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What types of records are protected by FERPA?
An education record is a record that is directly related to a student and is maintained by the University. These records include, but are not limited to, grades, transcripts, class lists, student course schedules, student financial information, and student discipline files. FERPA protections apply to all student education records in any media that are (1) maintained by NCCU and (2) personally identifiable to a student, except:
- Sole possession records;
- Law enforcement records;
- Employment records;
- Treatment records;
- Alumni records; and
- Peer grades.
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I am an NCCU student. How can I request a copy of my education record?
To inspect education records, a student must file a written request with the individual who has custody of the records that the student wishes to inspect.
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Is the University required to provide me with a copy of my education record?
Under FERPA, NCCU must provide an eligible student with an opportunity to inspect and review his or her education records within forty-five (45) days following its receipt of a request. NCCU is required to provide an eligible student with copies of education records, or make other arrangements, if a failure to do so would effectively prevent the student from obtaining access to the records (e.g., if the student does not live within commuting distance of the school and was unable to inspect and review the records on campus).
No access to non-education records. NCCU is not generally required by FERPA to provide an eligible student with access to academic calendars, course syllabi, or general notices such as announcements of specific events or extra-curricular activities. That type of information is not generally directly related to an individual student and, therefore, does not meet the definition of an education record. In addition, the school is not required to provide access to records that are not student education records as defined by FERPA (see FAQ #1 above).
Records not in existence. Under FERPA, NCCU is not required to provide information that is not maintained or to create education records in response to an eligible student's request. Accordingly, a school is not required to provide an eligible student with updates on his or her progress in a course (including grade reports) or in school unless such information already exists in the form of an education record.
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May the University charge a fee for copies of education records?
Yes; unless the imposition of a fee effectively prevents a parent or eligible student from exercising the right to inspect and review the student's education records, the University may charge a fee for a copy of an education record that is made for the parent or eligible student. The University may not charge a fee to search for or to retrieve student records.
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If I disagree with something that is included in my education record, can I request that a correction be made to my record? If so, how?
The Office of the Registrar has developed a process to assist NCCU students in changing their personal information, including name and gender marker, on official records maintained by the University. Visit the webpage for the Office of the Registrar to access Change of Personal Information forms and instructions.
If you find other information in your records to be inaccurate, misleading, or otherwise in violation of your privacy rights under FERPA, you may request an amendment to the record. While NCCU is not required to amend education records in accordance with an eligible student's request, NCCU is required to consider the request. Such request shall be in writing addressed to the Office of the Registrar and shall specify the amendment sought. The Registrar or his/her designee shall, within 30 days after receiving the student's request and after consulting with appropriate University officials, decide whether the record will be amended in accordance with the request and inform the student.
If NCCU decides not to amend a record in accordance with an eligible student's request, NCCU must inform the student of his or her right to a hearing on the matter. If, as a result of the hearing, NCCU still decides not to amend the record, the eligible student has the right to insert a statement in the record setting forth his or her views. That statement must remain with the contested part of the eligible student's record for as long as the record is maintained.
Students who believe that the adjudications of their challenges were unfair or not in keeping with FERPA may request in writing assistance from the Chancellor. Further, students who believe that their rights have been abridged may file complaints with the Family Policy Compliance Office, US Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202-5920, concerning the alleged failures of the university to comply with the law.
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Under what circumstances is NCCU allowed to release information from my education record without my permission?
The following categories of personally identifiable information about students have been designated as public or directory information by NCCU that may be disclosed for any purpose without consent:
- name;
- local and permanent address;
- email address;
- telephone number;
- date and place of birth;
- class, major/field of study;
- dates of attendance;
- enrollment status;
- degrees and awards (including scholarships) received;
- participation in officially recognized activities and sports;
- weight and height of members of athletic teams;
- and the most recent previous educational agency or institution attended.
Directory information does not include a student's grades, social security number, or student identification/Banner number.
FERPA also allows schools to disclose student records, without consent, to the following parties or under the following conditions (See 34 CFR § 99.31):
- School officials with legitimate educational interest;
- Other schools to which a student is transferring;
- Specified officials for audit or evaluation purposes;
- Appropriate parties in connection with financial aid to a student;
- Organizations conducting certain studies for or on behalf of the school;
- Accrediting organizations;
- To comply with a judicial order or lawfully issued subpoena;
- Appropriate officials in cases of health and safety emergencies; and
- State and local authorities, within a juvenile justice system, pursuant to specific State law.
While FERPA allows NCCU to release student records pursuant to these exceptions, it does not require NCCU to do so. Any disclosure of student records is made in the sole discretion of NCCU.
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What if I don't want my directory information to be made public?
Students who wish to not have their "directory information" made public without their prior consent may submit a written request to the Office of the Registrar as early as fifteen (15) calendar days before the semester begins. This hold will remain in effect until the Registrar's Office receives a written request to release the hold.
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I have a pending application at NCCU. Does FERPA apply to me?
