University of Nebraska–Lincoln Notification of Rights under FERPA

Rights under FERPA

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WHAT IS FERPA?

The Family Educational Rights and Privacy Act (FERPA) afford eligible students certain rights with respect to their educational records. (An “eligible student” under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution.)

Full copy of Regents Policy 5.10 "Student Information and the Family Educational Rights and Privacy Act of 1974 (FERPA)".

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Right to Inspect

A student has the right to inspect and review their educational records within 45 days after the day the University of Nebraska-Lincoln (UNL) receives a request for access.

A student should submit to the University registrar, dean, head of the academic department, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect.

The school 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 school official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.

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Directory Information

Public Directory Information

The University of Nebraska defines the following student information as public directory information: (§99.31(a)(14))

  • Student name,
  • year at the University (Fr, So, Jr, Sr, etc.),
  • dates of attendance,
  • academic college and major field of study, enrollment status, (e.g. undergraduate or graduate; full-time or part-time),
  • participation in officially recognized activities and sports,
  • degrees, honors and awards received and most recent educational agency or institution attended.

Public directory information will be available to the public upon request and may be included in student directories published electronically. However, students have the right to have directory information withheld from the public, if they so desire.

Non-Public Directory Information

The University of Nebraska defines the following student information as non-public directory information:

  • Local Address
  • Permanent Address
  • Telephone Listings
  • University Email Address

Non-public directory information is not available to the public but is available to any University Official or student upon request. At the University's discretion, non-public information may be provided to University affiliates, such as alumni associations, foundations, and other similar affiliated third parties.

Students can change their privacy (FERPA) option online through MyRED or by contacting the Office of the University Registrar, 107 Canfield Administration Building South, (402) 472-3635.

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Right to Amend

A student has the right to request the amendment of the student’s educational records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.

A student who wishes to ask UNL to amend a record should write the school official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed.

If UNL decides not to amend the record as requested, UNL will notify the student in writing of the decision and the student’s 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.

ADDITIONAL INFORMATION
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Written Consent

A student has the right to provide written consent before UNL discloses personally identifiable information (PII) from the student's educational records, except to the extent that FERPA authorizes disclosure without consent.

Exception

UNL discloses educational records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests.

Definition of School Officials

A school official is a person employed by UNL in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person serving on the board of regents; or a student serving on an official committee, such as a disciplinary or grievance committee.

A school official also may include a volunteer or contractor outside of UNL who performs an institutional service of function for which UNL would otherwise use its own employees and who is under the direct control UNL with respect to the use and maintenance of PII from educational records, such as an attorney, auditor, or collection agent or a student volunteering to assist another UNL official in performing his or her tasks.

Definition of Legitimate Educational Interest

A UNL official has a legitimate educational interest if the official needs to review an educational record in order to fulfill his or her professional responsibilities for UNL.

Other Exceptions

Upon request, the school also discloses educational records without consent to officials of another school in which a student seeks or intends to enroll.

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Filing a Complaint

A student has the right to file a complaint with the U.S. Department of Education concerning alleged failures by UNL 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, SW
Washington, DC 20202

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Disclosing Student Information

FERPA permits the disclosure of students’ educational records, without consent of the student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations.

Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, §99.32 of FERPA regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures.

A postsecondary institution may disclose PII from the educational records without obtaining prior written consent of the student:

  • To other school officials, including teachers, within the UNL whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(2) are met. (§99.31(a)(1))
  • To officials of another school where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34. (§99.31(a)(2))
  • To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the University’s State-supported educational programs. Disclosures under this provision may be made, subject to the requirements of §99.35, 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 that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§99.31(a)(3) and 99.35)
  • In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§99.31(a)(4))
  • To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§99.31(a)(6))
  • To accrediting organizations to carry out their accrediting functions. ((§99.31(a)(7))
  • To parents of an eligible student if the student is a dependent for IRS tax purposes. (§99.31(a)(8))
  • To comply with a judicial order or lawfully issued subpoena. (§99.31(a)(9))
  • To appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(a)(10))
  • Information the school has designated as “directory information” under §99.37. (§99.31(a)(11))
  • To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of §99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (§99.31(a)(13))
  • To the general public, the final results of a disciplinary proceeding, subject to the requirements of §99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school’s rules or policies with respect to the allegation made against him
  • To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a)(15))