Family Educational Rights and Privacy Act (FERPA)

 

The Family Educational Rights and Privacy Act (FERPA) affords students certain rights, with respect to their education records. These rights are:

1. The right to inspect and review the student's education records within 45 days of the day the University receives a request for access. Students should submit to the Director of Academic and Enrollment Services, written requests that identify the record(s) they wish to inspect. The Director of Academic and Enrollment Services 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 University 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 are inaccurate, misleading, or otherwise in violation of the student's privacy rights under FERPA. A student who wishes to ask the University to amend a record should write the University 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 University decides not to amend the record as requested, the University 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 from the student's education records, except to the extent that FERPA authorizes disclosure without consent.The University 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 defined as a person employed by the University in an administrative, supervisory, academic, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the University has contracted as its agent to provide a service instead of using University employees or officials (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting 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.
   There are no restrictions on the release of "directory information", provided that students are advised in advance of the definition of "directory information" and are permitted to restrict the release or disclosure of such information.
   Directory information, also known as public information, includes a student’s name, local and permanent addresses, telephone listing, electronic mail address, photograph, date and place of birth, major field of study, dates of attendance, grade level, enrollment status (e.g., undergraduate or graduate; full-time or part-time), participation in officially recognized activities and sports, weight and height of members of athletic teams, degrees, honors and awards received, and the most recent educational agency or institution attended.
4. In order to restrict the release or disclosure of directory information, students should complete the Request to Prevent Disclosure of Directory Information form, available from the Office of Academic and Enrollment Services or visit the following URL to print the form. http://interact.hpcnet.org/sdsmtforms/directoryinformation_print.htm.
   After completing the form, it should be delivered to the Office of Academic and Enrollment Services.
5. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA.
   
   The name and address of the office that administers FERPA is:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Ave. S.W.
Washington, DC 20202-4605

Contact: SDSM&T Academic and Enrollment Services

http://sdmines.sdsmt.edu/ferpa

Last Modified: 01/11/2008