What is FERPA?
Family Educational Rights and Privacy Act of 1974 (FERPA)
Mildred Elley students shall have the right to inspect and review their educational records, to request corrections or deletions, and to limit disclosure of the records in accordance with the Family Educational Rights and Privacy Act of 1974, also referred to as the Buckley Amendment. The detailed procedures for exercising one’s rights under the Buckley Amendment are available upon request in the Registrar’s Office. The school reserves the right to release to police agencies and/or crime victims any records or information pertinent to a crime which has occurred on campus, including the details of any disciplinary action taken against the alleged perpetrator of the crime. Students wishing to file a complaint concerning alleged failures of ASST to comply with FERPA may be sent to: Family Policy Compliance Office; U.S. Department of Education, 400 Maryland Avenue, S.W., Washington, D.C. 20202-4605.
Mildred Elley meets the requirements of the Family Educational Rights and Privacy Act through annual notifications to eligible students or the parent(s)/guardian(s) of a student under eighteen years of age by furnishing a copy of the Family Educational Rights and Privacy Act Notice in this catalog.
Any eligible student or parent(s)/guardian(s) of a student under eighteen years of age may inspect and review the educational records of the student by submitting a written request for an appointment to review such records to the Registrar at least two weeks prior to the proposed appointment. The request shall contain the proposed date and time for the appointment and the student’s name, address and social security number. The Registrar shall confirm the appointment or seek to reschedule it for a more convenient time within five business days of receipt of the request.
An eligible student or parent(s)/guardian(s) of a student under eighteen years of age shall have access to all of the student’s educational records and may obtain a copy of any record desired, unless Mildred Elley believes that such record is subject to a legal privilege. A request for documents must be made in writing to the Registrar or Executive Director. The charge for copying any student record shall be $1.00 per page and shall be prepaid by the student or parent.
Mildred Elley maintains all of its current student educational records at its offices at 855 Central Avenue, Albany, New York 12206. An enrolled student’s academic file and the academic and financial aid files for all graduated and terminated students are maintained in the Registrar’s Office under the supervision of the Registrar. Financial aid files for all current students are maintained in Mildred Elley Financial Aid Office under the supervision of the Financial Aid representatives. Personally identifiable information will not be released from the student’s educational records without prior written consent from the eligible student or parent(s)/guardian(s) of a student under eighteen years of age, except where the disclosure:
- is made to another Mildred Elley school official whom Mildred Elley has determined to have a legitimate educational interest;
- is to other agencies or institutions which have requested the records and in which the student seeks or intends to enroll;
- is made to authorized representatives of the Comptroller General of the United States, the Secretary of Education or any State or Local authorities in connection with an audit or evaluation of Federal or State supported educational programs, or for the enforcement of or compliance with Federal legal requirements which relate to those programs;
- is made in connection with financial aid for which the student has applied or which the student has received, if the information is necessary for such purposes as to determine eligibility for the aid, determine the amount of the aid, determine the conditions for the aid or enforce the terms and conditions of the aid;
- is to State or Local officials or authorities, if a State statute adopted before November 19, 1974, specifically requires disclosures to those officials and authorities;
- is to organizations conducting studies for, or on behalf of, educational agencies or institutions to develop, validate or administer predictive tests, administer student aid programs or improve instruction, only if the study is conducted in a manner that does not permit personal identification of parents and students by individuals other than representatives of the organization and the information is destroyed when no longer needed for the purposes for which the study was conducted;
- is to an accrediting organization to carry out its accrediting functions;
- is to parents of a dependent student, as defined in Section 152 of the Internal Revenue Code of 1954;
- is to comply with a judicial order or lawfully issued subpoena, only after Mildred Elley has made a reasonable effort to notify the parent or eligible student of the order or subpoena in advance of compliance;
- is in connection with a health or safety emergency, if knowledge of the information is necessary to protect the health and safety of the student or individuals;
- is information which Mildred Elley has designated “directory information” and neither the eligible student nor parent(s)/guardian(s) of a student under eighteen years of age notifies Mildred Elley in writing within ten days of receipt of the Family Educational Rights and Privacy Act Notice;
- is to an alleged victim of any crime of violence, as that term is defined in Section 16 of Title 18, United States Code, of the results of any disciplinary proceeding conducted by Mildred Elley against the alleged perpetrator of that crime with respect to that crime.
Mildred Elley will disclose personally identifiable information to its school officials (President, Vice Presidents, Directors, Assistant Directors, Managers, and other supervisory personnel) or their representatives for legitimate educational interests, which Mildred Elley has determined to mean all issues which impact upon the student’s successful completion of his/her course of study and/or upon the fulfillment of the student’s obligation to Mildred Elley.
Mildred Elley will maintain a record of requests for and disclosures made of personally identifiable information and such record will be available for review by an eligible student or parent(s)/guardian(s) of an eligible student under eighteen years of age. This record shall be maintained in the student’s academic file and shall contain the following information: a) the identity of the person requesting the information and b) the person’s legitimate interest. If the information is released to an individual with the understanding that it will be forwarded to another individual, the record shall also contain the identity of the additional individual(s) and their legitimate interest.
Mildred Elley has determined the following as “directory information”:
- Student’s Name
- Student’s Home Address
- Student’s Home Phone Number
- Student’s Date and Place of Birth
- Student’s Course of Study, Dates of Attendance and Completion or Termination Date
- Certificate Awarded and
- Name and Address of Most Recent Previous Educational Institution
A parent or an eligible student has the right to refuse to allow Mildred Elley to designate any or all of the above as directory information, but must do so in writing within ten days of receipt of the Family Educational Rights and Privacy Act Notice.
Mildred Elley permits parent(s)/guardian(s) or eligible student to request correction of the student’s educational records where such records contain information which is inaccurate, misleading or in violation of the student’s rights of privacy or other rights. Mildred Elley shall determine whether or not to amend the records and notify parent(s)/guardian(s) or eligible student within thirty days of the receipt of such request. If the request is denied, Mildred Elley will notify parent(s)/guardian(s) or eligible student of their right to a hearing to challenge the content of the educational records.
As a result of such hearing, Mildred Elley may either:
- amend the records and in writing notify the parent(s)/guardian(s) or an eligible student; or
- deny the request and inform the parent(s)/guardian(s) or an eligible student of the right to place a statement in the record commenting on the contested information or stating why they disagree with Mildred Elley’s decisions or both.
This statement shall be maintained with that part of the record which is contested, subject to the school’s record retention policies in effect at the time. If any part of the contested material is released, a copy of the statement is to be released simultaneously.