Student FERPA Rights

Family Educational Rights and Privacy Act (FERPA)

What is FERPA?

The Family Educational Rights and Privacy Act of 1974 (FERPA) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA gives eligible students certain rights with respect to their education record. (An “eligible student” under FERPA is a student who is 18 years of age or older or who is enrolled at a postsecondary institution.) Asbury Theological Seminary considers a student enrolled upon the first day of class.

These rights include:

1. The right to inspect and review the student’s education records within 45 days after the day the Seminary receives a request for access.
   To request access a student must submit a written request to the Office of the Registrar that identifies the record(s) the student wishes to inspect. The Registrar’s Office 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’s Office will advise the student of the correct official to whom the request should be addressed.

2. 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 the Seminary to amend a record should write the Office of the Registrar, clearly identify the part of the record the student wants changed, and specify why it should be changed.
   If the 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.

3. The right to provide written consent before the Seminary discloses personally identifiable information (PII) from the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
   Among other things, the Seminary may disclose education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is typically a person employed by the Seminary in an administrative, supervisory, academic, research, or support staff position (including security personnel and health staff); a person serving on the board of trustees; or someone 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 or 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 PII 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.
   Upon request, the school also discloses education records without consent to officials of another school in which a student seeks or intends to enroll.

4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the 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

Under FERPA, the Seminary may disclose appropriately designated “directory information” without written consent, unless the student has advised the Seminary to the contrary in accordance with Seminary procedures. The primary purpose of directory information is to allow the Seminary to include information from the student’s education records in certain school publications. Examples include:

• A playbill, showing the student’s role in a drama production;
• Honor roll or other recognition lists; and
• Graduation programs

What is Directory Information?

Directory information is information that is generally not considered harmful or an invasion of privacy if

Released. It can also be disclosed to outside organizations without an eligible student’s prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or graduation regalia.

Should a student desire that the seminary not disclose any or all of the foregoing information, the Registrar must be notified in writing within 10 days of the commencement of the term or semester the student is entering the seminary or within 10 days of the commencement of any fall semester.

The Seminary has designated the following information as directory information:

• Student’s name
• Address
• Telephone number
• Electronic mail address
• Photograph
• Major field of study
• Dates of attendance
• Grade level
• Degrees, honors, and awards received
• Previous Educational Institutions
• Denomination
• Full-Time/Part-Time Status

The FERPA release form can be found here.