Family Educational Rights and Privacy Act (FERPA)

Right of Student Privacy

In accordance with Public Law 93-380, Education Amendments of 1964, offices in which student records are maintained are: Registrar, Student Life, Financial Aid, Health Services, Career Services, and Admissions.

Notification of Rights Under 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 registrar, dean, head of the academic department, or other appropriate official, written requests that identify the record(s) they wish to inspect. The University 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 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 is inaccurate or misleading. Students may ask the University to amend a record that they believe is inaccurate or misleading. They should write the University 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 University decides not to amend the record as requested by the student, the University 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.

One exception, which permits disclosure without consent, is 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, research, or support staff position (including law enforcement unit and health staff); a person or company with whom the University has contracted (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 responsibility.

Upon request, the University discloses education records without consent to officials of another school in which a student seeks or intends to enroll.

Other exceptions under which the University may disclose a student’s record without the student’s consent include the following: If a student is a dependent of his parents as defined by the Internal Revenue Code, the University may choose to disclose records of the student to the parent. If a student is under 21 years of age, the University may give the student’s parents information concerning the student’s violation of alcohol and drug rules. The University may give information about the results of a student’s disciplinary action to a student victim of a sexual offense.

4. The right to file a complaint with the U.S. Department of Education concerning alleged failures of the University to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:

Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-8520

Disclosure of Directory Information

The University has designated certain information contained in the education records of its students as directory information for purposes of this Act. The following information regarding a student is considered directory information: name, address, telephone number, campus e-mail address, date and place of birth, photograph, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, the most recent previous educational agency or institution attended by the student, enrollment status, and other similar information.

Directory information may be disclosed by the University for any purpose in its discretion, without the consent of the student. Students have the right, however, to refuse to permit the designation of any or all of the above information as directory information. In that case, the information will not be disclosed except with the student’s consent or as otherwise allowed by the Act.

Any student refusing to have any or all of the designated directory information disclosed must file written notification to this effect with the University at the Office of the Registrar on or before the 12th class day for the fall and spring semesters, or the fourth class day for summer terms. Forms for this purpose are available at Registrar’s Office on the second floor of the Packer Administration Building. In the event a refusal is not filed, the University assumes that a student does not object to the release of the directory information as designated.

The University will, when legally permitted, make a reasonable effort to notify the student of a court order or subpoena before the University will act to comply with those who request or order the production of confidential information.

Under FERPA, disclosure of information without a student’s consent is permitted in the following situations:

• to school officials who have a legitimate educational interest,
• to federal, state, and local authorities involving an audit or evaluation of compliance with educational programs,
• in connection with financial aid; including Veterans’ benefits,
• to organizations conducting studies for or on behalf of educational institutions,
• to accrediting organizations,
• to parents of an eligible student if the student is a dependent for IRS tax purposes,
• to comply with a judicial order or lawfully issued subpoena,
• in a health or safety emergency,
• information the university has designated as directory information,
• to an alleged victim the final results of disciplinary proceedings with respect to an alleged crime of violence or a non-forcible sex offense,
• to the general public, the final results of a disciplinary proceeding, subject to the requirements, 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,
• 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.

FERPA protects students who are currently enrolled or formerly enrolled regardless of their age or status with regard to parental dependency. Students who have applied but have not attended an institution and deceased students do not come under FERPA guidelines. Parents of students termed as “dependent” for income tax purposes may have access to the 10 student’s education records. A copy of the parent’s most recent Federal Income Tax return, where the parents declared the student as a dependent, must be submitted to the Office of Student Records to document “dependency.”

With certain exceptions, an education record is any record (1) from which a student can be personally identified and (2) maintained by the university. A student has the right of access to these records. Education records include records in any medium (handwritten, print, magnetic tape, film, diskette, etc.) that are in the possession of any school official. This includes transcripts or other records obtained from a school in which a student was previously enrolled.

Records that are not defined as “education records” include the following:

• sole possession records or private notes held by school officials that are not accessible or released to other personnel,
• law enforcement or campus security records that are solely for law enforcement purposes and maintained solely by the law enforcement unit,
• records relating to individuals who are employed by the institution (unless contingent upon attendance),
• records relating to treatment provided by a physician, psychiatrist, psychologist or other recognized professional or paraprofessional and disclosed only to individuals providing treatment,
• records of an institution that contain only information about an individual obtained after that person is no longer a student at that institution, i.e., alumni records.

To authorize the release of a transcript, students must request a transcript either through Howard Payne University’s authorized vendor, Parchment, or by submitting a signed written request with the Office of the Registrar. A Transcript Request Form is available in the Office of the Registrar or on the HPU website. Due to the signature requirement, transcript requests cannot be accepted by email; however, printed, signed and scanned request forms attached to an email are acceptable.

The same principles of confidentiality that apply to paper records also apply to electronic data.

For more information about FERPA, see the Student Privacy Policy Office Website at www.studentprivacy.ed.gov.

Contact the Office of the Registrar at:

Office: 325-649-8011
Fax: 325-649-8909

Howard Payne University
Office of the Registrar
1000 Fisk Street Brownwood, TX 76801