FERPA

Family Educational Rights and Privacy Act

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. §1232g; 34 CFR Part 99) is a federal law that protects the privacy of student education records. The law applies to all programs that receive funds under an applicable program of the U.S. Department of Education.

FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a program beyond the high school level. Students to whom the rights have transferred are "eligible students."

Rights of eligible students

Eligible students have the right to:

1. Inspect and review the student's education records.
2. Seek amendment to the student's education records that the student believes to be inaccurate, misleading, or otherwise in violation of the student's privacy rights.
3. Consent to disclosures of personally identifiable information contained in the student's education records.
4. File a complaint with the Department under §99.63 and §99.64 concerning failures by the educational agency or institution to comply with the requirements of the Act.

Inspect and review educational records

Eligible students have the right to request to inspect and review their educational records. To request a review, an eligible student must submit a written request to the Licensed School Director/Campus Director. Records will be available within 45 calendar days of the date of the request.

Institutions are not required to provide copies of records unless an extenuating circumstance makes it impossible for the eligible student to review their records onsite. Should copies be required, a fee will be charged to mail the documents.

Seek amendment to educational records

Eligible students have the right to request that CAHE amend educational records they believe to be inaccurate or misleading. The FERPA amendment procedure may be used to challenge facts that are inaccurately recorded, but it may not be used to challenge a grade, an opinion, or a substantive decision made by the Center. The process is as follows:

• The request must be submitted in writing to the Licensed School Director/Campus Director. A response will be provided in writing within ten (10) business days of receipt.
• If the student is not satisfied, they may request in writing that the Program Committee meet to review the request. The Committee will meet within ten (10) business days; the student will be notified of the meeting and may present relevant evidence, and will be notified of the decision within five (5) business days. The Program Committee's decision is final.
• If still not satisfied, the student has the right to provide a statement for the record setting forth their view about the contested information.

Personally identifiable information

Generally, programs must have written permission from the eligible student to release any information from a student's education record. However, under §99.31, an institution may disclose personally identifiable information without consent if the disclosure meets one or more of the following conditions:

• To other school officials, including teachers, who have legitimate educational interests.
• To officials of another school where the student seeks or intends to enroll, or is already enrolled, for purposes related to the student's enrollment or transfer.
• To authorized representatives of the Comptroller General of the United States, the Attorney General, the Secretary, or state and local educational authorities.
• In connection with financial aid the student has applied for or received, where necessary to determine eligibility, amount, or conditions, or to enforce the terms of the aid.
• To state and local officials to whom information may be reported pursuant to state statute.
• To organizations conducting studies on behalf of educational agencies to develop or administer predictive tests, administer student aid programs, or improve instruction.
• To accrediting organizations to carry out their accrediting functions.
• To parents of a dependent student.
• To comply with a judicial order or lawfully issued subpoena.
• In connection with a health or safety emergency.
• When the information has been designated as "directory information," provided the institution has given public notice.
• To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense.
• In connection with a disciplinary proceeding at an institution of postsecondary education.
• To a parent of a student under the age of 21 regarding the student's violation of any law or institutional policy governing the use or possession of alcohol or a controlled substance.

Directory information

An institution may disclose directory information if it has given public notice to eligible students of the types of information designated as directory information, the student's right to refuse such designation, and the period of time within which a student must notify the institution in writing that they do not want the information designated as directory information.

HIPAA and FERPA

If a health record is used to make a decision regarding a student's education program (for example, whether a student should receive extended time for testing or be exempted from an academic requirement), the health record may be construed to be an education record. In that case the normal FERPA provisions for safeguarding the record would apply. Center for Allied Health Education follows requirements for the privacy of health records (HIPAA).

FERPA and subpoenas

Upon receipt of a subpoena or other court order, the Center will make a reasonable effort to notify the student in advance of compliance, in order for the student to have the opportunity to seek protective action.

Health and safety exemption

A health and safety exception permits the disclosure of personally identifiable information from a student's record in case of an immediate threat to the health or safety of students or other individuals. CAHE only discloses such information to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health and safety of the student or individuals. The President & CEO, with the guidance of legal counsel, will decide if knowledge of the information is necessary.

Student permanent records

Student records are kept permanently and are stored electronically; all previous students' records are kept in an off-site storage facility. A student's permanent record is made up of electronic and hard-copy records and includes:

• Completed application packet
• Enrollment documentation (enrollment agreement; advanced standing request and transfer credit/hour request, if applicable)
• Orientation paperwork
• Attendance records
• Grade sheets
• Clinical competencies / proficiency evaluations
• Counseling, withdrawal, and leave-of-absence forms (if applicable)
• Financial statement
• Official program transcript
• Certificate of completion
• Placement information

To request review of your records, a written request must be filed with the Licensed School Director; records will be available within forty-five (45) business days. The following staff are allowed access to student records without the student's permission: President & CEO, Directors, Medical Directors/Advisors, Program Directors, Coordinators, Managers, and Administrative Assistants.

Students who wish to have the Center release their educational records (transcripts) to a third party must complete a Request for Documentation detailing the purpose of the disclosure and to whom it is to be made. A student who has not completed the program, regardless of cause, will receive a copy of their transcript upon written request; neither supplementary documentation nor external forms will be completed that seek to verify a student's academic performance or clinical proficiency.

Notification requirements & contact

Programs must notify eligible students annually of their rights under FERPA. The actual means of notification is left to the discretion of each institution. For additional information or technical assistance, you may call (202) 260-3887 (voice); TDD users may call the Federal Information Relay Service at 1-800-877-8339. You may also contact: