Contents:
Request to Amend Education Records
Additional Information for Faculty:
Click here for additional information, including a power point presentation, regarding FERPA.
The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. They are:
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.
The right to request the amendment of the student's education records that the student believes are 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.
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 a person employed by the University in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel 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 Governors; 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.
The right to obtain a copy of the written institutional policy adopted by this institution in compliance with FERPA, from the Office of Student Affairs, Carrington 200.
Missouri State publishes a notice of student rights under FERPA annually in the student newspaper, the Southwest Standard. The entire university "Policy Regarding Personally Identifiable Student Records" is available on the Missouri State website or upon request from the Office of Student Affairs. Additionally, information regarding FERPA is published in the class schedule and the undergraduate catalog.
Missouri State publishes a notice of student rights under FERPA annually in the student newspaper, the Southwest Standard. The entire university "Policy Regarding Personally Identifiable Student Records" is available on the Missouri State website or upon request from the Office of Student Affairs. Additionally, information regarding FERPA is published in the class schedule and the undergraduate catalog.
The personally identifiable educational records of each student and former student maintained by the University are open for inspection by the student except in limited cases where the privacy, confidentiality, or professional privilege of another person is involved, as authorized by law. Personally identifiable records maintained by the University are listed below. Students who wish to inspect and review their records should contact the responsible official at the location indicated.
|
Type of record |
location |
responsible official |
|
Academic |
Records and Registration Office Carrington 204 |
Registrar |
|
Admission |
Office of Admissions Carrington 204 |
Director of Admissions |
|
Cooperative Education, Career Counseling, Placement |
Career Services Carrington 309 |
Director, Career Services |
|
Financial Aid |
Financial Aid Office Carrington 101 |
Director, Financial Aid |
|
Advisement Center* |
Advisement Center University Hall 109 |
Director, Advisement Center
|
|
Counseling/Testing |
Counseling and Testing Center Carrington 311 |
Director, Counseling and Testing |
|
Teacher Education |
College of Education Hill 304 |
Dean, College of Education |
|
Disciplinary |
Dean of Students Office Plaster Student Union 405 |
Dean of Students |
|
Safety and Transportation |
Safety and Transportation 700 E. Elm |
Director, Safety and Transportation |
|
Residence |
Residence Life and Services Hammons House |
Director, Residence Life and Services |
|
Medical |
Taylor Health and Wellness Center Administrative Office |
Director, Taylor Health and Wellness Center |
*Advisement records are also maintained in the various Departmental and Faculty Advisor Offices.
Notwithstanding the above inclusive list, the University reserves the right to refuse to permit inspection of the following records: Financial records of parents (unless the parents have given written permission for the information to be released to their student/child); confidential letters and statements of recommendation placed in the education records of a student prior to January 1, 1975, if such letters and statements were solicited or provided with an assurance or understanding of confidentiality, and the letters and statements have been used only for the purpose for which they were intended; confidential letters and statements of recommendation placed in the education records of a student after January 1, 1975, respecting admission to an educational institution, application for employment, or receipt of an honor or honorary recognition, provided the student has waived his/her right to inspect and review those letters and statements of recommendation; records of instruction, supervisory, and administrative personnel, and agents which are in the possession of the maker and are not accessible or revealed to any other individual except the maker's temporary substitute; employment records used only in relation to an individual's employment by Missouri State which are maintained in the normal course of business, relating exclusively to the individual's capacity as an employee, and are not available for use for other purposes; records which relate to an individual as a person after he or she no longer attends or participates in an educational activity for which Missouri State awards a greater credit; records maintained by the Missouri State Taylor Health Center or Counseling Center used only for the provision of medical or psychiatric treatment which are created or maintained by a physician, psychiatrist, psychologist or other professional or para-professional acting or assisting in such capacity and not disclosed to anyone other than the individuals providing the treatment, providing that such records can be reviewed by appropriate professionals of the student's choice; and records created and maintained for law enforcement purposes by the law enforcement unit of the Office of Safety and Transportation.
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Records are not maintained in a central location on the campus. Requests to review records must be made separately to the responsible official of each office which maintains records. The responsible official shall comply with a request as soon as possible, but in no case more than 45 days after the request has been made. The request should identify as accurately as possible the specific records the student wishes to inspect and review. The University will respond to reasonable requests for explanations and interpretations of records. When a record contains personally identifiable information about more than one student, a student may inspect only that information which relates to him/her.
A student has the right to a copy of any educational record to which he/she is permitted access under this policy. The student is responsible for the cost of reproduction which shall be assessed as follows: 1. When requests are made for copies of Internal Revenue Service forms, the Financial Aid Office charges $2.00 for retrieval and reproduction of the first page. Additional pages of the same request are 10 cents each; 2. Elsewhere, the cost of reproduction shall be the usual rate charged by the administrative unit handling the request, but the charge shall not exceed 10 cents per page.
A student may waive the right to inspect personally identifiable records maintained by Missouri State, but the University may not require such a waiver as a condition of attendance.
