About this Brochure

The purpose of the Family Educational Rights and Privacy Act (FERPA) is to define the rights of students and parents in regard to student educational records, and to regulate the use of these records by university personnel. This brochure describes what constitutes student educational records, and further defines the scope of access to these records by university personnel. Respecting confidential information is of paramount importance in the educational process. Therefore, in order for all of us to perform our work responsibly and lawfully, it is important to understand the parameters that govern the release of information in student educational records, and the restrictions placed upon us. I encourage you to contact Dr. Charles Woodard with any questions you may have about FERPA or the information contained in this brochure.

Sincerely,

Dr. F. Javier Cevallos

For additional FERPA information you may contact:

Dr. Charles J. Woodard Vice President for Student Services and Campus Life, FERPA Coordinator 319 Stratton Administration Bldg. (610) 683-4020 woodard@kutztown.edu

The Family Educational Rights and Privacy Act (FERPA) identifies students’ and families’ rights and responsibilities relating to a student’s educational record maintained by the institution. In compliance with FERPA, the University’s Policy on Confidentiality of student records is provided in Appendix A.

The maintenance of educational records are functions of University offices. Faculty and staff may also keep informal records related to the students’ educational development or experience, which may or may not be protected. (See Definition of Educational Record.)

Student and Parent Rights Relating To Educational Records

STUDENTS

• have a right to know about the location of information, that is a part of their educational record as well as its purpose and content.
• have access to their educational record and may question and challenge the contents held in their educational record. 
•  may permit or deny disclosure of information contained in their educational record, including directory information.

PARENTS

• have a right to expect that information about them contained in the student’s educational record will be treated confidentially.
• may gain access to information contained in the student’s record under certain conditions.( See Appendix A)

Definition of Educational Record

Students’ educational records are defined as records, files or documents as well as other materials which contain information related to a student and managed by the University. Not included in students’ educational records are professional notes intended for personal use, physicians’ notes or police service notations.

Directory Information

Certain student information contained in the educational record is considered public information. Public information may be shared by the University. A student may petition the University Registrar to prohibit the disclosure of any public directory information.

Public information includes name, address, telephone number, date of birth, name and address of parents, guardian or spouse, dates of enrollment or attendance, date of graduation, degree(s) received and where, and institutions attended. Public information also includes a student’s major, student activities and athletic team membership and height or weight information related to team membership.

Third Party Requests

Information contained in a student’s educational record may only be sent to third party requesters outside the University if a written and dated request is made by the student. ( See Records Chart Below)

Internal University Access

Information from a student’s educational record may only be shared among official University staff. Access is restricted to the portion necessary to perform required job responsibilities. University staff are those members of an institution who act in the student’s educational interest within the limitations of their need to know. The following are University Staff: University Faculty; Counselors; Placement Staff; Department Chairs, Advisors, Directors, Administrative Staff responsible for the student’s educational experience or supportive activity, members of official University organizations, Committees and Clerical Personnel who assist University officials and staff which have a legitimate educational interest (including research and public service).

General Faculty/Staff Do’s and Don’ts

• DO maintain only individual student records important to the fulfillment of teaching or advising responsibilities. Personal notes are not a part of the student’s educational record. Private notes are to be kept in sole possession of the maker and are not accessible to any other person.
• DO change information regarding grades and performance in an educational record only when the student provides valid substantive documentation that information is inaccurate. A faculty member’s substantive judgment about a student’s work, reflected in grades/evaluation is not within the student’s right to challenge.
• DO refer requests for information to the appropriate records custodian.
• DO NOT request information from the educational record without an expressed educational interest and authority to do so.
• DO NOT share student educational record information such as grades, grade point average, student billing information, financial aid information etc., with other university faculty or staff without an expressed and valid educational interest.

Example A student’s advisor should not share an advisee’s academic record with the student’s course instructor. This is because the course instructor has no expressed educational need to know, and to do so would be in violation of the Privacy Act regulations.

Example A member of the Registrar’s Office staff asks a Financial Aid Office staff member how much aid a student is eligible to receive. In this case, the Registrar’s Office staff member does not have a legitimate need to know in order to perform his/her function.

