Annual Notification Of Rights Under FERPA

See also University Regulation: Family Educational Rights and Privacy (FERPA)

The federal law may also be accessed at: http://www.law.cornell.edu/uscode/20/1232g.html

The federal regulations may be accessed at: http://www.ed.gov/policy/gen/reg/ferpa/index.html

UNC General Administration Memorandum #357

The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. They include:

(1) Inspect and Review of Records

The right to inspect and review the student’s education records within 45 days of the day the University receives a request for access. Students should submit to the registrar, dean, head of the academic department, or other appropriate official, written requests that identify the record(s) they wish to inspect. The University 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 University official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.

(2) Amendment of Records

The right to request the amendment of the student’s education records that the student believes are inaccurate, misleading, or otherwise violate the student’s privacy rights under FERPA. Students should write the University official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. 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, and specify why it is inaccurate, misleading or inconsistent with the student’s privacy rights.

(3) Consent to Disclosure 

The right to provide written consent to disclosures of personally identifiable information from the student’s education records. However, there are exceptions to this right. One exception which permits disclosure without the student’s consent is disclosure to school officials with legitimate educational interests. School officials include employees or agents of the university, advisors, faculty, university committee members, other educational institutions seeking information for the purpose of admission or enrollment, and persons or companies with whom the university has contracted to perform services for, or on behalf of, the university. A school official has a legitimate educational interest if an activity that the school official, agent or contractor is undertaking in the name of the university for which access to an educational records is necessary or appropriate to fulfill that individual’s responsibilities for the university.

Another exception to records privacy is that the University may disclose “directory information” without student consent. Directory information consists of a student’s name, preferred email address, campus and home mailing address(es) on file with the Registrar, enrollment status (e.g., full-time or part-time), grade level (freshman, sophomore, etc), preferred telephone number, major field of study, dates of attendance, and honors, degrees and awards received by the student. Students may block disclosure of directory information. To block disclosure of directory information, a student must establish privacy settings within the MyPack portal as soon as possible after declaring their intention to enroll at the university. Students who do not wish to have listings published in the University’s telephone directory must also notify the Department of Registration and Records by the end of the first week of September. Even if a student blocks directory information, it may still be inspected by those persons authorized by law to inspect education records without consent. See 34 CFR 99.31 and 99.37.

The University also discloses education records without the student’s consent to officials of another school, upon request, in which a student seeks or intends to enroll.

(4) FERPA Complaints 

The right to file a complaint with the U.S. Department of Education concerning alleged failures by NC State University 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