FERPA

The Family Educational Rights and Privacy Act of 1974 as amended (FERPA, aka The Buckley Amendment) is a federal law that governs the privacy, access and disclosure of student educational records.

Students Rights

Once a student enrolls in college and begins taking classes (at any age), he or she can determine what types of information parents and other caregivers can access.

• Students have the right to inspect and review their education records.
• Students have the right to exert some control over the disclosure of information from their education records.
• Students have the right to seek the amendment of any of their education records that they believe are inaccurate.
• Students have the right to file a complaint with the U.S. Department of Education’s Family Policy Compliance Office.

Qualifying Student

You are a qualifying student if you are currently attending UVA Wise, or have attended UVA Wise in the past. Applicants to the College or prospective students are not guaranteed rights under FERPA. 

Educational Record

An educational record is any record in any medium which is maintained by UVA Wise or an agent acting on behalf of UVA Wise, and which is directly related to a student and contains personally identifiable information. Some types of information are not considered educational records: 

• Campus law enforcement unit records
• Employment records, except where employment is tied to their status as a student
• UVA Wise student medical records
• UVA Wise alumni records
• UVA Wise Threat Assessment records  

Accessing Records

• Submission of a signed request to the Registrar’s Office specifying which records need to be reviewed.
• The Registrar’s Office will arrange for access to the file and will notify you when and where the inspection may take place. Access will be granted as soon as possible, but no later than 45 days after the request was received in the Registrar’s Office.
• You are entitled to an explanation of any of the information contained in your file. 

UVA Wise is not required release: 

• Your parent/guardian’s financial information.
• Confidential letters/recommendations for which you have signed a waiver of rights to inspect and review.
• Education records that contain information about other students.
• Any other record which is not legally considered an education record under FERPA guidelines.

Releasing Information

You may authorize us to release information from your UVA Wise education records by submitting a written and dated request to the Registrar’s Office. Specify which UVA Wise records are to be released, to whom the release is to be made, and the purpose of the disclosure. You will be responsible for paying the copying costs.

You have control over the release of directory information from your file. To prevent this information from being released to third parties, you must notify the Registrar’s Office within the first two weeks of a semester. This request will remain in effect unless changed by the student.

Directory Information

Directory information is personal information that does not harm or cause an invasion of privacy if released. UVA Wise does not have a public directory but has designated the following as directory information and may release it to reasonable third party inquiries:

• Name, photograph, date and place of birth.
• Major, dates of enrollment, degrees conferred and dates of conferral, any graduation distinction.
• Previous institutions attended
• Student ID (not SSN in whole or part)
• Participation in official sports or activities; height and weight of athletes.

Approval for Access

FERPA grants UVA Wise the right to disclose information from your education records without your approval to the following: 

• School officials with a legitimate educational interest. This includes employees of the College as well as third party agencies or individuals with a legitimate educational interest.
• Federal or state agencies, or organizations performing audits or official studies.
• Financial Aid Officers.
• Accrediting Agencies.
• Officials of other institutions in which you seek to enroll – any transfer school.
• Parents or legal guardians, if you are listed as their dependent according to the IRS tax code.
• Appropriate authorities in an emergency situation. 

• Parties to legal actions through subpoenas and/or court orders. 

  School officials with a legitimate educational interest may share or disclose information to one another and that information may be communicated by verbal, written or electronic means. This includes institutions for transferring students. 

Parental Access

You may give your parent or guardian permission to access your records or grades by providing a signed and dated request to the Registrar’s Office. Your parent or guardian may request access to your record without your written permission if he or she claims you as a dependent according to the Internal Revenue Service code. In this case, your parent or guardian must: 

• Submit a request form, which is available from the Registrar’s Office.
• Provide either a copy of the last available year’s IRS Federal Tax Return, showing that you were claimed as a dependent, or other appropriate legal document.

Correcting/Challenging Information

You have the right to seek to amend any of your UVA Wise education records that you believe to be inaccurate, misleading, or that violates your right to privacy or any other of your rights. 

• Contact the Registrar’s Office first. You may need to complete a form specifying which information you believe needs to be amended, and why.
• If the Registrar’s Office cannot informally resolve the problem, you may request a formal hearing with the Academic Dean or Provost in Office of Academic Affairs.
• If the result of the formal hearing is to deny the request to change the information, you will be given the opportunity to attach a statement of explanation or disagreement, which will remain with that record.

Filing a Complaint

UVA Wise will never release social security numbers, race, gender, grades, GPA, citizenship, or religious preference to third parties as directory information. If you believe that UVA Wise has failed to comply with FERPA requirements, you have the right to file a complaint with the Family Policy Compliance Office, which administers FERPA. The name and address for that office is: 

Family Policy Compliance Office
U. S. Department of Education
400 Maryland Avenue, SW
Washington, DC, 20202‐4605   

Important Note: The right to challenge education records does not include the right to challenge a numerical or letter grade assigned to your by your instructor. To see the UVA Wise policy on grade appeals, please see the College Catalog. 

UVA Wise’s FERPA policy is published every year on the Registrar’s web page and in UVA Wise Student Handbook.