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Family Educational Rights & Privacy Act (FERPA)

SECTION 1: Notification of Rights Under FERPA for OVU
SECTION 2: Notice for Directory Information

For questions or concerns about your FERPA rights:

Amy Gherke
Registrar
304.865.6034
This email address is being protected from spambots. You need JavaScript enabled to view it.

Notification of Rights Under Ferpa for Ohio Valley University

PDF Download: Notifications of Rights Under FERPA for OVU

Notification of Rights under FERPA for Ohio Valley University
The Family Educational Rights and Privacy Act (FERPA) afford eligible students certain rights with respect to their education records. (An “eligible student” under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution.) These rights include:

  1. The right to inspect and review the student's education records within 45 days after the day the Ohio Valley University receives a request for access. A student should submit to the registrar, dean, head of the academic department, or other appropriate official, a written request that identifies the record(s) the student wishes 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. The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.

    A student who wishes to ask the university to amend a record should write the university official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed.

    If the university decides not to amend the record as requested, the university will notify the student in writing of the decision and the student’s right to a hearing re-garding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
  3. The right to provide written consent before the university discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent.

    The university discloses education records without a student’s prior written consent under the FERPA exception for disclosure to university officials with legitimate educational interests. A university official is a person employed by the University in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance committee. A university official also may include a volunteer or contractor outside of the University who performs an institutional service of function for which the university would otherwise use its own employees and who is under the direct control of the university with respect to the use and maintenance of PII from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another university official in performing his or her tasks. A university official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the university.

    Upon request, the university also discloses education records without consent to officials of another university in which a student seeks or intends to enroll.

    The Family and Education Rights and Privacy Act of 1974 (Buckley Amendment) grants students the right to prohibit the University from releasing "Directory Information" which, unlike all other information, may be released by the University without student consent. "Directory Information" consists of: name, address, telephone listing, date and place of birth, major field of study, degrees and awards received enrollment status in past or present semester, the most recent educational agency or institution attended participation in officially recognized activities and sports, and weight and height of members of athletic teams.
  4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the 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

See the list below of the disclosures that postsecondary institutions may make without consent.

FERPA permits the disclosure of PII from students’ education records, without consent of the student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations. Except for disclosures to university officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, §99.32 of FERPA regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures. A postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student –

  • To other university officials, including teachers, within the University whom the university has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the university has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(2) are met. (§99.31(a)(1))
  • To officials of another university where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34. (§99.31(a)(2))
  • To authorized representatives of the U. S. Comptroller General, the U. S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the university’s State-supported education programs. Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement
  • of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§99.31(a)(3) and 99.35)
  • In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§99.31(a)(4))
  • To organizations conducting studies for, or on behalf of, the university, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§99.31(a)(6))
  • To accrediting organizations to carry out their accrediting functions. ((§99.31(a)(7))
  • To parents of an eligible student if the student is a dependent for IRS tax purposes. (§99.31(a)(8))
  • To comply with a judicial order or lawfully issued subpoena. (§99.31(a)(9))
  • To appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(a)(10))
  • Information the university has designated as “directory information” under §99.37. (§99.31(a)(11))
  • To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of §99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (§99.31(a)(13))
  • To the general public, the final results of a disciplinary proceeding, subject to the requirements of §99.39, if the university determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the university’s rules or policies with respect to the allegation made against him or her. (§99.31(a)(14))
  • To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the university, governing the use or possession of alcohol or a controlled substance if the university determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a)(15))

 

Notice for Directory Information:

Download: Notice for Directory Information

The Family Educational Rights and Privacy Act (FERPA), a Federal law, requires that Ohio Valley University, with certain exceptions, obtain your written consent prior to the disclosure of personally identifiable information from your education records. However, Ohio Valley University may disclose appropriately designated “directory information” without written consent, unless you have advised Ohio Valley University to the contrary in accordance with university procedures. The primary purpose of directory information is to allow Ohio Valley University to include this type of information from your education records in certain school publications.

Examples include:

  • A playbill, showing your student’s role in a drama production;
  • News releases;
  • Honor roll, Dean's List, or other recognition lists;
  • Graduation programs; and
  • Sports activity sheets, such as for wrestling, showing weight and height of team members.


Directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without prior written consent. Outside organizations include, but are not limited to, companies that manufacture class rings or publish yearbooks. If you do not want Ohio Valley University to disclose directory information from your education records without your prior written consent, you must notify the university in writing.

Ohio Valley University has designated the following information as directory information:

  • Student’s name
  • Participation in officially recognized activities and sports
  • Address
  • Weight and height of members of athletic teams
  • Degrees, honors, and awards    received
  • Telephone listing
  • Electronic mail address
  • Photograph
  • Dates of attendance
  • Date and place of birth
  • Major field of study
  • The most recent educational agency or institution attended
  • Grade level

 

Prohibiting Information Release:

Students may prohibit the University from releasing this information without consent by contacting the Office of the Registrar in writing to indicate this request. By prohibiting release, students will eliminate the listing of their names in OVU news releases pertaining to such items as dean's list, announcements of participation in activities, and announcements of honors (including commencement).