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What is FERPA?
FERPA Policy
   To whose record does the act apply?
   To what records does the act apply?
   Enforcement and penalties
   Annual notification required
   Statement of rights
   Right of the University to refuse access
   Refusal to provide copies
   Records not considered to be education records
   Fees for copies of records
   Disclosure of student academic records (without written consent of the student)
   Record of request for disclosure
   Directory information
Restricting Academic Records
Types of Educational Records
Training Video

 

What is FERPA?

The United States Congress passed the Family Educational Rights and Privacy Act (FERPA) in 1974 to afford certain rights to students concerning their educational records. The primary rights afforded to students who attend a postsecondary school such as Brigham Young University are the right to inspect and review their education records, the right to seek to have their records amended and the right to have some control over the disclosure of information from the records.

Brigham Young University may not disclose information contained in education records without the student's written consent except under certain limited conditions.

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FERPA Policy

To Whose Record does the Act apply?

FERPA applies to the education records of persons who are, or have been, in attendance at Brigham Young University, including students in continuing education programs sponsored by the university. FERPA does not apply to records of applicants who are denied admittance or, if accepted, do not attend Brigham Young University.

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To What Records Does the Act Apply?

The act applies to all education records maintained by Brigham Young University, and all parties acting for Brigham Young University, which are directly related to a student. Records containing a student's name, Identification number, or other personally identifiable information, in whatever medium, are covered by FERPA unless identified in one of the act's excluded categories.

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Enforcement and Penalties

The Dean of Student Academic and Advisement Services is responsible for university compliance with this policy. Responsibility for administering the act by the federal government has been assigned to the Family Policy Compliance Office within the United States Department of Education. This office reviews and investigates complaints and attempts to bring compliance through voluntary means.

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Annual Notification Required

Brigham Young University will provide an annual notification to currently enrolled students concerning their rights under FERPA.

The annual notice will contain the following information:

• The right of the student to inspect and review education records.
• The right of a student to petition Brigham Young University to amend or correct any part of the education record believed to be inaccurate, misleading, or in violation of the privacy rights of the student.
• The right of the student to control the disclosure of personally identifiable information contained in the student's educational records, except as otherwise authorized by law.
• The right of any person to file a complaint with the Family Policy and Regulations Office, US Department of Education, Washington DC, 20202, if Brigham Young University violates this law.
• The right of the student to obtain a copy of this policy.

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Statement of Rights

Brigham Young University encourages students to exercise all of their rights under FERPA and the University Access to Student Records Policy (a copy of the complete policy may be obtained on request from the Office of the Registrar). Since the student's education records will be repeatedly used by university officials and others to make important decisions affecting the student's academic program and future career, the student should make certain the record is complete and accurate. Accordingly, students should be aware of Brigham Young University's procedures to provide the students the right to:

• Inspect and review education records.
• Exercise control, with some limitations, over disclosure of information contained in their education records.
• Correct errors or omissions in their education records; have a hearing when they believe that their records are inaccurate, misleading, or in violation of their privacy rights.
• Obtain information concerning their FERPA rights.
• Report violations of FERPA to the Family Educational Rights and Privacy Act Office, US Department of Education, Washington DC 20202, if Brigham Young University violates the law.

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Right of the University to Refuse Access

Brigham Young University reserves the right to refuse to permit a student to inspect the following records:

• The financial statements and tax returns of the student's parents.
• Letters and statements of recommendation that the student has waived his or her right to access, or which were placed in the file before January 1, 1975.
• Records connected with an application to attend Brigham Young University or a component of the university if that application was denied.
• Those records which are not educational records as defined by FERPA.

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Refusal to Provide Copies

Brigham Young University reserves the right to deny access to students' education records in any of the following situations:

• The student is in default under any federal loan program.
• The student has an unpaid financial obligation to the university.
• There is an unresolved disciplinary action against the student.
• There is an unresolved litigation between the student and the university.
• The student has failed to comply with the decision of the arbitrator(s) under the Arbitration Rules of the BYU Center for Conflict Resolution.
• Other cases as determined by university policy on registration and academic holds or as determined appropriate by the university.

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Records Not Considered to be Education Records

• Records that are made by faculty, staff, administrative, or auxiliary personnel for personal use, which are unavailable to any other individual. These personal notes are to be referred to in departmental and administrative records policies as "sole possession" records.
• An employment related record that does not result from student status.
• University law enforcement records created and maintained by university police for law enforcement purpose.
• Parents' confidential financial statements, income tax records, and reports received by the university.
• Records maintained by Brigham Young University health or counseling services, available only to those individuals providing the diagnosis and treatment. (Patient access to medical or counseling records is provided on submission of written patient authorization according to university policy).
• Alumni records that do not relate to the person as a student.

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Fees for Copies of Records

The fees for copies at the Office of the Registrar will be $.50 per page unless otherwise specified. Brigham Young University will not charge for search and retrieval of the records; however, it may charge for copy costs and postage.

