Annual FERPA Notification

The Family Educational Rights and Privacy Act (FERPA) - 20 U.S.C. § 1232g; 34 CFR Part 99 - affords students certain rights with respect to their educational records. An "eligible" student under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution and is in "attendance" at Kansas State University certain rights with respect to their education records. "Attendance", as defined by Kansas State University, begins no later than the first day of the term in which a student is enrolled. These rights include:

• 1. The Right to Inspect and Review Records
  Students may inspect their education records within 45 days of submitting a written request to the Office of the Registrar or other appropriate official. If the records are maintained elsewhere, the student will be directed accordingly.

• 2. The Right to Request Amendment of Records
  A student who wishes to ask the University to amend a record should write the Office of the Registrar for the record, clearly identify the part of the record the student wants to be 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.

• 3. The Right to Consent to Disclosures

  The University must obtain written consent before disclosing personally identifiable information (PII) from education records, except as permitted under FERPA. Disclosures without consent may include, but are not limited to:

  • School officials with a legitimate educational interest
    • 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); 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 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 agencies or schools in which the student seeks or intends to enroll, or is already enrolled,d when the disclosure is related to the student's enrollment or transfer.

  As of January 2012, FERPA regulations allow Federal and State Authorities to access records and PII without consent for program evaluation, research, and data system tracking, even if the University objects. These authorities must impose data security and usage restrictions on third parties receiving the data.

  • 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 Personally Identifiable Information (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 are authorized 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.

• 4. Directory Information

  FERPA allows Kansas State University to designate 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.
  
  K-State designates the following as directory information:

  • Name
  • Local/permanent addresses and phone numbers
  • Email address
  • Date/place of birth
  • Photograph or likeness
  • College, curriculum, classification, and enrollment status
  • Dates of attendance, degrees, and honors received
  • Most recent previous institution attended
  • Participation in activities and athletics; athlete height and weight

  The University may, in its considered discretion, release directory information where the release will aid the University in its mission; where a release is made to benefit students; or to University affiliates and partners. 
  
  K-State limits the external distribution of directory information and generally does not release electronic or hard copies outside the university. 
  

  
  Students may restrict disclosure by submitting a request: Non-Disclosure Form.

• 5. The Right to File a Complaint

  Students may file complaints regarding FERPA compliance with:

  Student Privacy Policy Office (SPPO)
  U.S. Department of Education
  400 Maryland Avenue SW
  Washington, DC 20202-5901
  Email:  ferpa@ed.gov