities, or sports
• Restricting the release of directory information - the "Buckley Flag"
  Students may complete and submit to the Office of the Registrar a Request to Withhold Directory Information (Buckley Form). Students should consider all aspects of a directory information hold prior to filing such a request. This request will prevent 51动漫网 鈥� Oklahoma City from releasing any directory information, and any requests for such information from non-institutional persons or organizations will be refused (i.e., your name will not appear in the commencement program, we will not be able to confirm your degree to a prospective employer, your name will not be provided to honor societies that wish to invite you to join, etc.). Requests for non-disclosure that were made while a student was in attendance continue to be honored, even after the student leaves the University, unless the request is revoked by the student (or former student). To revoke a directory hold (or Buckley flag), students may complete and submit a Revocation of Request to Withhold Directory Information (Buckley Revocation Form). A student with a directory hold may request a one-time exception to allow OSU-OKC to publish his/her name in the Commencement Program. For more information contact okc.graduation@okstate.edu 
• Location of Education Records

  The Office of the Registrar is the official office of the University for maintaining and releasing information pertaining to students鈥� academic records. Additional academic records exist in other campus offices, Academic Advisement, and faculty offices. Billing information is maintained by the Business Services Office, and financial aid information is maintained by the Financial Aid and Scholarships Office.

• Parental Access to Student Education Records

  At the elementary and secondary school level, FERPA gives parents the right to access education records. When a student reaches 18 years of age or is attending an institution of post-secondary education, FERPA rights transfer from parent to student. Therefore, at the postsecondary level, parents have no inherent rights to inspect their son鈥檚 or daughter鈥檚 education records.

  Information regarding education records is best obtained by direct communication between the parent and the student. If desired, students may grant view-only record access to parents or other third parties using the Student Consent for Release of Education Record Information Form

• Requesting Student Record Information
  Students may request official transcripts from the Office of the Registrar. All requests for student record information from entities outside of OSU-OKC should be made through the OSU-OKC Marketing & Communications Office.
• Annual Notification to Students

  Students are notified annually of their FERPA rights in the OSU-OKC Catalog (Registrar section). 

 

More Information About FERPA

• Link to the 
•  by Scott Fern, OSU Board of Regents Legal Counsel (OSU faculty/staff O-Key login required)

Comments/Questions

General questions may be directed to the Office of the Registrar. Comments or suggestions about this website should be addressed to the Office of the Registrar, 405-945-3291 or okc.registrar@okstate.edu.

 

OSU-Stillwater maintains a FERPA frequently asked questions page should you have any unanswered questions.