Educational institutions are required to annually notify enrolled students of their rights under the Federal Family Educational Rights and Privacy Act of 1974 (FERPA), as amended. This notice fulfills this obligation and serves as the annual FERPA notification to students at Elmwood Institute.

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 is designed to protect the privacy of students by limiting third party access to student educational records. FERPA afford students the following rights:

1. The right to review and inspect his/her/their own education records. 
An eligible student has the right to inspect and review the student's own education records within 45 days after the day Elmwood Institute (“the institution”) receives a request for access. A student should submit to the registrar, dean, head of the academic department, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. The institution 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 institution official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.

2. The right to request an amendment of the education record. 
An eligible student has the right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA. A student who wishes to ask the institution to amend a record should write to the institution 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 institution decides not to amend the record as requested, the institution will notify the student in writing of the decision and the student’s 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.

3. The right to provide written consent before personally identifiable information is disclosed, except when FERPA authorizes disclosure without consent.
An eligible student has the right to provide written consent before the institution discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent.

The institution discloses education records without a student’s prior written consent under the FERPA exception for disclosure to institution officials with legitimate educational interests. 

An “institution official” is a person employed by the institution in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance committee. An institution official also may include a volunteer or contractor outside of the institution who performs an institutional service of function for which the institution would otherwise use its own employees and who is under the direct control of the institution with respect to the use and maintenance of PII from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another institution official in performing his or her tasks. 

“Legitimate educational interests” include performing a task or engaging in an activity related to (i) one’s regular duties or professional responsibilities, (ii) a student’s education, (iii) the discipline of a student, (iv) a service to or benefit for a student, (v) measures to support student success, and (vi) the safety and security of the campus. 
 

4. The right to file a complaint. 
An eligible student has the right to file a complaint with the U.S. Department of Education concerning alleged failures by the institution to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:
 

Student Privacy Policy Office
U.S. Department of Education 
400 Maryland Avenue, SW 
Washington, DC 20202

Does FERPA permit disclosure of personally identifiable information (PII) without student consent?
FERPA permits the disclosure of PII from students’ education records, without consent of the student, if the disclosure meets certain conditions found in § 99.31 of the FERPA regulations. Except for disclosures to institution officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, § 99.32 of FERPA regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures. 
A postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student —

• To other institution officials, including teachers, within Elmwood Institute whom the institution has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the Institution has outsourced institutional services or functions, provided that the conditions listed in § 99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(3) are met. (§ 99.31(a)(1))

• To officials of another institution or University where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of § 99.34. (§ 99.31(a)(2))

• To authorized representatives of the U. S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the institution’s State-supported education programs. Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State- supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§ 99.31(a)(3) and 99.35)

• In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§ 99.31(a)(4))

• To organizations conducting studies for, or on behalf of, the institution in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§ 99.31(a)(6))

• To accrediting organizations to carry out their accrediting functions. (§ 99.31(a)(7))

• To parents of an eligible student if the student is a dependent for IRS tax purposes. (§ 99.31(a)(8))

• To comply with a judicial order or lawfully issued subpoena. (§ 99.31(a)(9))

• To appropriate officials in connection with a health or safety emergency, subject to § 99.36. (§ 99.31(a)(10))

• Information the institution has designated as “directory information” under § 99.37. (§ 99.31(a)(11))

• To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of § 99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (§ 99.31(a)(13))

• To the general public, the final results of a disciplinary proceeding, subject to the requirements of § 99.39, if the institution determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the institution's rules or policies with respect to the allegation made against him or her. (§ 99.31(a)(14))

• To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance if the institution determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a)(15))

Directory Information
FERPA also permits the disclosure of student’s directory information without their consent, and without violating FERPA if the student has not restricted their personal information. 

“Directory Information” at Elmwood Institute includes:

• Name of a student who is in attendance or who has been in attendance

• Program of enrollment

• Credit hour load (full-time, part time)

• Level of study

• Periods of enrollment

• Degree(s) awarded and date(s) of conferral

• Honors

• Classification (enrollment status)

• Major and minor fields

• Current address

• Telephone number(s)

 
Requests to Restrict Directory Information
While attending Elmwood Institute, students may request to restrict the release of their Directory Information except to institution officials with a legitimate educational interest, as outlined in item 3 above.  In order to restrict all information, a signed and dated request must be made in writing to the Registrar’s Office, registrar@elmwoodinstitute.org. Should the student graduate or otherwise leave the instituion, this restriction will remain in place until the student requests to remove it. 

Note:  Once a student’s record has been made confidential, no information can be shared about the individual without the student’s written consent. In such a case, problems may occur thereafter when potential employers or other parties make inquiries about the student.