Family Education Rights and Privacy Act (FERPA)
The Family Educational Rights and Privacy Act ("FERPA") affords eligible students certain rights with respect to their education records. An "eligible student" under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution. These rights are as follows:
Right to Inspect and Review Records
The right to inspect and review the student's education records within 45 days of the day Fayetteville State University (FSU) receives a request for access. A student should submit the Request to Inspect and Review Education Records to the registrar, dean, head of the academic department, or other appropriate official. 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. The right to inspect and review does not include the right to receive copies of a student's educational records.
Right to Request Amendments of Records
The right to request amendments to the student's education records that the student believes are inaccurate or misleading or otherwise in violation of the student's privacy rights under FERPA. A student who wishes to ask FSU to amend a record must complete the Request to Amend or Remove Education Records form and submit to the registrar, dean, head of the academic department, or other appropriate official.. If FSU decides not to amend the record as requested, FSU will notify the student, in writing, of the decision and advise the student of the students' 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.
Right to Provide Written Consent
The right to provide written consent before FSU discloses personally identifiable information (PII) from the student's education records. However, there are exceptions to this right as noted below:
(1) FSU may permit disclosure, without consent to certain officials with legitimate educational interests. Such officials may include, but not be limited to individuals employed by FSU in an administrative, supervisory, academic, research, or support staff positions; members of FSU's Board of Trustees in connection with a student appeal; a person or company with whom FSU has contracted as its agent to provide a service instead of using FSU employees or officials; or a member of FSU's Judicial Board in connection with an academic dishonesty allegation/violation or non-academic misconduct allegation/violation. A legitimate educational interest means an interest that is essential to the general process of higher education, including teaching, research, public service, academic advising, general counseling, discipline, job placement, financial assistance, medical services, and academic assistance activities.
(2) FSU may permit disclosure, without consent, to a student's "directory information." Directory information consists of a student's name, local and permanent address, photograph, email address, telephone number, enrollment status, date and place of birth, major field of study, dates of attendance, honors, degrees and awards (including scholarships) received, participation in officially recognized activities, organizations and sports, weight and height of members of athletic teams, and the most recent previous educational agency or institution attended. A student has the right to request that the disclosure of directory information be withheld as long as the student is enrolled at FSU. If a student wishes to have the student's directory information withheld, during the student's enrollment, the student should submit a written request to the Registrar.
(3) FSU may also disclosure information from a student's educational records without the student's permission to certain federal or state authorities, to parents of dependent students, to comply with judicial order or lawfully issued subpoena and for other reasons outlined in FSU's policy on Student Educational Records.
Right to File a Complaint
The right to file a complaint with the U.S. Department of Education concerning alleged failures by FSU 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
The Family Educational Rights and Privacy Act of 1974 (FERPA), also known as the Buckley Amendment, guarantees certain rights to students and qualified parents regarding a student’s education records. Fayetteville State University adheres to those statutory rights and has implemented this policy in order to comply. Specifically, students are afforded the following rights with respect to their educational records:
- The right to inspect and review the student’s educational records;
- The right to consent to disclosure of the student’s education records to third parties, except to the extent that FERPA authorizes disclosure without consent;
- The right to request amendment of the student’s education records to ensure that they are not inaccurate or misleading;
- The right to be notified annually of the student’s privacy rights under FERPA and;
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by FSU to comply with the requirements of FERPA.
FSU will not release personally identifiable student information in education records or allow access to those records without prior consent of the students, except as provided by FERPA.
For more details, please visit Student Education Records (FERPA).
Unless a student requests in writing to the contrary, FSU is permitted to release directory information without consent. FSU recognizes the following as directory information: a student’s name, local and permanent address, email address, telephone number, enrollment status (undergraduate, graduate, full-time or part-time), date and place of birth, major field of study, dates of attendance, honors, degrees and awards (including scholarships) received, participation in officially recognized activities/organizations and sports, weight and height of members of athletic teams, and the most recent previous educational agency or institution attended.
Under FERPA, a student has the right to request that the disclosure of directory information be withheld as long as the student is enrolled at FSU. If a student wishes to have the student’s directory information withheld, the student should submit a written request to the Office of the Registrar by completing the Request for Non-Disclosure of Directory Information form. Directory information may be released without permission for students no longer enrolled at FSU unless that student, at his/her last opportunity as a student, requested otherwise.
A student or parent may not use the right to opt out of directory information disclosure to prevent FSU from disclosing or from requiring a student to disclose the student’s name, identifier, or institutional e-mail address in a class in which the student is enrolled.
A copy of complete FERPA policies and procedures may be obtained online.