REG - 10.04.1 Family Educational Rights And Privacy Act (FERPA) Regulation

1. Compliance with FERPA Rights

1.1  North Carolina Central University is required by federal law to notify students annually of their rights under the Family Educational Rights and Privacy Act of 1974 (FERPA).  FERPA provides that a student may inspect his or her education records. If the student finds the records to be inaccurate, misleading, or otherwise in violation of the student's privacy rights, the student may request an amendment to the record.  FERPA also provides that a student's personally identifiable information may not be released to someone else unless: (1) the student has given a proper consent for disclosure, or (2) provisions of FERPA or federal regulations issued pursuant to FERPA permit the information to be released without the student's consent.  

1.2  The following categories of personally identifiable information about students have been designated as public or directory information that may be disclosed for any purpose without student 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 Social Security Number or student identification number.

2.  Student Right to Inspect and Copy Their Records

2.1  Under FERPA, the student has the right to request that the disclosure of directory information be withheld. Currently, enrolled students may request that the University withhold disclosure of Directory Information by completing the appropriate form available in the Office of the Registrar. A request for non-disclosure will be honored by the University indefinitely unless the student submits to the University Registrar a written revocation of such request for non-disclosure.

2.2  The University may also release personally identifiable information from student education records without the student's consent to school officials who have a legitimate educational interest to access the records. "Education records" mean records that are maintained by NCCU in any media (e.g. paper, electronic, digital image, film, video, audio tape) which contain information directly related to a student and are personally identifiable to a student.  Education records do not include: 1) personal records of university employees that are in the sole possession of the maker, 2) records of the NCCU police department used for law enforcement purposes, 3) student medical and counseling records maintained and used only in connection with provision of medical treatment or counseling of the student and are made available only to the individuals providing the treatment, 4) employment records unrelated to the student's status as a student (these records are covered under the N.C. Personnel Records Act), or (5) records which contain information about a student after he or she is no longer in attendance at the university.

3. Privacy Of Records

"School official" means: 1) an employee, agent or officer of the university or the University of North Carolina's Office of the President or the System Office 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, 2) a person serving on university committees, boards, and/or councils, including a student serving on a disciplinary or grievance committee, 3) another educational institution that requests records for a particular student who seeks or intends to enroll, and 4) 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.

4. Procedure to Correct Records         

"Legitimate educational interest" means the function of a school official who is performing an authorized task or an activity that he or she is undertaking in the name of the university for which access to an educational record is necessary or appropriate to the operation of the university or to the proper performance of the educational mission of the university.  If a student believes that the information contained in his/her education records is inaccurate or misleading, or that it violates privacy or other rights, the student may request that the university amend the record.  Such request shall be in writing addressed to 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 the decision is to refuse to amend the record in accordance with the request, the registrar shall simultaneously advise the student that he/she may request a hearing to challenge the content of the education record to ensure that the information therein is not inaccurate, misleading, or otherwise in violation of the privacy or the rights of the student.

5.  Violations

Students who believe that the adjudication 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, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, D.C. 20202, concerning the alleged failures of the university to comply with the law.

6.  Annual Notice Of FERPA Rights

All questions concerning this FERPA Annual Notification may be directed to the attention of the Office of the Registrar.  For additional FERPA information, visit the United States Department of Education website at www.ed.gov.