ACADEMIC CENTER LINKS
FAMILY EDUCATION RIGHTS AND PRIVACY ACT (FERPA)
(as pertaining to the Academic Center)
University of Louisville Student
POLICY FOR THE IMPLEMENTATION OF THE FAMILY
EDUCATIONAL RIGHTS AND PRIVACY ACT OF 1974, APPROVED BY BOARD OF TRUSTEES ON
JUNE 19, 1978, REVISED ON APRIL 22, 1985.
Family Educational Rights and Privacy Act of 1974
Under the Family Educational Rights and Privacy Act of 1974 (often referred to
as FERPA, or the Buckley Amendment), students who have matriculated have the
right to inspect and review most education records maintained about them by the
University of Louisville, and, in many cases, decide whether or not a third
person may obtain information from them. Ten categories of "directory
information," however, are public unless a student asks that some or all of
the information be withheld. No one will have access to a student's education
records, nor will their contents be disclosed, without the written consent of
the student, except as provided by the Act.
FERPA obliges the University of Louisville to
inform students of their rights and to establish policies and procedures through
which their rights can be exercised. The University intends to comply fully and
fairly with the provisions of FERPA and with it statements on policy and
procedures (45 Code of Federal Regulations sec. 99.5). Where necessary, the
University has taken the provisions of KRS 164.183 and KRS 61.870-61.884 into
account in formulating this policy.
The Academic Center operates in compliance
with FERPA guidelines as outlined in the following section entitled
"Release Policy and Procedure: Third Parties."
Release Policy and Procedure: Third
The University will not generally disclose
personally identifiable information from a student's record without the
student's written consent. Personally identifiable records include any document
(excluding unrestricted directory information) which contains the name of the
student, parent, or other family member, the address of the student, a personal
identifier such as a social security number, a list of personal characteristics,
or other information which would make the student's identity easily traceable.
However, in accordance with the Act, personally
identifiable information may be disclosed without the student's consent if the
- To other officials of the University of
Louisville who have been determined to have a legitimate educational
interest of "need to know." The determination of a legitimate
education interest or "need to know" shall be made by the
Director, University Archives and Records in consultation with the
appropriate dean or director and shall be made scrupulously and with respect
for the privacy rights of the student whose records are involved, in
accordance with criteria established by the Director.
- To federal or state officials as provided by
- In connection with financial aid for which the
student has applied or which the student has received, but only when
necessary to determine the eligibility for, amount of, or conditions upon
financial aid, or to enforce the terms of such aid.
- In compliance with the judicial order or
subpoena, provided a reasonable effort is made to notify the student prior
- To appropriate law enforcement agencies in a
health or safety emergency. The determination of an emergency shall be made
by the Director, University Archives and Records, or a designee, and shall
be made scrupulously and with respect for the privacy rights of the student
whose records are involved, after consideration of the following factors:
- The seriousness of the threat to the
health or safety of the student or other individuals
- The need for the information to meet the
- Whether the parties to whom the
information is disclosed are in a position to deal with the emergency
- The extent to which time is of the essence
in dealing with the emergency.
All third parties to whom information or records
are disclosed shall be informed at the time of disclosure that no further
disclosure of personally identifiable data, other than directory information, is
authorized without the written consent of the student.
A record of each third party request for and each
disclosure of personally identifiable information from a student's record will
be maintained within the student's record. However, a University office is not
required to maintain a record of requests from and disclosures to persons
seeking directory information, and University officials with a legitimate
It is the policy of the University to permit the
student to inspect this record or requests and disclosures pertaining to his or
her records. This record or requests shall be maintained as long as the
education record to which it pertains is maintained.
The University has adopted a policy which
explains in detail the procedures to be used by the University for compliance
with the provisions of the Act and the regulations adopted pursuant thereto.
Copies of the policy can be obtained from University Archives and Records.
Questions concerning the Family Educational Rights and Privacy Act may be
referred to the Director, University Archives and Records.