FERPA
Family Educational Rights and Privacy Act
FERPA is the Family Educational Rights and Privacy Act of 1974. The essence of FERPA is to give a student the right to inspect his or her education records and to protect the privacy of these records. The statute applies to any educational agency or institution that receives funding under any program administered by the Secretary of Education.
What are my rights under FERPA?
Right to Inspect/Review
A student has a right to inspect and review any education record to which he or she is permitted under this policy. Education records are maintained in a number of University offices. Requests to review records must be made in writing to the responsible official of each office which maintains the records who shall comply with the request within 45 days upon receipt.
The University reserves the right to refuse to permit a student to inspect the following records:
- Records that contain information on more than one student. A student may inspect only that information which relates to him/her.
- Financial records of the student’s parents.
- Confidential letters and statements of recommendation for which the student has waived his or her right of inspection and review.
- Records connected with an application to attend the University or a component unit of the University if that application was denied.
- Those records are excluded from the FERPA definition of education records.
Right to challenge the content of education records
A student who wishes to challenge the content of the educational record may do so by submitting a written request to the official responsible for maintaining the record, with such request specifying the content being challenged, the grounds for the challenge, and the exact action being sough. If the official grants the request, the change(s) will be made. If the request is denied, the student will be informed and will be given the opportunity to add an explanation to the record and/or appeal the official’s decision. See OSU Policy 2-0701 for details.
Right to have some control over the disclosure of information from education records
This includes the students’ right to prevent the disclosure of directory information.
What is considered directory information?
The following items are considered “directory information” at OPSU. Directory information may be released without the written consent of the student, unless the student has filed a Request to Withhold Directory Information. An institution may not disclose or confirm directory information without the student’s written consent if the student’s social security number or other non-directory information is used alone or combined with other data elements to identify the student.
- student’s name
- local and permanent addresses or hometown
- institutional electronic mail address
- telephone number
- year of birth
- major field of study
- dates of attendance at Oklahoma Panhandle State University
- degrees, honors, and awards granted or received, and dates granted or received
- academic classification such as freshman, sophomore, junior, senior, etc.
- most recent educational institution previously attended
- participation in officially recognized organizations, activities, sports, and weight and height of students participating in officially recognized sports
- parents’ names and addresses (city and state only)
How do I withhold the release of directory information?
Students may complete and submit to the Office of the Registrar a Request to Withhold Directory Information (Buckley Form). Students should consider all aspects of a directory information hold prior to filing such a request. This request will prevent Oklahoma Panhandle State University from releasing any directory information, and any requests for such information from non-institutional persons or organizations will be refused (i.e., your name will not appear in the commencement program, we will not be able to confirm your degree to a prospective employer, your name will not be provided to honor societies that wish to invite you to join, etc.). Requests for non-disclosure that were made while a student was in attendance continue to be honored, even after the students leaves the University, unless the request is revoked by the student (or former student). To revoke a directory hold (or Buckley flag), students may complete and submit a Revocation of Request to Withhold Directory Information (Buckley Revocation Form).
Right to file a complaint
Students have the right to file a complaint with the U.S. Department of Education if the student believes that the University has failed to comply with the requirements of FERPA. The complaint must be made within 180 days of when the infraction was discovered, and there must be sufficient evidence to prove the violation. The written complaint should be sent to: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202-5920.
When do FERPA rights begin?
A student’s FERPA rights begin with his or her registered attendance at OPSU. Attendance need not be physical, such as in cases of correspondence and distance learning courses. Applicants who are denied admission or who are admitted but never attend are not covered under FERPA. There is no end point for FERPA rights—as long as the student is living.
What are education records?
Education records are defined as records which contain information directly related to a student and are maintained by an educational institution or by a party acting for the institution. Examples are enrollment and grade records, applications for university scholarships, financial aid records, bursar records and information contained in the student information system.
Education records do NOT include: sole possession documents (such as personal notes or “memory joggers” created and maintained by individual faculty/staff); law enforcement records; employment records where employment is not tied to student status; medical records; and records containing information about an individual that are created after he/she is no longer a student at that institution (i.e., alumni records).
Who has access to my educational records?
Education records may be accessed by “school officials” who have a legitimate educational interest” in the student. “School official” is defined as an individual currently serving as a member of the Oklahoma Panhandle State University Board of Regents or classified as faculty, administrative, or professional, and the staff such school officials supervise; the President and CEO of the Alumni Association and President and CEO of the Oklahoma Panhandle State University Foundation and the staff they supervise; the National Student Clearinghouse; and contractors, volunteers, and other non-employees performing institutional functions as school officials with legitimate education interests. In general, a school official has a “legitimate educational interest” if the official needs to review an education record to fulfill his or her professional responsibility to the University. Records should be used only in the context of official educational business.
FERPA protects the privacy of educational records. School officials may not disclose personally identifiable information about students or permit inspection of their records without written permission from the student, unless such action is covered by certain exceptions permitted by FERPA.
Parental access to student education records
At the elementary and secondary school level, FERPA gives parents the right to access education records. When a student reaches 18 years of age or is attending an institution of post-secondary education, FERPA rights transfer from parent to student. Therefore, at the postsecondary level, parents have no inherent rights to inspect their son’s or daughter’s education records.
Information regarding education records is best obtained by direct communication between the parent and the student. If desired, students may grant view-only record access to parent or other third parties using the Proxy Access website for more information. Students may also setup a guest login to Bursar billing information at the web site.
Parents of dependent students may challenge denial of access to educational records by providing to the Registrar’s Office evidence that they declare the student as a dependent on their most recent Federal Income Tax form (Form 1040).
Does my spouse have access to my educational record?
The spouse has no rights under FERPA to access the student’s education record. If desired, students may grant view-only record access to spouses or other third parties using the Proxy tab in Self-Service. See the Proxy Access webpage for more Information.
Questions or Concerns
General questions may be directed to the Office of the registrar or any other office that serves as an official custodian of student records. Comments or suggestions about this website should be addressed to the Office of the Registrar, Swell-Loofburrow, Room 132, Goodwell, OK, 73939, phone: 580-349-1376, or email: opsu.registrar@opsu.edu.