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Because advisers are responsible for maintaining records of academic information on their advisees, they must understand and adhere to the provisions of the Family Educational Rights and Privacy Act of 1974, as amended, often referred to as FERPA or the Buckley Amendment. The Act together with enabling regulations adopted by the U.S. Department of Education can be found at 20 U.S.C. § 1232g and at 34 CFR Part 99.
FERPA affords post-secondary students the right to inspect most of their academic records and generally prohibits disclosure of most information without the student’s written consent. Further, only school officials with a legitimate educational interest may see students’ files. FERPA does provide, however, that education records may be given to parents of “financially dependent” students without the student’s consent.
FERPA permits educational institutions to designate certain items of “directory information” pertaining to students that may be disclosed without consent. At Berea College, the following types of personally identifiable information have been designated as “directory information” that can be released by the College without the consent are: the student’s name, address, telephone number, date and place of birth, dates of attendance, major and minor (if any), participation in officially recognized activities and athletics, weight and height of athletic team members, degrees and awards received, and most recent previous institution attended. A student may request that the College not voluntarily release any information to anyone, including in media or news releases. Such a student’s paper file and Banner/BONd records will be marked confidential. If in doubt about releasing information, contact the Office of Academic Services. The law does provide that any record may be inspected by federal or state officials with an appropriate court order (or as provided for in the USA Patriot Act).
Following the tragic events of September 11, 2001, the USA Patriot Act was enacted to allow U.S. Department of Justice officials to obtain a court order requiring an institution to turn over education records in connection with a terrorism investigation or prosecution. The request must be based on specific facts, giving reason to believe that the records are likely to contain relevant information. (NOTE: The information-gathering powers of the USA Patriot Act currently apply only to an investigation or prosecution of an alleged crime of terrorism. Law enforcement officials seeking educational records in connection with any other alleged crime still must obtain a subpoena in the ordinary manner.) An institution that responds to such an order does not violate FERPA, and is not liable for complying with the request. Ordinarily, when an institution discloses information from a student’s educational record, a notice of that disclosure is placed in the record. However, that practice does not apply to disclosures made under the USA Patriot Act. Any inquiries or requests for disclosure of education records citing the USA Patriot Act or a court order pursuant to that Act should be immediately referred to Associate Provost for Advising and Academic Success.
The advisee’s right to privileged communications is recognized in the Buckley Amendment. In an effort to assist a student, advisers may discuss confidential information with other appropriate individuals, e.g., deans, support staff, or a psychological counselor. A student’s personal problems should remain confidential unless the student indicates an intention to cause harm to self or someone else.
Students’ rights of inspection do not extend to personal notes placed in an advising folder by the adviser, as long as the notes are not available to anyone other than the adviser. If a change of adviser occurs, these personal notes should be retained by the adviser before the advisee’s file folder is given to the new adviser. If the original adviser passes along his or her personal notes to a new adviser, these notes become part of the file and the advisee has the right to see them. Any adviser having questions concerning matters involving a student’s records that are implicated by FERPA or the USA Patriot Act should contact promptly the Associate Provost for Advising and Academic Success.
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