• DO NOT display student grades publicly in association with student’s name, social security number or other personally identifiable information.
• DO NOT display papers or lab information containing students’ names, grades, University billing information in accessible locations. Student may not have access to other students’ personal information.
• DO NOT provide by correspondence or phone, information from the student’s educational record with parents or others outside the University without written permission from the student.
• DO NOT maintain in the student’s educational record or make available any information from medical psychiatric or psychological reports. Do not include in the educational record, any law enforcement information, employment records intended solely for individual use.

The Family Rights & Privacy Act and the Pennsylvania Right-to-Know Law grant to all students the right to review and inspect their educational records. These educational records are those official files, documents, and related materials which contain information directly related to students and which are maintained by Kutztown University or officials acting for Kutztown University. AS INDICATED IN ARTICLE 3 IN CHAPTER 6 OF THE DOCUMENT ON STUDENT RIGHTS AND WELFARE PUBLISHED IN THE STUDENT HANDBOOK, THE KEY, these reports are available to students upon request. Students may inspect them in the presence of a University official within a reasonable time after a written request is submitted to the appropriate official. In no event shall this period exceed 45 days. The following records are not available to students:

1. Personal notes of counselors.

2. Police records.

3. Parent’s financial aid statements.

4. Records of a meeting between a dean and a student which are in “sole possession of the maker and not revealed to another individual.”

5. Data of federal, state and local offices involved in educational research.

Students are accorded the right, in the presence of a University official, to inspect official University records, files, and data which refer directly to them. Where the records contain information relative to third persons, students will be informed by University officials of only that information which pertains specifically to them.

Students are entitled to challenge or add to the factual basis of an entry contained in the records for the purpose of correcting misleading, inaccurate, or inappropriate data contained therein. With the exception of student teaching or internship evaluations, the substantive judgment of a faculty member about a student’s work expressed in grades and/or evaluations is not within the purview of this right to challenge. Challenges should be submitted to the appropriate University official in whose area the questioned material is appropriate. Corrections or deletions may be made by that official without a formal hearing. Appeals may be made through the normal administrative structure.

Kutztown University shall not release educational records or personal information to anyone without the expressed written consent of the student.

EXCEPT:

1. Current directory information which shall include student’s name, address, telephone number, date and place of birth, major field of study, participation in recognized activities and sports, height and weight of members of athletic teams, dates of attendance, degrees and awards conferred, and most recent previous educational institutions attended. (A STUDENT MAY REQUEST THAT NAME, ADDRESS, AND TELEPHONE NUMBER BE USED FOR INTERNAL PURPOSES ONLY AND NOT BE MADE PUBLICLY AVAILABLE. THIS IS TO BE ACCOMPLISHED BY FILING A WRITTEN REQUEST WITH THE OFFICE OF THE REGISTRAR DURING THE REGISTRATION PROCESS.)

2. School officials of the Kutztown University community who have a legitimate professional right-to-know.

3. Government officials using such information to audit, evaluate and enforce federal legal requirements and/or state statutes.

4. Federal, state, and local police officials who present a subpoena.

5. Persons, in any emergency, if the knowledge, in fact, is necessary to protect the health or safety of students or other persons.

Kutztown University is unable to approve a student request to release educational records when those records are sealed or when they did not originate at Kutztown University.

In this policy statement Kutztown University recognizes both the privacy rights of individuals and the need to control what information may be disclosed as well as the institution’s need for information relevant to the fulfillment of its educational missions and its purpose of facilitating the educational development of students.

In summary, this statement provides that student records are open, that students have access to them, that students can challenge them, that students can maintain confidentiality even over directory information upon prior written request, and can receive counsel from the Office of the Vice President for Student Services and Campus Life should questions arise with regard to this policy. Should questions remain unanswered appeals may be made to the University President.

A student who wishes to allege a failure by the University to comply with the Family Rights and Privacy Act may file a complaint in writing concerning any alleged violations of this Act to:

Family Rights and Privacy Act Office
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, DC 20202

Students are defined as individuals currently or previously matriculated in an academic offering of the University. Prospective students, including those accepted for admission but not yet enrolled, do not fall within the jurisdiction of this policy.

To Administrative Services Homepage