Family Education Rights and Privacy Act of 1974

Student Rights Under FERPA

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

• 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, 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.

• The right to request the amendment of the student’s education records that the student believes are inaccurate or misleading.
  Students may ask the University to amend a record that they believe is inaccurate or misleading. They 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 their 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.

• The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
  One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill their professional responsibility. School officials are those members of an institution who act in the student’s educational interest within the limitations of their “need to know.” These may include faculty, administration, clerical and professional employees, other persons who manage student education record information including student employees or agents, and employees of the North Dakota Attorney General's Office providing support or representation to Mayville State University. Examples of a school official may include

• a person employed by the University in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health services staff);

• a person or company with whom the University has contracted, eg. attorney, auditor, collection agency;

• a person serving on an institutional governing board;

• a person or student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing their tasks.

Other disclosures allowable without written consent are:

• to institutions in which the student seeks to enroll or is enrolled so long as the disclosure is for purposes relating to the student’s enrollment or transfer;

• to authorized representatives of federal, state, or local educational authorities;

• to accrediting agencies;

• in connection with a health or safety emergency;

• to comply with a judicial order or lawfully issued subpoena;

• concerning information considered “Directory Information.

• The right to refuse to permit the designation of all of the aforementioned categories of personally identifiable information as “Directory Information.”

• The right to file a complaint with the U.S. Department of Education concerning alleged failures by Mayville 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

Directory Information

The Family Educational Rights and Privacy Act (FERPA) designates certain information related to students as “Directory Information.” Students may request to prevent the release of directory information to third party individuals by notifying the MSU Registrar’s Office by completing the Student Rights to Privacy form found on the Registrar’s Office website. Failure to notify the Registrar’s Office as outlined above indicates implied consent to release directory information. All or a portion of directory information may be released publicly in printed, electronic, or other forms at the discretion of Minot State University on a case-by-case basis. Directory information includes the following data elements:

• Student name*
• Hometown (city, state)
• Campus email address**
• Height, weight, and photos of athletic team members
• Major field of study (all declared majors)
• Minor field of study (all declared minors)
• Class level
• Dates of attendance
• Enrollment Status (withdrawn, half-time, or full-time)
• Names of previous institutions attended
• Participation in officially recognized activities and sports
• Honors/awards received
• Degree earned (all degrees earned)
• Date degree earned (dates of all degrees earned)
• Directory photos, photographs and video recordings of students in public or non-classroom settings (photographs from classrooms or class-related activities are NOT directory information)

*If a student provides a preferred name, the college or university tries to use it when communicating directly with the student. Preferred name is a supported business practice, unless there is a documented business or legal reason to use a student’s legal name. When communicating with outside third parties, including parents, the college or university generally uses a student’s legal name.

**Campus email addresses are only disclosed to requestors who agree to not use them for solicitation.

Materials Not Included in Education Records

The following materials are not directly accessible to students:

1. Personal notes and other materials, such as a teacher’s daily record book created by individual University personnel as memory aids, provided they are not revealed to another person other than in the case of a substitute who performs another’s duties for a temporary period.
2. Law enforcement (including campus police) records provided they are kept separate from education records, are for law enforcement purposes only, and are only available to other law enforcement officials from the same jurisdiction.
3. Records of physicians, psychiatrists, psychologists, or other professional or para-professionals used in treatment of the student. These records are available only to those providing treatment, but a second physician or other professional of the student’s choice may review them.

Any student at Mayville State University may review the complete text of the Family Educational Rights and Privacy Act of 1974 and implementing federal regulations at the Office of Academic Records. Questions regarding the act or student rights should be directed to the Director of Academic Records.