The Family Educational Rights and Privacy Act (FERPA – 20 USC § 1232G; 34 CFR Part 99) is a federal law that protects the privacy of student education records. 该法律适用于所有接受美国教育部相关项目资金的学校.
FERPA 就子女的教育记录给予父母/法定监护人一定的权利. 当学生年满18岁或进入高等教育机构时，这些权利转移给学生. Students to whom the rights have transferred are “eligible students”. (Plymouth State University defines “attends a postsecondary institution” as the first day of classes of the student’s start term; applicants who do not become students have no FERPA rights).
Educational records are defined as records, files, 包含与学生直接相关信息的文件和其他材料. Educational records do not include personal files of faculty and staff, law enforcement records, or parent’s financial records. Nothing in FERPA prohibits a University official from sharing information that is based on that official’s personal knowledge or observation and that is not based on information contained in an educational record.
A “school official包括任何受雇于大学履行大学使命的人, such as, but not limited to, faculty, administrators, staff, counselors and health and safety personnel; people or companies contracted with the University such as, but not limited to, an attorney, auditor, consultant or collection agent; or a student serving on an official committee or assisting another school official in performing his/her official tasks.
A school official generally has a “legitimate educational interest” if that official needs to review an educational record in order to fulfill his or her professional responsibilities as described in his/her job description. This means that education records that are needed for the school official to perform their duties as assigned by the university will be released without direct student permission*.
根据1974年的《betway登录》作为学生记录的保管人, amended in 1998, the university assumes the trust and obligation to ensure the full protection of student records which includes maintaining the confidentiality of educational records. The university has developed policy guidelines for access to educational records with respect to the rights of eligible students and parents of dependent eligible students. Educational records maintained by the university are considered confidential, 目录信息和不需要征得同意的信息除外.
University personnel who have educational records in a personally identifiable form must comply with the administrative procedures outlined in this section.
为了确保学生有及时的学术建议，PSU协议允许多个顾问. 这意味着，学生可能不仅会得到正式分配给他们的教师或工作人员的建议, but also by other faculty in their program (major, minor, certificate), or staff from the Center for Student Success. PSU also offers varying levels of instruction for certain courses. As a result, students enrolling in these courses may find them to be combined, or stacked, for academic purposes such as skills-based instruction. Courses may include, but are not limited to, those related to instruments, performance, and band/ensembles.
宾夕法尼亚州立大学的教师可能会决定将课程结合起来，以便让学生在一个项目上进行合作, work on a similar topic or problem, meet with a visiting expert, or other academic purposes. These courses could be different sections of the same course, different levels of courses in the same subject area, or courses that are connected through a common theme. Students will be notified in the course syllabus if their course will be combined.
- For example, two sections of Tackling a Wicked Problem (IS 1115) may be combined, 本科和研究生水平的课程主题，如气候变化(MT 4440 & MT 5430) may be combined, or a course on Play & Learning in Early Childhood may meet periodically with a course on Creating Games.
*Concerning student-athletes: It has been determined, via the need-to-know element within FERPA, that the Athletic Events & 合规协调员可以接收所有涉及学生运动员行为的信息.
Directory Information is information concerning a student that may be disclosed at the discretion of Plymouth State University. If information is approved for release, it may be shared through verbal, printed, electronic or other form, without prior consent. The university includes the following as Directory Information:
- Student name
- Awards/honors (e.g. Latin Honors, President’s List, Dean’s List, Honors List)
- Dates of attendance and/or semesters attended
- Class standing (e.g. first year, senior, admitted to master’s program)
- Dates of degrees and certificates conferred
- Commencement Program Listings
- Enrollment status (full-time, part-time)
- Participation on athletic teams
- Physical factors (athletes only)
- Degree and major field of study (e.g. BS/BA, undergraduate major, graduate program)
- Names of previous institutions attended
- 过去和现在参加正式承认的课外活动(e.g. sports, music, drama)
- PSU mail box number
- PSU email address (internal use only)
- Birthdate (internal use only)
Exceptions to prior consent
The following list includes situations where information in a student’s educational record may be released to a third party without consent of the student.
- To university officials, including the university’s attorney/s, who have a legitimate educational interest.
- To institutions where a student seeks or intends to enroll.
- To USNH branches in compliance with trustee policies.
- To parents of dependent students. (需要适当的IRS表格，通常会通知学生申请.)
- In response to subpoenas/court orders.
- Notification of conduct outcome to victims of a crime of violence violation.
- 在家长的要求下，已故学生的记录可能会被公布或披露, personal representative or other qualified representative of the student’s estate, or pursuant to a court order to subpoena.
- Authorized representatives of the Comptroller General, the Secretary of Education, the administrative head of an educational agency, state education authorities, 或司法部长在调查政府赞助或附属项目时.
- Officials responsible for acting in conjunction with the student’s application for, or receipt of, financial aid.
