The Family Educational Rights and Privacy Act of 1974, (FERPA) mandates that educational institutions maintain the confidentiality of student educational records as defined by FERPA. Specifically, FERPA states (a) that a written institutional policy must be established, and (b) that a statement of adopted procedures be made available, covering the privacy rights of students. The following policy outlines LMM School’s definitions, policies, and procedures related to access to educational records.
- “Educational Records” include records directly related to a student, which are maintained by LMM, such as admissions materials, transcripts/grades, student conduct records, financial records/billing statements, emails, and financial aid information. Educational records do not include: records of instructional, administrative, and educational personnel in the sole possession of the maker and are not accessible or revealed to any individual except a temporary substitute; law enforcement records of the Security Committee; mental health records of the School Counselor; employment records of full-time employees who are also students; alumni records which contain information about a person after they are no longer in attendance at the School and which do not relate to the person as a student. These records are not necessarily available to a student, but mental health records may be reviewed by health care provider(s) of the student’s choosing.
- No one outside the School community shall have access to, nor will the School disclose, any information from a student’s educational records without the written consent of the student, except to persons who are permitted access under the Act. These are: authorized representatives of federal or state agencies for audit, evaluation, enforcement or compliance with federal or state requirements; officials of other institutions in which students seek to enroll or where the student is already enrolled so long as the disclosure is for purposes related to the student’s enrollment or transfer; persons or organizations providing students financial aid; accrediting agencies carrying out their accreditation function; authorized researchers who provide for confidentiality of the records; parent(s) of students who have established that student’s status as a dependent according to federal tax laws; persons in compliance with a court order/subpoena or ex parte court order as determined relevant by law; necessary persons, including parents of an eligible student, in an emergency in order to protect the health or safety of students or other persons; and the alleged victims of incidents of violent behavior of the outcomes of student conduct proceedings with respect to those incidents.
Additionally, the U.S. Department of Education defines the following circumstances under which your education records and personally identifiable information (PII) contained in such records – including your Social Security Number, grades, or other private information – may be accessed without your consent. First, the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or state and local education authorities (“Federal and State Authorities”) may allow access to your records and PII without your consent to any third party designated by a Federal or State Authority to evaluate a federal – or state-supported education program. The evaluation may relate to any program that is “principally engaged in the provision of education,” such as early childhood education and job training, as well as any program that is administered by an education agency or institution. Second, Federal and State Authorities may allow access to your education records and PII without your consent to researchers performing certain types of studies, in certain cases even when we object to or do not request such research. Federal and State Authorities must obtain certain use-restriction and data security promises from the entities that they authorize to receive your PII, but the Authorities need not maintain direct control over such entities. In addition, in connection with Statewide Longitudinal Data Systems, State Authorities may collect, compile, permanently retain, and share without your consent PII from your education records, and they may track your participation in education and other programs by linking such PII to other personal information about you that they obtain from other Federal or State data sources, including workforce development, unemployment insurance, child welfare, juvenile justice, military service, and migrant student records systems.
FERPA allows the release of any information from a student’s educational record without the written consent of the student to the parent(s) of a student who have established the student’s status as a dependent according to federal tax laws. Information concerning a student who is a dependent, within the meaning of Section 152 of the Internal Revenue Code of 1954, may be released to that student’s parent(s). The Internal Revenue Code defines a dependent student as one who has attended an educational institution full time for any five calendar months of a tax year and who was provided more than one-half of their support as claimed by the parent(s) on their income tax statement. A student may change their status regarding dependency by submitting the proper form and necessary supporting documents to the Financial Services Office. For purposes of this policy, the assumption will be that a student is not a dependent within the meaning of the Internal Revenue Code, unless individually certified to the contrary under the criteria above. Regardless of dependency, a student may submit a release form authorizing the School to share information with their parent(s). The submission of such a release is encouraged and can be done by contacting the Office of the Registrar.
- Within the LMM community, only School officials, individually or collectively, acting in the student’s legitimate educational interest are allowed access to student educational records. School officials are persons: employed by the School in academic, administrative, or support staff positions; serving on institutional governing bodies; or contracted by the School to perform certain tasks. A School official has a legitimate educational interest if the information requested is necessary for that official in performing a task that is specified in their position description or contract agreement or is performing a task related to the student’s education.
