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FERPA Notification of Rights
McKendree University Notification of Rights under FERPA for Postsecondary Institutions
The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. These rights are:
1. 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, or chair of the academic division [or 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.
2. The right to request the amendment of the student's education records that the student believes is 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.
3. 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 defined as a person employed by the University in an administrative, supervisory, academic, or support staff position (including law enforcement unit 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 Trustees; 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.
The University may disclose education records in certain other circumstances:
◊ to comply with a judicial order or a lawfully issued subpoena;
◊ to appropriate parties in a health or safety emergency;
◊ in connection with a student’s request for or receipt of financial aid, as necessary to determine the eligibility, amount, or conditions of the financial aid, or to enforce the terms and conditions of the aid;
◊ to certain officials of the U.S. Department of Education, the Comptroller General, to
state and local educational authorities, in connection with certain state or federally
supported education programs;
◊ to accrediting organizations to carry out their functions;
◊ to organizations conducting certain studies for or on behalf of the University;
◊ the results of an institutional disciplinary proceeding against the alleged of a crime of violence may be released to the alleged victim of that crime with respect to that crime.
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:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, S.W.
Washington, DC 20202-4605
5. The University may disclose Directory Information without a student’s prior written consent. The University designates the following as Directory Information:
Name Degrees and awards received
Address (local and home) Most recent educational
Telephone Number (local and home) institution attended
E-mail address Participation in activities and
Date and place of birth sports
Major field of study Weight and height of members
Dates of attendance of athletic teams
6. Students may restrict the release of Directory Information, except to school officials with legitimate educational interests and others as indicated in point #3 above. Requests of non-disclosure of Directory Information must be submitted annually within two weeks of the start of an academic term (fall, spring or summer) and will be valid for the remainder of the academic year (fall through summer). A non-disclosure form is available for your use from the Office of Academic Records. You may reach us by visiting the first floor of Old Main on the Lebanon Campus or by calling (618) 537-6818.
For purposes of compliance with FERPA, the University considers all students independent.
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