- Authorized individuals or organizations conducting studies for or on behalf of the university for the purpose of developing, validating, or administering predictive tests; for administering student aid programs; and for improving instruction. These studies must be conducted in such a manner as will not permit the personal identification of students and their parents by persons other than representatives of the university or such organizations. 当信息不再用于收集信息的目的时，该信息将被销毁. 此类活动的授权将来自适当的大学管理者.
- If a parent or student initiates legal action against the university.
If educational records are released in situations where prior consent is not needed and a student may not be aware of the release, 一个合理的尝试将通知学生什么信息被发布和它被发布给谁.
Rights under FERPA
Right to inspect and review educational records,
Right to inspect and review educational records, excluding financial aid records of the student’s parents or guardian, 学生签字放弃访问权的保密推荐信, or letters of recommendation written prior to January 1, 1975.
The university does not maintain a central repository for student records. Inquiries for access to specific educational records should be made to the University office or agency responsible for a particular record. Assistance in determining the location of individual educational records may be obtained in the Office of the University Registrar.
- To gain access a student may be requested to provide proper identification.
- 如果学生不能亲自合理地审阅该记录，他/她可以要求一份特定记录的副本, excluding tapes of hearings, and may be charged the reproduction cost of copies. The request for a copy must be in writing and may only be granted if the release of the record will not violate FERPA rights of any other students. The university has 45 days to respond to this request.
Right to seek to amend records.
If a student contests certain information contained in a specific record he or she may seek to have the particular record amended. To do so, the student must request the amendment in writing, to the office that maintains the particular record. The request does not guarantee that the amendment will be granted.
- 收到请求的院系或大学官员可能同意也可能不同意修改选定的信息. If the request is denied, the student may follow the procedures developed for that particular department in order to continue to seek amendment of the record. If the request is still denied, the student may request an appeal through the Office of Academic Affairs.
- If the record is amended, an explanation of what was amended will be provided to the student and the amendment will be placed in the student’s record.
- If the record is not amended the student has the right to place a written statement with the record he or she is contesting, explaining what information is contested and why he or she is contesting it.
Right to have records released to a third party.
A student may give a university official or office permission, to release verbally or in writing, educational records to a third party. (Some copies of educational records may not be released to a third party. Such records are determined through the office maintaining the records.)
- To do so the student must provide, to the appropriate office, 一份要求发布或填写信息发布表格的书面声明. Individual offices may have a specific form for this request. The student must sign and date the request.
- The student must specify which records may be disclosed, the reason the records are to be disclosed, and to whom the records may be disclosed.
- If a student wishes to revoke a previous request for a release, he or she must do so in writing, to the original office the release was implemented.
There are general rights students have under FERPA that are entailed in this section such as having the choice to release information to certain third parties, requesting that directory information not be made public, etc.
- To do so, a student must contact the Office of the University Registrar by the tenth day of class in a semester (or between the first and fifth day of class in a summer session).
- The non-disclosure of directory information is an all or none option (either it all may be disclosed or none of it may be disclosed).
- This request will remain in effect until canceled by the student. During this time, 目录信息将被视为受保护的教育记录.
- Given the fluid nature of electronic information it is not possible to guarantee total non-disclosure but every reasonable effort will be taken to protect confidentiality.
Right to waive access to records.
学生可以签署一份放弃访问有关录取的保密建议的权利, application for employment, references, and/or application for an honor or honorary recognition.
- In such cases, the student, upon request, 提出保密建议的人员的姓名应当予以通知. These recommendations are used solely for the purpose for which they were intended.
- In the event a student chooses not to sign a waiver of access, such an act may not be considered as a condition for admission, receipt of financial aid, or any other service or benefit from the university.
Right to file a complaint.
A student has the right to file a complaint with the U.该大学被指控未能遵守FERPA的要求.
Family Policy Compliance Office
US Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-4605
As of January 3, 2012, the U.S. Department of Education’s FERPA regulations expand the circumstances under which your education records and personally identifiable information (PII) contained in such records — including your Social Security Number, grades, or other private information — may be accessed without your consent.
First, the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or state and local education authorities (“Federal and State Authorities”) may allow access to your records and PII without your consent to any third party designated by a Federal or State Authority to evaluate a federal‐ or state‐supported education program. 评估可能与“主要从事教育提供”的任何项目有关,” such as early childhood education and job training, as well as any program that is administered by an education agency or institution.
Second, Federal and State Authorities may allow access to your education records and PII without your consent to researchers performing certain types of studies, in certain cases even when we object to or do not request such research. Federal and State Authorities must obtain certain use‐restriction and data security promises from the entities that they authorize to receive your PII, but the Authorities need not maintain direct control over such entities.
In addition, in connection with Statewide Longitudinal Data Systems, State Authorities may collect, compile, permanently retain, and share without your consent PII from your education records, and they may track your participation in education and other programs by linking such PII to other personal information about you that they obtain from other Federal or State data sources, including workforce development, unemployment insurance, child welfare, juvenile justice, military service, and student records systems.