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Family Educational Rights & Privacy Act of 1974

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Brief Description of the Family Educational Rights and Privacy Act of 1974

The Family Educational Rights and Privacy Act of 1974 grants to students certain rights, privileges, and protections relative to individually identifiable student education records which are maintained by the University. Specifically:

  1. Students' education records (with the exception of directory information) will be released to third parties outside the University only with the written consent of the student. The University reserves the right to release education records to appropriate parties in a health or safety emergency or when the student's well-being is of concern.
  2. Students have the right to inspect their own personally identifiable education records. The right may be exercised by completing a request form at the service desk of the University Visitors Center.
  3. Students have the right to challenge information contained in personally identifiable education records. The procedure is described in the Annual Notification of Rights printed below.


Directory Information

The Family Educational Rights and Privacy Act permits the release of directory-type information to third parties outside the institution without written consent of the student provided the student has been given the opportunity to withhold such disclosure

The University releases directory information without written consent of the student, upon inquiry by education-related third parties or third parties acting as agents of the University. Relevance to educational purposes is determined by the University. Directory information includes name, address, telephone number, college, class, major, dates of attendance, and degree, honors and awards conferred

Students may withhold directory information by contacting the Registrar's Office or by changing privacy settings through UDSIS. See directions.



Annual Notification of Rights under FERPA for Postsecondary Institutions (2014)

The Family Educational Rights and Privacy Act (FERPA) affords eligible students certain rights with respect to their education records. (An "eligible student" under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution.) These rights include:

  1. The right to inspect and review the student's education records within 45 days after the day the University of Delaware receives a request for access. A student should submit to the registrar, dean, head of the academic department, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. The school official 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 school official to whom the request was submitted, that official shall 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 school 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 the school decides not to amend the record as requested, the school 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 University discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent.

    The school discloses 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 a person employed by the University of Delaware 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 University of Delaware 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 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 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 University of Delaware.

  4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University of Delaware to comply with the requirements of FERPA. For more information, see www.gpo.gov/fdsys/pkg/FR-2011-12-02/pdf/2011-30683.pdf. 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
    		
  5. The Family Educational Rights and Privacy Act permits the release of directory-type information to third parties outside the institution without written consent of the student provided the student has been given the opportunity to withhold such disclosure.

    The University of Delaware releases, upon inquiry by third parties, outside the University, directory information without written consent of the student. Directory information includes name, address, telephone number, college, class, major, dates of attendance, and degree, honors and awards conferred. Students may withhold directory information by contacting the Registrar's Office or by changing privacy settings through UDSIS. See directions.


Disclosure of Personally Identifiable Information (PII)

FERPA permits the disclosure of PII from students' education records, without consent of the student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, §99.32 of FERPA regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures. A postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student -
 

    • To other school officials, including teachers, within the University of Delaware whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(2) are met. (§99.31(a)(1))

        A "school official" is a person who serves as a trustee or officer of the University of Delaware; a person employed by the University of Delaware on a full-time, part-time, or temporary basis to perform executive, administrative, supervisory, staff, academic, counseling, student-related, athletic, research, or other duties, or any clerical or support person who provides assistance to such persons; or a person employed under a contract with the University of Delaware to perform any such duties.

        The University of Delaware shall determine on a case-by-case basis whether a school official has a legitimate educational interest in the disclosure of personally identifiable information from an education record, based on application of the following considerations:
         

        • Whether the information to be disclosed is necessary for that official to perform an appropriate task that comes within or is consistent with the official's job duties or the duties spelled out in the official's contract;
        • Whether the information is to be used for official University of Delaware business and not for purposes extraneous to the official's job duties or the duties spelled out in the official's contract;
        • Whether the information is relevant to a task, determination, proceeding, or other matter relating to the student; and
        • Whether the information is to be used in a manner consistent with the purpose or purposes for which the education record is maintained.
    • 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, subject to the requirements of §99.34. (§99.31(a)(2))
       
    • 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. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§99.31(a)(3) and 99.35)
    • 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. (§99.31(a)(4))
    • 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. (§99.31(a)(6))
    • To accrediting organizations to carry out their accrediting functions. ((§99.31(a)(7)) ;
    • To parents of an eligible student if the student is a dependent for IRS tax purposes. (§99.31(a)(8))
    • To comply with a judicial order or lawfully issued subpoena. (§99.31(a)(9))
    • To appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(a)(10))
    • Information the school has designated as "directory information" under §99.37. (§99.31(a)(11))
    • 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))
    • To parents of a student regarding the student's violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a)(15))

Further questions?

Contact the Registrar's Office at registrar@udel.edu.