A student's FERPA rights begin with his or her registered attendance at UC. Attendance need not be physical, such as in cases of correspondence and distance learning courses. Applicants who are denied admission or who are admitted but never attend are not covered under FERPA. There is no end point for FERPA rights - as long as the student is living. FERPA grants four primary rights to the student:
FERPA FOR STUDENTS
- The right to review and inspect any education record to which he or she is permitted under this policy. To do so, they must direct their request in writing to the person responsible for the file they wish to inspect. The request normally will be honored at the time of its receipt, if staff are available, but in no case later than 45 days after the request is made. Students have the right to review all material in their file unless they have waived their right of access. They have the right to receive a copy of any portion of their record, which will be made available to them at a charge of $1 for the first page requested and 10 cents for each additional page, with the exception of transcripts, which will be made available at a charge of $5 per paper copy and $4 per electronic copy. The College reserves the right to refuse to permit a student to inspect the following records:
- Records that contain information on more than one student. A student may inspect only that information which relates to him/her.
- Financial records of the student's parents.
- Confidential letters and statements of recommendation for which the student has waived his or her right of inspection and review.
- Records connected with an application to attend the University or a component unit of the UC if that application was denied.
- Those records which are excluded from the FERPA definition of education records.
- The right to have their educational records amended or corrected. If a student should wish to do so, the College will attempt to resolve the dispute informally, through the person having responsibility for the file. If this attempt proves to be unsatisfactory to the student making the challenge, the student may request the president of the College to convene a formal hearing. The president or a faculty or staff member appointed by the president, who shall have no direct interest in the outcome, will conduct the hearing. The hearing will be held within a reasonable time following the request, and the student will be afforded a full and fair opportunity to present evidence relevant to the issues raised. The decision will be rendered in writing by the official conducting the hearing within a reasonable time after the conclusion of the hearing.
- The right to limit disclosure of some portions of their educational records. Students may complete and submit the FERPA Consent Form. Students should consider all aspects of a directory information hold prior to filing such a request. If you wish to prevent Utica College from releasing any directory information, and any requests for such information from non-institutional persons or organizations will be refused (i.e., your name will not appear in the commencement program, we will not be able to confirm your degree to a prospective employer, your name will not be provided to honor societies that wish to invite you to join, etc.). Requests for non-disclosure that were made while a student was in attendance continue to be honored, even after the student leaves the College unless the request is revoked by the student (or former student).To revoke a directory hold, students may complete and submit a Revocation of Request to Withhold Directory Information.
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by institutions to comply with the Act. The complaint must be made within 180 days of when the infraction was discovered, and there must be sufficient evidence to prove the violation. The name and address of the office that administer FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Ave., SW.
Washington, DC 20202-4605
At UC, students are notified annually of their FERPA rights in the Student Handbook, University catalog, and the Registrar's web page.
Post-secondary schools (such as UC) are not required by FERPA to release or provide access to academic information to a student's parent or legal guardian and, in fact, may not do so except under the following conditions:
- A student completes and submits the FERPA Consent Form that specifically identifies what information may be released to the parent(s) or
- The parent(s) establish that the student is a dependent according to the Internal Revenue Code of 1986, Section 152.
- It must specify the records to be released (transcripts, etc.)
- State the purpose of the disclosure
- Identify the party or class of parties to whom disclosure may be made, and
- Be signed and dated by the student