FERPA applies when a student has officially registered and enrolled at NCCU. A student is not officially registered in any classes until all tuition and fees are paid for the semester. Enrollment may be dropped for the semester if all tuition and fees have not been paid by the payment deadline for the semester. Application records and materials are maintained as confidential and private under North Carolina state law.
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I am the parent of an NCCU student. Can I access my child's education records?
While the rights under FERPA transfer from the parents to the student when the student turns eighteen (18) years old or enrolls in a postsecondary institution at any age (an "eligible student"), FERPA provides ways in which an institution can share education records on the student with his or her parents.
- An eligible student may grant permission to his or her parents to access education records or speak with NCCU officials about the information contained in the student's education records.
- NCCU is permitted to disclose any and all information to parents, without the consent of the eligible student, if the student is a dependent for tax purposes under the IRS rules during the current tax year and the parent provides a copy of the most recent tax return to prove that the student is a dependent.
- NCCU is permitted to disclose information from an eligible student's education records to parents if a health or safety emergency involves their son or daughter.
- NCCU is permitted to inform the parents of students under the age of twenty-one (21) when the student has violated any law or policy concerning the use of possession of alcohol or a controlled substance.
- Information that is based on a school official's personal knowledge or observation that is not based on information contained in an education record may be shared without the eligible student's consent.
College parents may feel frustrated by FERPA because they feel that they need, and should have, complete access to all student information maintained by NCCU. As parents, it is important to remember that college students are working toward increased independence and responsibility. Allowing them to become accountable for their academic performance and education records is a part of that growing independence. Some students handle this responsibility wisely, and some may struggle with it. Perhaps one of the benefits of FERPA is that it provides an opportunity for parents to communicate with their college student about their expectations and the student's responsibilities. As with many aspects of the college experience, increased communication between parents and students will make the experience go more smoothly for everyone.
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Does a spouse of an eligible student have rights with respect to that student's education records?
No. Spouses of eligible students have no rights under FERPA. A student would have to provide written consent in order for a spouse to have access to their records.
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May I grant my parent, spouse or another third-party access to my education records?
Yes. A student may authorize NCCU to release records to a specific party by submitting a Student Consent for Access to Education Records form. Submission of this form from the student's email account shall serve as an electronic signature. Completed forms should be submitted to the Office of the Registrar via email at [email protected].
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Are all NCCU employees school officials with a "right to know" that entitles them to receive access to all student records?
No; a school official (which includes professors) may obtain a copy of a student's records without the consent of the student only when the school official has a legitimate educational interest (or a legal right to know).
"School official" means:
- an employee, agent, or officer of the university or the University of North Carolina's Office of the President or General Administration in an administrative, supervisory, academic or research, or support staff position and acting in his or her official capacity, including a student assisting another school official in performing his or her tasks;
- a person serving on university committees, boards, and/or councils, including a student serving on a disciplinary or grievance committee;
- another educational institution that requests records for a particular student who seeks or intends to enroll; and
- a person or company with whom the university has contracted (e.g., internship and clinical facilities, attorney, auditor, or collection agent), but limited to only the specific student information needed to fulfill the contract.
A University official has a legal right to know if a person defined as having a legitimate educational interest is:
- Performing a task that is specified in his/her position or related to student discipline.
- Providing a service or benefit related to a student's family or maintaining safety and security on campus.
An example of legitimate educational interest would be an advisor who needs to review a student's education record to determine what courses have been or need to be completed; this task is related to student advising. The advisor would not be authorized to view education records that are not relevant to the task at hand. Curiosity does not qualify as a legal right to know.
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Are all University officials required to obtain a student's consent written prior to making any disclosures from the student's education record?
Yes, FERPA requires that a consent for disclosure of education records be signed and dated, specify the records that may be disclosed, state the purpose of the disclosure, and identify the party or class of parties to whom the disclosure may be made. (See 34 CFR § 99.30.) As such, oral consent for disclosure of information from education records would not meet FERPA's consent requirements.
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What should I do if I receive a request from a student or the parent(s) of a dependent student for a copy of the student's education record?
FERPA requires that educational agencies and institutions comply with a request by a parent or eligible student for access to education records within a reasonable period of time, but not more than forty-five (45) days after receipt of a request. Some states have laws that may require that parents and eligible students be granted access in a shorter time period. (See 34 CFR § 99.10(b).) If you receive a request from a student seeking access to his or her education record, please contact the Office of Legal Affairs.
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I am a faculty member. May I pass around sign-in sheets during class?
Yes, you may circulate attendance rosters. However, the roster should not contain confidential information such as students' social security numbers, Banner ID numbers, and/or grades.
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I am a faculty member. May I post grades using Banner ID numbers?
No. Student grades or scores should not be displayed publicly in association with names or other personal identifiers. Scores may be posted using an agreed-upon code known only to you and the student. Under no circumstances should a list of scores be posted in any alphabetic or other known sequence by student name.