The Family Education Rights and Privacy Act (FERPA) affords students the following rights with respect to their educational records:
Notification of Rights Under FERPA
- The right to inspect and review a student’s personal education records within 45 days after the day the College receives a request for access. The student should submit to the Registrar a written request that identifies the record(s) they wish to inspect. The Registrar will make arrangements for access and notify the time and place where the records may be inspected. If the records are not maintained by the College, the Registrar shall advise the students of the correct official to whom the request should be directed.
- The right to request the amendment of the student’s education records that the student believes inaccurate or misleading. A student may ask the College to amend a record that they believe is inaccurate or misleading. In a request submitted to the College Registrar, the student should clearly identify the part of the record to be changed, and specify why it is inaccurate or misleading. If the College decides not to amend the record as requested by the student, the College will notify the student of the decision and advise the student of their right to a hearing regarding the request for the amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
- The right to consent to disclosures of personally identifiable information contained in a student’s education records, except to the extent that FERPA authorizes disclosure without consent. A student may choose whether or not to allow personally identifiable information to be disclosed to others upon request. The College will provide a form in which the student may give written consent. FERPA authorized exceptions to consent not required are listed in the “consent not required” section, below.
- The right to see who has requested personally identifiable information. The school maintains a record in the student’s file listing to whom personally identifiable information was disclosed and the legitimate interest the parties had in obtaining the information (does not apply to the school official with a legitimate education interest or to directory information).
- The right to receive annual notification of student rights under FERPA. The College will give annual notification verbally during orientation and during the second week of Chapel, in writing in the course catalog, student handbook, and internet, as well as an email sent out at the beginning of each semester.
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by New Hope Christian College to comply with the requirements of FERPA. Complaints may be addressed to the following office that administers FERPA:
U.S. Department of Education/Family Policy Compliance Office
400 Maryland Avenue, SW
Washington, DC 20202-4605
FERPA RELEASE OF INFORMATION POLICY
Request to Disclose Information
Except under one of the special conditions described in 34 CFR 99.31, a student must provide a signed and dated written consent before the College may disclose personally identifiable information from the Student’s education records. The written consent must specify the records that may be disclosed, and identify the party or class of parties to whom the disclosure may be made. The form is available in the Office of the Registrar and online.
- Personal Requests: If a student or former student requests a transcript or other personal records to be released and they are known to be the person whose information is being requested, the request will be honored. If the student is not known, the person receiving the request must ask for personal identification to verify that it is indeed the person seeking their own records. The identification should include name and social security number, date of birth, photo ID, dates of attendance, or any other identifying information that only the student is likely to know.
- Requests for Release of Information over the Internet: Transcript requests are processed through newhope.edu under the “Resources” tab, and will be sent out via USPS ground mail. It is not the practice of the College to send transcripts via fax or email attachment. Electronic transcript requests may only be requested by the student. The electronic request identifies and authenticates the student as the source of the electronic consent, as well as indicates the student’s approval of the information contained in the electronic consent.
Consent Not Required
The College may disclose personally identifiable information without student’s consent to the following parties:
- Parents or Legal Guardians as defined by the IRS: The parents of a student or former student have the right to request and receive education records of their legally dependent children. The parent or guardian must prove that the student or former student is legally dependent by providing proof that they are dependent according to the Internal Revenue code of 1954 Section 152. Without such proof, the student must sign a release form before the parent or legal guardian can be allowed access to the student’s educational records.
- Courts, Crime, Victims, Health or Safety Officials: The law allows the release of educational records to certain government agencies for certain allowed circumstances. The law will be followed for any request from such agencies. The students will be notified in a timely manner if any such records are released to a court order or other government request.
- Personally identifiable information without consent also includes disclosure to: school officials with legitimate educational interests (demonstrated as on a “need to know” basis), U.S. Comptroller General, U.S. Attorney, U.S. Department of Education, authorized organizations conducting education research, accrediting agencies, parent of a student under 21 regarding the violation of a law regarding alcohol or drug abuse.
- Release of Directory Information/Third Party Disclosure: Directory Information is considered to be public information unless you notify the Registrar in writing that it must be kept confidential. New Hope Christian College has designated the following as Directory Information:
• Date and Place of Birth
• Local Address
• Permanent Address
• Telephone Number
• E-mail Address (newhope.edu only)
• Current Enrollment Status
• Dates of Attendance
• Class Level
• Number of Credit Hours
• Previous Institutions Attended
• Major Field of Study (Concentration)
• Degree(s) in Progress or Conferred
• Date of Graduation
• Past and Present Participation in Officially Recognized Sports and Activities (varsity sports, but not intramural courses)
• Heights and Weights of Members of Athletic Teams
When a disclosure is made, if a parent or eligible student so request, the school must provide him or her with a copy of the records disclosed, and if the parent of a student who is not an eligible student so request, the school much provide the student with a copy of the records disclosed.
FERPA and Subpoenas
The College may disclose information pursuant to any other court order or lawfully issues subpoena only if the College makes a reasonable effort to notify the eligible student of the order or subpoena in advance of compliance, so that the parent or eligible student may seek protective action. Additionally, school, must comply with FERPA’s recordkeeping requirements under 34 CFR 99.31 when disclosing information pursuant to a standard court order or subpoena.
HIPAA and FERPA
The College follows requirements for the Privacy of Health Records (HIPAA). If a health record is used to make a decision in regard to a student’s education program (e.g., whether a student should receive extended time for testing; or be exempt from and academic requirement, such as SAP) the health record may be construed to be an education record. In that case the normal FERPA provisions for safeguarding the record would apply.
Health and Safety Exemption Requirement
The school only discloses personally identifiable information from an education record to appropriate parties in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals.
The school complies with the changes made to FERPA as a result of the USA Patriot Act as outlined in DCL April 12, 2002. FERPA Contact Information:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Ace., S.W.
Washington, DC 20202-4605
Web site address: www.ed.gov/offices/OM/fpco