Notification of Students’ Rights Under FERPA for Kansas State University for the 2012-2013 Academic Year
The Family Educational Rights and Privacy Act (FERPA) affords students in ‘attendance’ at Kansas State University certain rights with respect to their education records. ‘Attendance’, as defined by Kansas State University, begins on the first day of the term in which a student is enrolled. These rights include:
- The right to inspect and review the student’s education records within 45 days of the day the University receives a request for access.
- A student should submit to the registrar, dean, head of the academic department, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. The University 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 University official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed. (http://www.k-state.edu/registrar/a_r/#confidential)
- The right to request the amendment of the student’s education records that the student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
- A student who wishes to ask the University to amend a record should write the University 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 University decides not to amend the record as requested, the University will notify the student in writing of the decision and the student’s 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.
- The right to provide written consent before the University discloses personally identifiable information from the student's education records, except to the extent that FERPA authorizes disclosure without consent.
- The University may disclose education records without a student’s prior written consent under several FERPA exceptions including:
- disclosure to school officials with legitimate educational interests
- A school official is a person employed by the University 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 University has contracted as its agent to provide a service instead of using University employees or officials (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; 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 responsibilities for the University.
- the student’s application for financial aid
- submitting proof of dependency
- response to a judicial order or subpoena
- a bona fide health or safety emergency
- information requested by other schools in which the student seeks or intends to enroll
- As of January, 2012, The U.S. Dept. of Education’s FERPA regulations expand the circumstances under which your education records and personally identifiable information (PII) contained in such records—including your SSN, grades, or other private information – may be accessed without your consent.
- First, the U.S. Comptroller General, The U.S. Attorney General, the U.S. Secretary of Education, or state and local education authorities (“Federal and State Authorities”) may allow access to your records and PII without your consent to any third party designated by a Federal or State Authority to evaluate a federal or state-supported education program. The evaluation may relate to any program that is “principally engaged in the provision of education,” such as early childhood education and job training, as well as any program that is administered by an education agency or institution.
- Second, Federal and State Authorities may allow access to your education records and PII without your consent to researchers performing certain types of studies, in certain cases even when we object or do not request such research. Federal and State Authorities must obtain certain use-restriction and data security promises from the entities that the authorize to receive your PII, but the Authorities need not maintain direct control over such entities.
- In addition, in connection with Statewide Longitudinal Data Systems, State Authorities may collect, compile, permanently retain, and share without your consent PII from your education records, and they may track your participation in education and other programs by linking such PII to other personal information about you that they obtain from other Federal or State data sources, including workforce development, unemployment insurance, child welfare, juvenile justice, military service, and migrant student records systems.
- The Family Educational Rights and Privacy Act (FERPA) of 1974, as amended, designates certain information related to a student as “Directory Information.” FERPA gives the University the right to disclose such information to anyone inquiring without having to ask a student for permission, unless the student specifically requests in writing that all such information not be made public without written consent (http://www.k-state.edu/registrar/ferpa/nondisclosure.pdf), except by the National Student Clearinghouse to loan guarantors.
- Kansas State University has designated the following as “Student Directory Information:”
- Local address and telephone number
- Permanent address
- E-mail address
- Date and place of birth
- Photograph or likness
- Enrollment status (full/part-time)
- Dates of attendance at K-State
- Awards and academic honors
- Degrees and dates awarded
- Most recent previous educational institution attended
- Participation in officially recognized activities and athletic teams
- Height and weight of student athletes
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University 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 20202-5901