Student FERPA Rights
Annual FERPA Notification
The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their educational records. This document details those rights.
- The right to inspect and review the student’s education records within 45 days after the day Asbury Theological Seminary receives a request for access.
A student should submit to the Registrar a written request that identifies the record(s) the student wishes to inspect. The Registrar 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 Registrar’s Office, the Registrar shall advise the student of the correct official to whom the request should be addressed.
- The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.
A student who wishes to ask Asbury Theological Seminary to amend a record should write the school official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed.
If Asbury Theological Seminary decides not to amend the record as requested, the seminary 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 to disclosure of personally identifiable information from the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
An exception which permits disclosure of education records without a student’s prior written consent is disclosure to school officials with legitimate educational interests. A school official includes a person employed by Asbury Theological Seminary in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance committee. A school official also may include a volunteer or contractor outside of the seminary who performs an institutional service of function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of personally identifiable information from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another school official in performing his or her tasks. A school official typically 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 seminary.
FERPA also permits disclosure of personally identifiable information from students’ education records without the student’s written consent if the disclosure meets the following conditions:
- To officials of another school where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer
- To authorized representatives of the U. S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the university’s State-supported education programs. Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs.
- In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid.
- To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction.
- To accrediting organizations to carry out their accrediting functions.
- To comply with a judicial order or lawfully issued subpoena.
- To appropriate officials in connection with a health or safety emergency
- Information the school has designated as “directory information”
- To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of § 99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (§ 99.31(a)(13))
- To the general public, the final results of a disciplinary proceeding, subject to the requirements of § 99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school’s rules or policies with respect to the allegation made against him or her. (§ 99.31(a)(14))
- Asbury Theological Seminary may disclose Directory Information without a student’s prior written consent.
The seminary has designated the following personally identifiable information as Directory Information: Name, address, telephone number, date/place of birth, field of study, dates of attendance, previous educational institutions, degrees/awards received, participation in officially recognized activities, denomination, spouse’s name, home state, full or part-time status and other similar information. Students may restrict the release of Directory Information, except to school officials with legitimate educational interests and others as indicated in point #3 above. To restrict the release of Directory Information, a student must make the request in writing to Asbury Theological Seminary, Registrar’s Office, 204 N. Lexington Ave., Wilmore, KY 40390. Once filed, this request becomes a permanent part of the student’s record until the student instructs the Registrar’s Office, in writing, to have the request removed. Even if a student blocks directory information, those persons authorized by law to inspect education records without consent may still inspect it.
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by Asbury Theological Seminary 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
More information regarding FERPA is available at http://www2.ed.gov/policy/gen/guid/fpco/ferpa/students.html.