Family Educational Rights and Privacy Act (FERPA) is a Federal law administered by the Family Policy Compliance Office of the U.S. Department of Education: 20 U.S.C. § 1232g; 34 CFR Part 99.
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 at any age.) In compliance with FERPA, students at Keck Graduate Institute (KGI) are assigned the following four rights in regard to education records maintained by KGI:
- The right to inspect and review the student's education records within 45 days after the day Keck Graduate Institute receives a request for access. A written request that identifies the record(s) the student wishes to inspect is required. The school official will make arrangements for access and notify the student of the time and place where the records may be inspected. Education records are defined as records in any format that directly identify the student and are maintained by the various offices of KGI. Some records may be administered by additional privacy laws and regulations that supersede FERPA, and, therefore, may not be available under this policy. Requests for the inspection and review of education records must be submitted directly to the custodian of the record, following the policy and procedure of the office whose custody the record is kept. If in doubt or unsure of the custodian of the record, please contact the Office of the Registrar at Registrar@kgi.edu or (909) 607-0109.
- 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 Keck Graduate Institute to amend a record should write the school official responsible for the record, clearly identify the part of the record the student wants to be changed, and specify why it should be changed. In compliance with KGI's policy, individual offices have established procedures for challenging the content of education records. Under FERPA, grades are exempt from this provision. Students with concerns about individual grades should refer to the Academic Policy Manual and may contact the Program Director or Office of the Registrar.
If Keck Graduate Institute decides not to amend the record as requested, Keck Graduate Institute 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.
Students may request that KGI restrict the release of directory information by completing an Authorization to Withhold Directory Information form. Please contact the Office of the Registrar at Registrar@kgi.edu or (909) 607-0109 for further information. Such restrictions will remain in effect until cancelled in writing by the student. Students may declare themselves to be tax dependents of their parents and authorize KGI to release non-directory information to parents. Such authorizations will remain in effect until cancelled in writing by the student.
Keck Graduate Institute 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 typically includes a person employed by the Keck Graduate Institute 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 may also include a volunteer or contractor outside of the Keck Graduate Institute 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 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 Keck Graduate Institute.
Student Privacy Policy Office
U.S. Department of Education: 400 Maryland Avenue, SW Washington, DC 20202
See the list below of the disclosures that postsecondary institutions may make without consent.
FERPA permits the disclosure of PII from students' education records without the 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 from the student —
- To other school officials, including teachers within Keck Graduate Institute 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)(3) are met. (§ 99.31(a)(1))
- 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 dependent on the IRS for 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))
Directory Information further defined by FERPA and KGI
In compliance with FERPA, Keck Graduate Institute has designated the following items of information as directory information: name and student user name; local and permanent address; local, cellular, and permanent phone number; email address; date and place of birth; major field of study; dates of attendance; enrollment status; degrees and awards received; most recent previous institution attended; photographs; participation in officially recognized activities. Directory information is defined as information that would not generally be considered harmful or an invasion of privacy if released.
Unless restricted by the written request of a student, KGI may release directory information without the prior consent of a student. Directory information required for course or classroom participation in courses may not be withheld from faculty and students connected with the particular course. Information that is not directory information is non-directory information and, except where permitted by FERPA, requires the prior written consent of the student for release.
Keck Graduate Institute will notify all registered students annually of their FERPA rights at the beginning of the academic year through email and the publication of KGI Policies, which is available on the KGI website.
Sources for further information
For further information from the United States Department of Education, please visit its website: http://www.ed.gov/
Additionally, you can find detailed FERPA information at: http://www2.ed.gov/policy/gen/guid/fpco/ferpa/index.html