What is FERPA?

FERPA stands for the Family Educational Rights and Privacy Act of 1974.  It is a federal law governing the privacy and handling of educational records and giving specific rights to students.  You can find more information on the law at http://www.ed.gov/policy/gen/guid/fpco/ferpa/students.html.

Who is covered by FERPA?

FERPA covers students who are currently enrolled, or who were formerly enrolled, regardless of their age or status with regard to parental dependency.

FERPA does not cover students who applied to a school but did not attend, and deceased students.

What are “Educational Records”?

Educational records are records that are maintained by the Institute as part of the educational process in any form (i.e. handwriting, print, tapes, film, microfilm, microfiche or electronic data storage).  Educational records do not include alumni records, records made by the campus police, or records made for employment, medical or counseling purposes.  Private notes (kept in the sole possession of the maker, not made with a student or other person present, used only as a personal memory aid, and not accessible to anyone other than the creator of the record) held by school officials that are not accessible or released to other personnel, are also excluded.

Who might have access to student information?

• The student, and any third party with written permission from the student
• School officials (as defined by STI)
• Parents of a dependent student as defined by the Internal Revenue Service (a copy of the most recent year’s federal tax form showing that the parent claims the student as a depended must be provided before an educational record will be released)
• A person in response to a lawfully issued subpoena or court order, as long as STI makes a reasonable attempt to notify the student first

What kind of information can be disclosed to a third party?

FERPA uses the term “Directory Information” to refer to information which may be released without specific written permission from the student, except in certain cases specified by the regulations.  Most Directory Information is data that would not be considered harmful or an invasion of privacy if disclosed.

STI has determined the following items as Directory Information:

• Student’s name
• Address
• Phone Number
• E-mail address
• Major field of study
• Degrees and awards received
• Information which denotes accomplishments or achievements
• Individual and/or group photographs
• Dates of enrollment
• Number of credits in which enrolled (part-time/full-time status)

Currently enrolled students may request that directory information is not released by completing the Request for Non-Disclosure of Directory Information form and returning it to the Registrar’s Office. 

 What is considered “Non-Directory Information”?

Non-Directory Information is any educational record not explicitly classified as Directory Information. 

Examples of Non-Directory Information (this information will NOT be given to a third party without the written permission of the student):

• Student class schedule
• Religious affiliation
• Citizenship/nationality
• Disciplinary status
• Ethnicity
• Gender
• Grade point average (GPA)
• Marital Status
• Social Security number
• Grades and exam scores
• Test scores (SAT, ACT, Compass, HOBET, final exams, etc.)

This private information will not be released to anyone (including parents) without written consent from the student except under strictly defined conditions.

What are some conditions under which educational records may be released?

STI is under no obligation to release records at any time, unless required by law.  Records may, however, be released at the discretion of STI under the following circumstances:

• In the event of a health or safety emergency, student information may be released to the appropriate authorities as required to protect the safety of the students.
• Certain federal and state educational authorities may obtain educational records.
• Parents or guardians who can demonstrate by income tax returns that students are their dependents may be eligible to view records.
• STI may release student records in response to court orders or subpoenas.
• Military recruiters may request student information under the Solomon Amendment of 1996 which permits Department of Defense representatives to access school campuses and obtain student information for military recruiting purposes.

Students wanting to designated persons or agencies who can have access to non-directory information must complete the Request of Information form and return it to the Registrar’s Office. 

Who should I contact for more information?

You can contact the STI Registrar by stopping at Student Services in the Mickelson Center or by calling (605) 367-7124.

Student Notification of Rights under FERPA 

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 schools that receive funds under an applicable program of the U. S. Department of Education.  The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their educational records.  These rights are:

1.        The right to inspect and review the student’s education records within 45 days of the day the school receives a request for access.  Students should submit to the registrar, dean, or head of the academic department (or appropriate official) written requests that identify the record(s) they wish 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 amendment of the student’s education records that the student believes is inaccurate or misleading.  Students may as the school to amend a record that they believe is inaccurate or misleading.  They should write the school official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.  If the school decides not to amend the record as requested by the student, the school will notify the student of the decision and advise the student of his or her 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 consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.  Once exception, which permits disclosures without consent, is disclosure to school officials with legitimate educational interests.  A school official is defined as a person employed by the school in an administrative, supervisory, academic, or support staff position (including law enforcement unit and health staff); a person or company with whom the school has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; 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 and education record in order to fulfill his or her professional responsibility.

4.       The right to file a complaint with the U.S. Department of Education concerning alleged failures by the school 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 Avenue, S.W.

Washington, DC  20202-4605