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FAMILY EDUCATION RIGHTS AND PRIVACY ACT (FERPA)
(as pertaining to the Academic Center)

University of Louisville Student Records Policy

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 Parties

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 disclosure is:

• 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 law.
   
• 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 compliance.
   
• 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 emergency
  • 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 educational interest.

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.