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Family Educational Rights and Privacy Act (FERPA)

FERPA for Students

The Family Educational Rights and Privacy Act (FERPA) of 1974 is a federal law that protects the privacy of student education records. FERPA applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

FERPA | Protecting Student Privacy

Education record- records, files, documents, and other materials which contain information directly related to a student, maintained by an education institution.

FERPA allows the University to disclose education records or personally identifiable information from education records in the following circumstances:

 

 

 
  1. Inspect and Review: students have the right to inspect and review their education records within 45 days of the date the University receives an access request. Students should submit a written request to the University official that maintains the record that identifies the record they wish to inspect.
  2. Request an Amendment: students have the right to request the amendment of student education records that the student believes are inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA . This process cannot be used to challenge grades.
  3. Provide Written Consent: students have the right to provide written consent before the University discloses personally identifiable information from the student’s education records, except to the extent FERPA authorizes disclosure without consent.
  4. File a Complaint: students have the right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA.

Directory information at the University of the Virgin Islands is defined as:

  • student’s name
  • street address
  • email address
  • telephone number
  • date of birth
  • dates of attendance
  • degrees and awards received
  • major and minor field(s) of studies
  • class
  • participation in officially recognized activities and sports
  • most recent previous educational agency or institution attended by the student
  • weight and height, if student is a member of an intercollegiate athletic team

FERPA allows the University to release a student’s directory information to anyone unless the student informs the Office of the University Registrar that they do not want directory information released.

 

 

 

For more information on FERPA, please review the following resources:

The rights provided by FERPA include:

  1. The right to inspect and review your education records within 45 days after the day the University of Washington receives a request for access. You should submit to the registrar, dean, head of the academic department a written request that identifies the record(s) you wish to inspect. The school official will make arrangements for access and notify you 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 should advise you of the correct official to whom the request should be addressed.
  2. The right to request the amendment of your education records that you believe are inaccurate, misleading, or otherwise in violation of your privacy rights under FERPA. This process cannot be used to challenge grades. A student who wishes to ask the University to amend a record should write the school official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed. If the University decides not to amend the record as requested, you will be notified in writing of the decision and your right to request a hearing regarding the request for amendment.
  3. The right to provide written consent before the University discloses personally identifiable information (PII) from your education records, except to the extent that FERPA authorizes disclosure without consent. The University discloses education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. School officials include faculty, instructors, staff, student employees, volunteers, third party contractors, and any individual UVI has determined to have legitimate educational interests in accessing education records. An individual has a legitimate educational interest when they need access to the education record to perform their official duties; not to satisfy curiosity or other non-job-related interests. Upon request, the school also discloses education records without consent to officials of another school in which a student seeks or intends to enroll.
  4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:

UVI Annual FERPA Notice

Pre-Registration Required Review and Submission

The Family Educational Rights and Privacy Act (FERPA) of 1974, which is administered by the United States Department of Education, is a federal privacy law. In addition to identifying a significant set of guidelines for the custodianship of education records, the law requires institutions to provide students with an annual explanation of the law and their rights under FERPA.

At the University of the Virgin Islands, we require students to read and confirm that they have read the UVI FERPA Release Notice each semester when they initially register as part of pre-registration. A copy of that notice is below.

 

UVI Notification of Rights under FERPA for Postsecondary Institutions

The Family Educational Rights and Privacy Act (FERPA) affords eligible students certain rights with respect to their education records. (An “eligible student” under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution at any age.)

 

 

FERPA Training Videos