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The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. Since Lynn University receives federal funding, it is required to comply with all aspects of the law. Generally, schools must have written permission from the eligible student in order to release any information from a student's education record; however, students have the ability to sign a FERPA form, which allows University employees to share information with parents or those listed on the form. Schools may disclose, without consent, "directory" information such as a student's name, address, telephone number, date and place of birth, honors and awards, and dates of attendance. However, schools must tell parents and eligible students about directory information and allow parents and eligible students a reasonable amount of time to request that the school not disclose directory information about them.

Although the rights under FERPA have now transferred to the student, a school may disclose information from an “eligible student’s” education records to the parents of the student, without the student’s consent, if the student is a dependent for tax purposes. Neither the age of the student nor the parent’s status as a custodial parent is relevant. If a student that is claimed as a dependent by either parent for tax purposes, then either parent may have access under this provision.

University officials handling Educational Record information at Lynn are required to take a FERPA training course, to assist with compliance of the law. Courts have found that no private right of action against an educational institution can occur as a result of a violation of FERPA; however, a violation can result in the loss of federal financial aid for the University.

The rights under FERPA transfer from the parent to the student, once the student turns 18 years old or enters a postsecondary institution at any age. The student has the right to do the following.

1. To inspect and review the student’s education records within 45 days, after the day Lynn University receives a written request for access.
2. To request an amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s right to privacy under FERPA.
3. To provide written consent before Lynn University discloses personally identifiable information from the student’s education records, except where FERPA authorizes disclosure without consent

If there is no FERPA Form on file for a student, the University policy is to only release directory information. Directory information may be released without the student’s written authorization. Currently, Lynn University considers the following data as directory information:

All Addresses
Class
College or School of Enrollment
Date and place of birth
Dates of graduation
Dates of attendance
Degrees and/or honors awarded
E-mail
Expected date of graduation
Full/part-time status
ID photograph
Lynn University ID number
Majors
Merit scholarship
Participation in officially recognized activities and sports
Students full name
Telephone and text message listings
Weight and height

The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education records. When a student turns 18 years old, or enters a postsecondary institution at any age, the rights under FERPA transfer from the parents to the student (“eligible student”). The FERPA statute is found at 20 U.S.C. § 1232g and the FERPA regulations are found at 34 CFR Part 99.
An “eligible student” means a student who has reached the age of 18 or who is attending a postsecondary institution at any age. Once a student becomes an “eligible student,” the rights afforded his or her parents under FERPA transfer to that student.

- Exempted from the definition of education records are those records which are kept in the sole possession of the maker of the records and are not accessible or revealed to any other person except a temporary substitute for the maker of the records. Once the contents or information recorded in sole possession records is disclosed to any party other than a temporary substitute for the maker of the records, those records become education records subject to FERPA. Generally sole possession records are of the nature to serve as a “memory jogger” for the creator of the record. For example, if a school official has taken notes regarding telephone or face to face conversations, such notes could be sole possession records depending on the nature and content of the notes.

Initially known as The Education Amendments signed into federal law by President Gerald R. Ford on August 21, 1974, but commonly referred to as the “Buckley Amendment” in honor of its prime sponsor, Senator James Buckley of New York, the Family Educational Rights and Privacy Act, as amended is the foundation of the students’ privacy rights and confidentiality of student records. For more information on FERPA, visit the U.S. Department of Education’s Family Policy Compliance Office website at www.ed.gov/policy/gen/guid/fpco/ferpa/index.html . Yes the Buckley can be changed at any time by the student

- The student is allowed to include as many people on their FERPA form as they would like.

https://my.lynn.edu/ICS/LifeatLynn/FERPA.jnz
FERPA is a Federal law that is administered by the Family Policy Compliance Office (Office) in the U.S. Department of Education (Department). 20 U.S.C. § 1232g; 34 CFR Part 99. FERPA applies to educational agencies and institutions (e.g., schools) that receive funding under any program administered by the Department.

- Yes, a student can change their mind on the FERPA at any time and remove anyone from it whenever they want to.

FERPA:

· Prevents the disclosure of personally identifiable information (PII) in a student’s education record without the consent of a parent or eligible student (aged 18 or older) unless an exception to the law’s general consent requirement applies.

· Grants parents and eligible students the right to review the student's education records maintained by the school and request correction of records they believe to be inaccurate or misleading.

HIPAA:

· Prohibits covered entities from disclosing protected health information (PHI) to any third parties, unless the individual who is the subject of the information (or the individual’s personal representative) authorizes it in writing or the rule otherwise permits the disclosure.

· Disclosure is required to be made to the individual/representative.


 
There are currently no active applications in this portlet.
Documents
In order to withhold the release of the directory information listed, the Request to Prevent Disclosure of Directory Information form (see below) must be completed. The information will then be withheld.
 
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