- At its discretion, the School may provide directory information to the public, without prior approval, to include: student name, local and permanent address, photographs, telephone number, email address, date of birth, enrollment status, major field of study, date of attendance (including graduation date), degrees and awards received, participation in officially recognized activities and sports, and weight and height of members of athletic teams. Directory information includes a student ID number, user ID, or other unique personal identifier used by the student but only if that information cannot be used directly to gain access to educational records. (ID numbers are NOT included in any documents such as The LMM Student Handbook or student directory.)
- A student may withhold directory information from public disclosure by notifying the Office of the Registrar in writing. Directory information can be withheld at any time of year and once a student requests non-disclosure this will be in effect until the student gives written notice to change their non-disclosure status. A parent or eligible student may not opt out of directory information disclosures to prevent the institution from disclosing or requiring a student to disclose the student’s name, student ID number, or institutional e-mail address in a class in which the student is enrolled. Directory information will be withheld even after graduation until LMM School is notified otherwise. At the beginning of each academic year, students who have not already requested a hold on directory information and who want to withhold directory information from the LMM student government telephone directory must do so by the end of the add period for Fall classes.
Inspection and Review of Educational Records
- A student has the right to inspect and review (within forty-five days of request) information contained in their educational records (as defined above); to challenge the contents of their educational records and to have a hearing, if the outcome of the challenge is unsatisfactory; and to submit explanatory statements for inclusion in their records if they feel the outcome of the hearing is unacceptable.
- The Registrar or designee coordinates the inspection and review procedures for student educational records. Such records are maintained at several locations on the campus; these locations are listed at the end of this policy. A student who wishes to review their educational records must make written requests to the offices maintaining the records. If a student is uncertain as to the location of a particular record, the written request should be addressed to the Registrar listing the item(s) of interest.
- A student may not inspect or review the following: financial information submitted by their parents; confidential letters and recommendations associated with admissions, employment, job placement, or honors to which they have waived their rights of inspection and review; or educational records containing personally identifiable information about other students. The institution is not required to permit a student to inspect or review confidential letters and recommendations placed in their file prior to January 1, 1975, providing those letters were collected under established policies of confidentiality and were used only for the purposes for which they were collected.
Amendment of Educational Records
- If a student believes that the information contained in their educational records is inaccurate or misleading, or that it violates privacy or other rights, the student may request that the School amend the record. Such request shall be in writing addressed to the Registrar, and shall specify the amendment sought.
- The Registrar or designee shall, within 30 days after receiving the student’s request, and after consulting with appropriate School officials, decide whether the record will be amended in accordance with the request and inform the student in writing. If the decision is to amend the record in accordance with the request, the Registrar or designee shall correct the records within ten days. If the decision is to refuse to amend the record in accordance with the request, the Registrar or designee shall simultaneously advise the student that they may request a hearing to challenge the content of the educational records by contacting the Registrar in writing.
- If a request for a hearing is received, the Registrar or designee shall request that the President appoint a panel of three School faculty members or administrators to conduct the hearing. Persons appointed shall be individuals who have no direct interest in the outcome of the hearing. The President shall designate a chairperson for the panel and shall provide the panel such assistance as deemed appropriate.
- The chairperson of the hearing panel shall notify the student and the Registrar or designee of the date, time and place of the hearing at least five days before the hearing.
- The student shall be afforded a full and fair opportunity to present evidence relevant to the issue whether the information in the student’s educational record is inaccurate, misleading, or otherwise in violation of the student’s privacy or other rights. The Registrar or designee shall be afforded a like opportunity. The panel shall make its decision solely on the basis of the evidence presented at the hearing.
- The chairperson of the hearing panel shall, within five days after the hearing, inform the student of the panel’s decision in writing including a summary of the evidence and the reasons for the decision. If the decision is to amend the record in accordance with the request, the Registrar or designee shall correct the records within ten days. If the decision is to refuse to amend the record in accordance with the request, the chairperson shall simultaneously advise the student that they have the right to place in the educational record a statement commenting on the records and setting forth the reasons for disagreeing with the School. Such statement shall thereafter be maintained as part of the educational record and thereafter disclosed to any party to whom the contested record is disclosed.
- If the student believes that their challenge and/or hearing was handled incorrectly or was not in keeping with the requirements of the Act, they may direct a written appeal to the President. Furthermore, students who believe that their rights have been abridged may file complaints with the Family Policy Compliance Office, U.S. Department of Education, 600 Independence Avenue, SE, Washington, DC 20202-4605.
For further information, students may consult the Office of the Registrar.