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Disclosure of Student Academic Records (without written consent of the student)

Brigham Young University will disclose student education records without the written consent of the student in the following limited circumstances:

• To school officials and to specified agents of the university who have a legitimate educational interest in the records.
• To officials of another school, upon request, in which the student seeks or intends to enroll.
• To certain officials in the US Department of Education, the Comptroller General, the Attorney General of the United States, and state and local educational authorities, in connection with certain state or federally supported education programs.
• In situations where a student has sued the university, or the university has taken legal action against a student, as necessary to proceed with legal action as a plaintiff or to defend itself.
• In connection with student's request for, or receipt of, financial aid as necessary to determine eligibility, amount, or conditions of the financial aid, or to enforce the terms or conditions of the aid.
• As required by state disclosure law, that was adopted before November 19, 1974.
• To organizations conducting certain studies for or on behalf of Brigham Young University. These studies may not permit the personal identification of any student by anyone other than the organizations' representatives. Additionally, all information provided must be destroyed by the requesting organizations when no longer needed for the study's purpose.
• To accrediting organizations to carry out their functions.
• To either parent of an eligible student if the student is claimed as a dependent for income tax purposes regardless of which parent claims the student as a dependent. Parents requesting information from a student's file shall be responsible to demonstrate that the student in question is a dependent pursuant to Section 152 of the Internal Revenue Code. In addition, BYU may disclose to parents of an eligible student information regarding violations of local, state or federal law or of the Honor Code regarding the use or possession of controlled substances for student violators under the age of 21.
• To comply with a judicial order or a lawfully issued subpoena in which case the order or subpoena, shall be directed to the Office of General Counsel for review prior to dissemination of the educational record. Brigham Young University will make a reasonable attempt to notify the student in advance of the disclosure when non-directory information is released in response to subpoenas or court orders.
• To appropriate parties in cases of a health or safety emergency.
• Directory information as designated by Brigham Young University.

BYU may (without the consent of the perpetrating student) disclose to the victim of a crime of violence or non-forcible sex-offense, the results of any disciplinary proceeding conducted by BYU against the alleged student perpetrator regardless of the outcome of the proceeding.

Upon request, the identity of registered sex offenders pursuant to the Campus Sex Crime Prevention Act Amendment to the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act who are employed, carry on a vocation, or who are students enrolled at BYU will be made available to the requesting party.

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Record of Request for Disclosure

Each custodian of education records at Brigham Young University will maintain a record of all non-Brigham Young University requests for, and disclosures of information from a student's applicable education records file. The record will indicate the name of the party making the request, any additional party to whom it may be redisclosed, and the legitimate interest the party has in requesting or obtaining the information. The record of the request for disclosure may be reviewed by an eligible student or qualifying parents.

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Directory Information

Brigham Young University designates the following items as directory information:

Name Address and telephone numbers Email address Month, day and place of birth Names of parents or spouse Major/minor fields of study Participation in officially recognized activities and sports Weight and height of members of athletic teams Current class schedule Pictures Dates of attendance (current and past) Numbers of months/semesters enrolled

Class standing (freshman, sophomore, etc.) Enrollment status (full-time, part-time, less than half-time) Degrees/awards received Previous educational institutions attended Dates of employment and job title for student employment positions Anticipated future enrollment Course registrations prior to the beginning of a semester or term Expected graduation date Deferred registration eligibility

Any student who does not wish to have designated directory information disclosed may file a written notification with the Registrar's Office on or before the tenth day of a semester, or the sixth day of a term. Forms for this purpose will be made available at that office on request.

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Restricting Academic Records

The University determines the personal information regarding its students that can be given to the public upon request according to the FERPA guidelines. Any Brigham Young University student can request to restrict the disclosure of this personally identifiable information by the following procedure:

1. Come to the Records Office in B-150 ASB with personal identification
2. Request a restriction be put on his or her academic records
3. Fill out and sign the written agreement provided

To remove the restriction on academic records, a student should bring proof of identification to the Records Office and request that the restriction be taken off of his records.

Any contact with our office or other departments on campus can only be done in person or in writing.

The above processes are completed through the University Registrar for the protection of the students and to be in compliance with FERPA.

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Types of Educational Records

Type	Location	Custodian
Admissions, Registration, Records, and Graduation Evaluation Services	B-150 ASB	Registrar
Student Life	3500 WSC	Dean of Student Life
Honor Code	4440 WSC	Director of Honor Code Office
Academic Support	2500 WSC	Director of Academic Support
Financial Aid	D-155 ASB	Director of Financial Aid
Housing	100 SASB	Director of Housing
Placement Center	2400 WSC	Director of Placement
Progress Reports, Graduate Admissions	Dean's Office or Student Advisement Center of each College or Department	Dean or Student Advisement Coordinator
Faculty Records	Faculty Office at each College or Department	Instructor
Law School	341 JRCB	Law School Records Custodian
Graduate Studies	B-356 ASB	Dean of Graduate Studies
Library	2060 HBLL	University Librarian
Occasional Records (student education records not included in the types listed above.)	The appropriate official will collect such records, direct the student to their location, or otherwise make them available for inspection and review.	University personnel who maintain such occasional system records.

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Training Video

The Registrar's Office has prepared a video to help train faculty, staff, and employees in regards to the Family Educational Rights and Privacy Act (FERPA). This video is a 15-20 minute training tool to assist faculty, staff, and employees in understanding the rights of students concerning their educational records and the restrictions that are involved in releasing this information. This video is meant to be a compliment to ongoing staff training regarding student information.

A copy of the video can be checked out from College Advisement Centers or Dean's offices. You may also obtain a copy of this video by contacting the Registrar's Office.

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