Privacy of Educational Records
The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects
the privacy of student educational records. Nevertheless, FERPA only gives parents
certain limited rights with respect to access of their own children's education records.
These rights transfer exclusively to the student when he or she reaches the age of
18 or attends a school beyond the high school level.
- Current students with questions regarding FERPA or confidentiality of records please contact us through
the Starfish app:
Raise Your Hand
Eligible Students
Students to whom the rights have transferred are "eligible students." In consequence,
students at PennWest may elect to anticipate that their parents, spouse, or sponsors/supporters
will need to have prior authorization to periodically review their permanent records,
grades or other specific files. Students are encouraged to use Proxy Access to permit third parties to view their records online.
Eligible students have the right to inspect and review education records maintained
by PennWest University, but the school is not required to provide copies of records
unless, for reasons such as great distance, it is impossible for eligible students
to review the records. Schools may charge a fee for copies.
Student Records
Broadly defined educational records—including applications for admission to the University,
grades, enrollment history, curriculum changes and academic standing—are maintained
in the Office of the Registrar. Under routine circumstances, these records in Office
of the Registrar do not include judicial or disciplinary records, billing and finances, or medical records. Various
offices on campus have separate jurisdiction for maintaining those files.
Eligible students have the right to request that a school correct records that they
believe to be inaccurate or misleading. If the school decides not to amend the record,
the eligible student then has the right to a formal hearing. After the hearing, if
the school still decides not to amend the record, the eligible student has the right
to place a statement with the record setting forth his or her view about the contested
information.
Granting Permission to Release Records
- Generally, schools must have written permission from the eligible student to release
any information from a student's education record.
- Alternatively, a student may permit release of their records via Proxy Access that they configure in Student Self-Service.
Set Up Proxy Access
Conditional Release
FERPA allows PennWest to disclose records, without consent, to the following parties
or under the following conditions:
-
- School officials with legitimate educational interest
- Other schools to which a student is transferring
- Specified officials for audit or evaluation purposes
- Appropriate parties in connection with financial aid to a student
- Organizations conducting certain studies for or on behalf of the school
- Accrediting organizations
- To comply with a judicial order or lawfully issued subpoena
- Appropriate officials in cases of health and safety emergencies
- State and local authorities, within a juvenile justice system, pursuant to specific
state law
Directory Information
FERPA allows schools to disclose, without consent, "directory" information such as
a student's name, address, telephone number, honors and awards, and dates of attendance.
The following information is classified by PennWest as directory information and may
be released without the prior consent of a student:
- A student’s name and address (both local and permanent)
- Telephone number
- University e-mail address
- Major field of study
- Dates of attendance
- Enrollment status
- Date of graduation
- Degrees received
- Honors and awards received
- Most recent educational institution attended
- Participation in student activities (including athletics)
- Height and weight (for athletic teams)
- Photograph
- Class standing (e.g., freshmen, sophomore)
The University does not make directory information generally available to the public.
The University limits its release of such information for official university purposes,
such as (a) identifying athletic team members; (b) publishing names of scholarship
recipients, graduation lists and Dean’s Lists; (c) issuing academic awards; (d) verifying
enrollment or degree status; and (e) providing such information to organizations that
are officially affiliated with PennWest or with whom the University has a contractual
relationship. See 34 C.F.R §99.37(d).
Witholding Directory Disclosure
Current students have the opportunity to withhold disclosure of all categories of
directory information under FERPA. To withhold disclosure, students should submit
notice in writing to the Office of the Registrar.
Students requesting that “directory information” not be disclosed will have this information
withheld indefinitely after leaving the university. Please note that making this request
may have an adverse impact on future information requests from employers or other
organizations.
Requests for the addition or removal of a confidentiality hold must be done in writing
to the Office of the Registrar.
Student Rights under FERPA
The Family Educational Rights and Privacy Act (FERPA) affords students certain rights
with respect to their education records. These rights include:
- The right to inspect and review the student's educational records within 45 days of
the day the University receives a request for access.
- If the student is a current student, it is the policy of the University that the student
may review his/her file upon showing identification to the Registrar's Office. Former
students should submit to the Registrar written requests that identify the record(s)
they wish to inspect. The Registrar will plan for access and notify the student of
the time and place where the records may be inspected.
- The right to request the amendment of the student's educational records of which the
student believes is inaccurate.
- Students may ask the University to amend a record that they believe is inaccurate.
They should write the Registrar, at 250 University Avenue, California, PA, 15419 or
via email to registrar@pennwest.edu, clearly identifying the part of the record they want changed, and specify why it
is inaccurate. Any dispute concerning grades is not amendable through FERPA. 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 disclosure of personally identifiable information contained
in the student's educational 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 serving
on the Council of Trustees; the National Student Clearinghouse; contractors, volunteers
and service providers used to perform university services and functions, 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 to fulfill his or her professional responsibility.
- The university is also permitted to disclose the education records of a student to
another school without consent, if the student receives services from the other school.
This would include records of students who are enrolled in a collaborative program
resulting in dual enrollment in PennWest University and another institution of higher
education.
- As of January 3, 2012, the U.S. Department of Education's FERPA regulations expand
the 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.
- 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 are:
Family Policy Compliance Office
U.S Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605
Copies of the University’s policy, AC053, Confidentiality of Student Records, governing
the Family Education Rights and Privacy Act are available in the Office of the Registrar
or online:
Policy AC053: Family Educational Rights and Privacy