A student who believes that information contained in his/her education is inaccurate, misleading or violates privacy or other rights may request that the records be amended. The responsible official shall then decide whether or not to amend the record. If the record is not amended, the student will be advised of his/her right to a hearing.
In most cases, the decision of the responsible official will be final. However, a student may elect to file an appeal in writing to the Vice President for Student Affairs in order to challenge the content of the educational record. (This right extends to reviewing grades only where the grade assigned by the professor is allegedly inaccurately entered into a record.) A disinterested hearing officer will be appointed who shall afford the student full opportunity to present evidence in support of the challenge. The hearing shall be held within a reasonable period of time, not to exceed thirty (30) days under normal circumstances, after the institution has received the request, and the student shall be given notice of the date, place and time reasonably in advance of the hearing. The student shall be afforded a full and fair opportunity to present evidence relevant to the issues, and may be assisted or represented by individuals of his or her choice at his or her own expense, including an attorney. The hearing officer shall render a decision within a reasonable time after the hearing, not to exceed thirty (30) days, and inform the student in writing of the outcome. The decision shall be based solely upon the evidence presented at the hearing and shall include a summary of the evidence and the reasons for the decision. If the hearing officer decides that the record is not inaccurate, misleading or otherwise in violation of the privacy or other rights of the student, the student shall then have the right to place in the education record a statement commenting upon the information in the education record and/or setting forth any reasons for disagreeing with the decision of the hearing official. Any such written explanation then becomes a part of the education record. If the education records of the student or the contested portion thereof is disclosed to any party, the explanation shall also be disclosed to that party.
Information contained in a student's records remains confidential between the student and Missouri State and will not be released to third parties without the written consent of the student, with the following exceptions:
For each request for disclosure of information contained in the student's education record or for access to the record made by persons other than University officials or the student or parent, to disclosures made pursuant to court orders and subpoenas pursuant to paragraph 2 above, to disclosures of directory information, or to those requests accompanied by the student's prior written consent, the University will maintain a record of such requests and disclosures, except for requests for directory information, which indicates: (1) the parties who have requested or obtained personally identifiable information from the education records of the student; and (2) the legitimate interests these parties had in requesting or obtaining the information. Students are permitted to inspect the record of disclosures. A record of request and disclosure will not be maintained if the student provides written consent prior to the disclosure.
The University will not release information containing any student's education records, except directory information, to any third parties except school officials, to lawfully issued court orders and subpoenas, to parents of students under paragraph 9 or 13, or pursuant to the Sunshine Law under paragraph 12, except on the condition that the party to whom the information is disclosed will not disclose personally identifiable information without the prior written consent of the student (or parent for elementary or secondary students). All such disclosures will inform the party to whom the disclosure is made of this requirement.
"Under the Family Educational Rights and Privacy Act (FERPA); the University is required to identify and make available upon request, to those needing such information, directory information which has been so identified. Other non-directory information is available to Missouri State faculty and staff who have a "need to know" this information to conduct business and provide service to students, unless that information is prohibited from release by either a Privacy Hold, or a FERPA Hold."
For distribution to the general public, Missouri State has defined the following as directory information: (1) Name, (2) Local Telephone Number, (3) Local Address, Including Campus E-mail Address, (4) Major Field of Study, (5) Academic Classification and Enrollment Status - Part-time or Full-time, (6) Participation in Recognized Activities and Sports, including photographs of athletes, (7) Dates of Attendance, (including matriculation and withdrawal dates), (8) Degrees, Certificates, and Awards Received, Including Scholastic Honors, Departmental Honors, Memberships in National Honor Societies, and Athletic Letters, (9) Inclusion of an Individual in a Group Photo. If issues of health and safety can be documented, campus community and law enforcement personnel may also be provided an individual photo. Further, the University releases lists of students who qualify for the Dean's list, as well as lists of graduates to newspapers which cover the permanent address of record.
With appropriate student approval, indications of religious preference along with name, address and local telephone number can be distributed to the Campus Ministries Association.
Directory information may be disclosed by the University for any purpose in its discretion, without the consent of a student. Students have the right, however, to refuse to permit the release of name, address and telephone number (Privacy Hold), or all of the directory information (FERPA Hold). In that case, this information will not be disclosed except with the consent of a student, or as otherwise allowed by FERPA.
Any student refusing to have directory information disclosed must file written notification to this effect requesting a Privacy Hold or FERPA Hold with the University during regular business hours. Forms for this purpose are available in the Office of the Vice President for Student Affairs, Carrington Hall, Room 200. The written notification does not apply retroactively to previous releases of directory information (e.g., once the Campus Directory has been published, the directory information contained therein will remain). To prevent publication of directory information in the Campus Directory, written notification must be filed no later than the second week of classes during the fall semester.
In the event a refusal is not filed, the University assumes that a student does not object to the release of the directory information designated.
Further information about education records and the process of obtaining access to records may be obtained in any of the offices listed in this document or from the Office of the Vice President for Student Affairs located in Carrington Hall, Room 200.
Revised by the Board of Governors: November 15, 2002