Policy Statement In Compliance With "The Family Rights & Privacy Act of 1974"

(Buckley Amendment) and the "Pennsylvania Right-To-Know Law of 1957"

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 SECTION 3 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 spots, 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 individual 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 Affairs 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 violation 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 a 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.