FERPA

Family Education Rights and Privacy Act & Disclosure of Education Records

家庭教育权和隐私权法案(FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal law that protects the privacy of student education records. 这项法律适用于所有接受美国联邦教育资助计划资助的学校.S. Department of Education. Under FERPA, the College may not generally disclose personally identifiable information from a student's education records to a third party, including parents, 除非学生提供书面同意.

Understanding Educational Records

The term "education records" is defined as those records that contain information directly related to a student and which are maintained by a school or by a party acting for the school. Under FERPA, a school is not generally required to maintain particular education records or education records that contain specific information. Rather, the school is required to provide certain privacy protections for those education records that it does maintain. Also, 除非有未完成的学生要求检查和审查教育记录, FERPA允许学校销毁这些记录而不通知学生.

Student Rights 

FERPA affords students at Rhode Island College (the “College”) certain rights with respect to their education records. These rights include:

• The right to inspect and review the student's education records within 45 days after the day the College receives a request for access. A student should submit to the Registrar's Office a written request that identifies the record(s) the student wishes to inspect. The Registrar's Office will make arrangements for access and notify the student of the time and place where the records may be inspected. Written requests should be submitted to:
  
  Registrar's Office
  Rhode Island College
  Building 4 (B4)
  600 Mount Pleasant Ave
  Providence, RI 02908
  records@tamascandle.net​
• The right to request the amendment of the student’s education records that the student believes are inaccurate, 误导或以其他方式侵犯FERPA下的学生隐私权. A student who wishes to ask the College to amend a record should submit a written request to the Registrar's Office, 清楚地指出学生想要更改的记录部分, and specify why it should be changed. 如果学院决定不按学生的要求修改记录, the College will notify the student of the decision and the student’s 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 provide written consent before the College discloses personally identifiable information (PII) from the student's education records, 除非FERPA在未经同意的情况下授权披露. (欲了解更多信息，请参阅下文“教育记录披露”一节.”)
• The right to file a complaint with the U.S. 就学院涉嫌未能遵守FERPA的要求向教育部提出申诉. 管理FERPA的办公室的名称和地址是:
  
  Family Policy Compliance Office
  U.S. Department of Education
  400 Maryland Avenue, SW
  Washington, DC 20202

Please Note: Under FERPA, a school is not generally required to maintain particular education records or education records that contain specific information. Rather, 学校被要求对其保存的教育记录提供一定的隐私保护. Also, 除非有符合条件的学生要求检查和审查教育记录, FERPA允许学校销毁这些记录而不通知学生.

Disclosure with Written Consent

Under FERPA, the College may not generally disclose personally identifiable information from a student's education records to a third party, including parents, 除非学生提供书面同意. 签署并注明日期的书面同意书必须指明可能披露的记录, state the purpose of the disclosure, 并指明可能向其披露信息的一方或一方类别. When a disclosure is made, if a student so requests, 学院将向学生提供所披露记录的副本.

Disclosure without Consent

However, FERPA允许学校公开这些记录, without consent, 给有合法教育利益的学校官员. “学校官员”被定义为学院在行政管理部门雇用的人员, 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.

Other individuals who may be considered school officials include volunteers or contractors outside of the College who perform an institutional service of function for which the College would otherwise use its own employees and who is under the direct control of the College 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 school official in performing that official’s tasks. A school official typically has a legitimate educational interest if the official needs to review an education record in order to fulfill professional responsibilities for the College.

More Cases for Disclosure without Consent

Additionally, FERPA allows schools to disclose records, including PII, without consent, 向下列各方或在下列条件下:

• 致该学生寻求或打算入学的另一所学校的官员, 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 FERPA.
• 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 College’s state-supported education programs. 可根据本规定进行披露, subject to the requirements of FERPA, 与联邦或州支持的教育项目的审计或评估有关, 或者执行或遵守与这些项目相关的联邦法律要求. 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, 或代表他们执行或遵守活动.
• 与学生已申请或已收到的经济援助有关, 如果这些信息是决定是否有资格获得援助所必需的, determine the amount of the aid, determine the conditions of the aid, 或者执行援助的条款和条件.
• To organizations conducting studies for, or on behalf of, the College, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction.
• 授权认可机构履行其认可职能.
• 如果学生是美国国税局的受抚养人，给学生的父母.
• 遵从司法命令或合法发出的传票.
• To the Immigration and Naturalization Service (INS) for the purpose of allowing the INS to determine a student’s nonimmigrant status, provided that the student has signed Form I-20 and thereby provided consent to the release of educational information for this purpose.
• 根据FERPA的规定，向与健康或安全紧急情况有关的适当官员提供服务.
• 致暴力犯罪或非暴力性犯罪嫌疑人的受害者, subject to the requirements of FERPA. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding.
• To the general public, 纪律处分程序的最终结果, subject to the requirements of FERPA, if the College 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 school’s rules or policies with respect to the allegation made against the student.
• 就学生违反任何联邦法律, state, or local law, or of any rule or policy of the College, governing the use or possession of alcohol or a controlled substance if the College determines the student committed a disciplinary violation and the student is under the age of 21.

Please Note: The College 在学生档案列表中保存记录 to whom personally identifiable information was disclosed and the legitimate interests the party or parties had in obtaining the information. 这不适用于具有合法教育利益的学校官员或目录信息.

Directory Information

Additionally, the College may disclose, without consent, 以下是该学生的“目录”信息:

• name
• telephone number
• email address
• honors and awards
• 班级水平(大一、大二、大三、大四或研究生)
• major and/or minor
• degrees
• address
• date and place of birth
• dates of attendance
• 注册情况(全日制、非全日制或未注册)
• graduation date

Please Note: Students have the right to refuse to allow any or all such information about the student to be designated as directory information. Students can log in to My.RIC和更新目录信息的FERPA限制. 否则，学生必须书面通知注册办公室这样的要求.

Common Scenarios to Consider

当学生带着家长来见老师时, the student should provide written approval to include parents-otherwise the parents can wait outside the office.

• 没有学生的书面同意，不能给打电话的家长提供信息.
• 不能把试卷堆在一起让学生去捡.
• 成绩不能张贴在包含识别信息的列表上.
• 如有任何疑问，请致电 401-456-8213.