TECHSITE

ACCESS TO EDUCATION RECORDS

As an ESU student, you can inspect your education records within 45 days of making the request to the Office of the Registrar. Records may include redactions if the record includes another student's personally identifiable information.

AMENDING EDUCATION RECORDS

Under FERPA, ESU must consider a request from a student to amend inaccurate or misleading information in the student's education record or offer the student a hearing on the matter. If the result of a hearing is the school deciding not to amend the record, the student has the right to place a statement to be kept and disclosed as part of the education record.

DISCLOSING STUDENT RECORDS

FERPA states that a school must have a student's consent prior to the disclosure of education records. That consent must be signed and dated and state the purpose of the disclosure.

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In certain situations Emporia State may choose to release certain educational records without a student's consent, such as in the following scenarios:

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• Disclosure to school officials who have been determined to have a legitimate educational interest as set forth in the annual notification of rights to students
• The student is seeking or intending to enroll at another school
• The disclosure is to a state or local educational authority auditing or enforcing Federal or State supported education programs or enforcing Federal laws which relate to that program
• The disclosure is to a parent of a student who is a dependent for tax purposes
• The disclosure is in connection with determining eligibility, amounts, and terms for financial aid or enforcing the terms and conditions of financial aid
• The disclosure is pursuant to a lawfully issued court order or subpoena
• The information disclosed has been appropriately designated as directory information by the institution

SHARING DATA WITH STUDENT GROUPS

Student groups (ex. RSO's) do not have a legitimate educational interest under FERPA and may not be given access to protected information without the student's written consent.

SPECIAL CASE USES OF DATA

SUBPOENAS - Any subpoena requests for educational records should be sent to the Office of the General Counsel.

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CRISIS/EMERGENCY USE - In the case of a crisis or emergency situation, ESU may release information if it is determined that the information is necessary to protect the health or safety of the student or other individuals. Contact Police & Safety, Office of the Provost, Student Wellness or Dean of Students as appropriate to the given situation.

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LETTERS OF RECOMMENDATION - Written permission from the student is required if a letter of recommendation will include any specific part of the student record (ex. a grade, their GPA, etc.) or any performance assessment (ex. rank in class). Personal observations do not require a signed release from the student.

FERPA LIMITATIONS

While FERPA is generally comprehensive in laying out the expectations of institutions, there are some limitations.

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Schools are not required to create or maintain education records under FERPA. Similarly, FERPA does not require the school to provide calendars, notices or other information which is not directly related to the student's education record. There is not a requirement that an institution respond to questions about a student.

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FERPA does not require a school to consider requests for changing a grade or disciplinary action. Nor does it require the school to seek to change the opinions or reflections of a school official or other person reflected in an education record.

NOTIFICATION

A school must notify students annually that they may inspect and review records, seek amendment to education records, and consent to most disclosures of personally identifiable information from education records.

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This notification includes information for a student to file a complaint of an alleged violation with the Family Policy Compliance Office. Notification should also include a description of who is considered to be a school official and what is considered to be a legitimate educational interest. Information about who to contact to seek access or amendment of education records is also included in the notification.

COMPLAINTS OF ALLEGED VIOLATIONS

Complaints of alleged violations may be addressed to:
 

Family Policy Compliance Office

US Department of Education

400 Maryland Avenue, SW

Washington, DC 20202-5920

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Complaints must:

• Be timely submitted, not later than 180 days from the date you learned of the circumstances of the alleged violation
   
• Contain specific allegations of fact giving reasonable cause to believe that a violation has occurred, including:

• Relevant dates, such as the date of a request or a disclosure and the date the student learned of the alleged violation;

• Names and titles of those school officials and other third parties involved;

• A specific description of the education record around which the alleged violation occurred;

• A description of any contact with school officials regarding the matter, including dates and estimated times of telephone calls and/or copies of any correspondence exchanged between the student and the school regarding the matter;

• The name and address of the school, school district, and superintendent of the district;

• Any additional evidence that would be helpful in the consideration of the complaint.