FERPA (Family Educational Rights and
Privacy Act), also known as the Buckley Amendment, gives specific
rights to a post-secondary student:
1. to see the education records that the institution
is keeping on the student
2. to seek amendment of those records
3. to have some control over the disclosure
of information from his/her records
4. to file a complaint with the FERPA Office
in Washington, DC, for failure of the college to comply with the law
THE LAW
Directory Information can
NEVER include:
| 1. Social Security Number |
2. student identification number
|
| 3. race |
4. nationality |
| 5. ethnicity |
6. gender |
| 7. GPA |
8. religion |
Faculty & Staff Responsibilities: As a
faculty or staff member, you have a legal obligation under FERPA to
protect the confidentiality of student education records in your possession:
| 1. Your may have access
to student informatin only for legitimate use in the completion
of your duties as a Citadel employee. Need-to-know is the basic
principle to follow. |
2. Student education
records (other than directory information, unless the student
has asked for directory information to be confidential) are
considered confidential and may not be released without the
student's written consent |
| 3. Student information
stored in electronic format must be secure and available only
to those entitled to access that information. |
4. Your may not release
lists or files with student information to any third party. |
DO:
| 1. Inform students regarding
their tests, exams, or papers by asking students to either provide
a stamped, self-addressed envelope or by placing papers in individual
sealed envelopes with students' names and leaving the envelopes
with the department secretary. |
2. Contact the Office
of the General Counsel if you have any questions or concerns
about how to handle a situation regarding student education
records. |
DO NOT:
| 1. Publicly post grades
in any way. Instead, post grades to PANCHO, which makes grades
available to students immediately |
2. Leave graded tests, papers,
or other student materials for students to pick up in a stack
that allows students or the public access to the papers of other
students. |
| 3. Access a student's
records for any reason unless it is necessary to perform your
job duties. |
4. Record attendance
by sending around class rosters which contain student's Social
Security or student identification numbers. |
| 5. Use the telephone
or send e-mail to students to inform them of their grades, unless
you have received their uncoerced, signed, dated, written consent
to do so. The telephone and e-mails are not secure means of
communicating grades. |
6. Discuss the progress
of any student with anyone other than the student without the
signed, dated, written consent of the student. |
Frequently Asked Questions:
Which Citadel officials may
have access to education records: Certain school officials are designated
each year as having access to education records, without a student's
consent, including members of the Board of Visitors, the Faculty,
and personnel in the Offices of the President, the Provost, the Vice
President for Finance and business Affairs, and the Commandant of
Cadets. Also, certain students who assist the above individuals have
limited access to education records, including academic officers,
certain members of the cadet chain of command,a and Honor Committee
members. Access of all college officials, however, is limited by the
extent of their educational interest in those records.
What must a student's consent contain?
A student's consent to disclosure of education records must:
| 1. list the precise records
to be disclosed |
2. state the purpose
of the disclosure |
| 3. identify the person(s)
to whom the disclosure may be made |
4. be signed and dated
by the student |
What do I do if someone contacts me about an
emergency: If someone needs to contact a student in the case of an
emergency, DO NOT give the student's class schedule to the
caller. Take down the caller's contact information and contact public
Safety. The Public Safety Office will locate the student and provide
him/her with the information.
Can student directory information always
be released? NO!!! Before releasing any information about
a student, check with the Registrar's Office to see whether the student
has requested that the directory information be with held. If the
student has made such a request, no information can be released. If
the student has not requested that information be withheld, directory
information may be released. Note that FERPA does not require
that directory information be released.
Do parents and spouses have any rights under
FERPA? FERPA provides that parents of students who qualify as
dependents, as defined in internal Revenue Service (IRS) standards,
may receive certain information from their student's records. At The
Citadel, parents of dependent students may receive academic information,
unless the student has executed a form, available through and maintained
by the Registrar, restricting that information. Prior to accessing
records, the parent must verify the student's dependent status. A
spouse is not allowed access to a student's records unless the student
in question has granted written permission.
Are there any exceptions to FERPA? There
are certain limited exceptions to FERPA? There are certain limited
exceptions to FERPA that allow the college to disclose student education
records without a student's consent. These exceptions include disclosure
to certain state and federal officials, and release in compliance
with a court order or subpoena. Recipients of education records, pursuant
to any exceptions, usually may not disclose the information to anyone
else. The General Counsel is responsible for evaluating requests pursuant
to these exception.
What must I do if I receive a subpoena concerning
student education records? Immediately forward the subpoena to
the Office of the General Counsel. The Office of the General Counsel
will respond to the subpoena on behalf of the college.
For more information, contact:
