Student Rights under FERPA

Amridge University is committed to student rights and privacy.

The Family Education Rights and Privacy Act (FERPA) of 1974, as amended, is a federal law that protects the privacy and confidentiality of personally identifiable information contained within student education records. Amridge University complies with FERPAS’s confidentially protections and adheres to procedures dealing with student education records.

Amridge University takes steps to Safeguard Student Records. All Amridge University employees are required to protect the privacy of student records and abide by the following principles:

    • The University Student Information System shall contain only the student data necessary to fulfill the University’s mission.
    • Safeguarding of student data shall be the responsibility of each university employee; therefore employees are trained on the latest data security best practices, as well as phishing and social engineering awareness protocols.
    • Due care shall be exercised to protect and encrypt sensitive Personally Identifiable Information (PII) student data requests through internal and external identification of authorized and unauthorized use, adherence to steps for proper disclosure, and exercised care in the destruction of student records and PII data.
    • Applicable federal and state laws and University policies and procedures shall be followed to govern the integrity of student data.
    • Amridge University’s Network Operations Center, in coordination with the university employees, will secure physical records and electronic records using cloud services storage while also safeguarding internal use, release, transportation, retention, destruction and sanitation of student data.
    • University procedures shall be followed in reporting any breach of security or compromise of safeguards.
    • This statement of principles applies to all areas of the University and must be followed by all persons dealing with such information.
    • Faculty and staff requiring the use of sensitive computerized student data for official University business will be provided access. The term “access” means to read or view student data. It does not include the ability to create or modify data.
    • Certain areas of the University that store and maintain student data, whether computerized or not, may have additional individual procedures which will supplement, but not supplant, this statement of principles.
    • Any Amridge University employee engaging in unauthorized use, disclosure, alteration, or destruction of student data in violation of this statement of principles shall be subject to appropriate disciplinary action, including dismissal.

Definition of a Student.

“Student” includes any person with respect to whom the University maintains education records or personally identifiable information but does not include a person who has not been in attendance at the University.

Definition of Education Records.

Education records (handwriting, print, electronic files, computerized file, videotape, audiotape, or email) – of an institution that contain information directly related to student and maintained by the institution or by a party acting for the institution.

The term “education records” does not include any of the following:

  • records of instructional, supervisory, and administrative personnel and educational personnel ancillary thereto which are in the sole possession of the maker (e.g. private advising notes) thereof and which are not accessible or revealed to any other person except a substitute;
  • records maintained by any future law enforcement unit of the University that are created by that law enforcement unit for the purpose of law enforcement;
  • employment records (unless the employment is based on student status). The employment records of student employees (e.g., work-study, wages, graduate teaching assistants) are part of their education record.
  • records on a student which are made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional or paraprofessional capacity (medical/psychology treatment records, e.g. from a health or counseling center), or assisting in that capacity, and which are made, maintained, or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the student’s choice.

Information on a person that was obtained when no longer a student (i.e., alumni records) and does not relate to the person as a student.

  • Notice to Students of Privacy Rights Afforded by Amridge University Under the Family Educational Rights and Privacy Act (FERPA).

Pursuant to the Family Educational Rights and Privacy Act (“FERPA”), Amridge University (the “University” or “Amridge University”) affords to its students three primary rights related to their “educational records.” These rights are:

  • The right to inspect and review, or obtain a photocopy of, their education record by completing and submitting the appropriate request form located on the University Website. Once the form is completed it should be submitted with an official (signed) signature and emailed to the registrar@amridgeuniversity.edu. Properly completed forms will be processed and honored within 45 days of the receipt of the form. Under FERPA, however there are exceptions to the general right of a student to review his or her own educational records.

These exceptions include:

  • The financial statement of the student’s parents.
  • Confidential letters and confidential statements of recommendation placed in the education records, as long as the statements are used only for the purpose for which they were specifically intended.
  • Records connected with an application for admission to Amridge University that was denied.
  • Those records which are excluded from the FERPA definition of “education records.” An example would be records that were:
  • Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity;
  • Made, maintained, or used only in connection with treatment of the student;
  • Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial education activities or activities that are part of the program of instruction at the agency or institution; and
  • Records that only contain information about an individual after he or she is no longer a student at that agency or institution.
  • The right to consent to disclosures of personally identifiable information (directory information) contained in the student’s education record, except to the extent that FERPA authorizes disclosure without consent. The form for this request can be obtained by emailing the Registrar’s Office at registrar@amridgeuniversity.edu.

Directory Information.

“Directory information” means categories of information about a student that, without the consent of the student, may be included in publications, disclosed upon request, or otherwise disclosed to the public or third parties. From time to time the University, acting within the constraints of FERPA or guidance of the U.S. Department of Education on how to properly implement FERPA, may determine or revise what categories of information are to be deemed as “information generally not considered harmful or an invasion of privacy” and therefore to be included within directory information. At the present time, the term “directory information” includes the following:

  • Student’s name;
  • Address (physical or PO box address(es), but not including email address);
  • Telephone listing;
  • Major field of study;
  • Participation in officially recognized activities;
  • Dates of attendance;
  • Level of education;
  • Degrees and awards received;
  • Most recent education agency or institution attended;
  • Date of birth; and,
  • Place of birth.

Directory Information does not include student identification numbers, nor social security numbers. Inquiries in writing (or on occasion, by telephone), for directory information as listed above may be honoured. The Registrar’s Office will answer such inquiries as time permits. Blanket inquiries or inquiries requiring information in a specific format may be denied, and/or a charge may be levied for the service. The University may also decide to respond to some or all requests for directory information by providing some, but not all, of the categories of information listed above. The University reserves the right to respond to requests for directory information as to more than one semester by providing such information for less than all of the semesters requested. However, the University shall not respond to requests by third persons for directory information in a manner that treats requests for directory information from the armed forces of the United States in an inferior way or with less-favourable treatment as compared to requests from persons or entities other than the United States armed forces. The form for this request can be obtained by emailing the Registrar’s Office at registrar@amridgeuniversity.edu.

Locations where categories of “Directory Information” may be made available, without the students consent, including but not limited to the following media:

  • Graduation Program
  • Announcements released by the University to newspapers
  • Graduation Video, Audio
  • Bulletin
  • Website Announcement

Student Requests That Access to Directory Information Be Withheld.

How to Request that Access be Withheld.

Any student desiring that access by third persons to directory information concerning him or her be withheld may complete and submit to the University’s Registrar’s Office the appropriate request form. The form for this purpose is located on the University Website. Once the form is completed it should be submitted with an official (signed) signature and emailed to the registrar@amridgeuniversity.edu. Properly completed forms will be processed and honored within 45 days of the receipt of the form.

Disclosure of Directory Information to Third Parties.

FERPA authorizes the disclosure of personally identifiable information contained in a student educational record without the consent of the student under various circumstances. The University may disclose such information: (1) to other Amridge University officials, including (but not limited to) teachers, whom the University has determined to have legitimate educational interests; (2) to officials of another school where a student seeks or intends to enroll; (3) to authorized representatives of the Comptroller General of the United States, the U.S. Secretary of Education, or state educational authorities (under applicable conditions set forth at 20 U.S.C. 1232g(b)(3); (4) in connection with a student’s application for and receipt of financial aid; (5) to organizations conducting studies for, or on behalf of, educational agencies or institutions to develop, validate, or administer predictive tests, or to administer student aid programs, or to improve instruction (if such studies are conducted in a manner as will not permit the personal identification of students and their parents by persons other than representatives of such organizations and such information will be destroyed when no longer needed for the purpose for which it was conducted); administer student aid programs; or improve instruction; (6) to accrediting organizations to carry out their accrediting functions; (7) to parents of a dependent student, as defined in Title 26 U.S.C. 152 (the Internal Revenue Code of 1954, as amended); (8) to comply with a judicial order or lawfully issued subpoena; (9) to persons in connection with a health or safety emergency (if the knowledge of such information is necessary to protect the health and safety of the student or other persons); (10) information designated “directory information;” (11) to an alleged victim of any crime of violence (as defined in 18 U.S.C. 16) or a non-forcible sex offense the final results of any disciplinary proceeding conducted by the University against the alleged perpetrator of that crime or offense with respect to such crime or offense, and further, to make such disclosure to other persons if the University determines as a result of the disciplinary proceeding that the student committed a violation of University rules or policies with respect to such crime or offense; and (12) authorized representatives of the U.S. Attorney General for law enforcement purposes (under applicable conditions set forth at 20 U.S.C. 1232g(b)(3)). In addition, FERPA notwithstanding, under Public Law 107-56 (commonly known as the “USA Patriot Act”) the U.S. Attorney General and designated U.S. Assistant Attorney Generals may apply to courts for orders requiring an educational institution (such as Amridge University) to permit the Attorney General or his or her designee to, in connection with the investigation or prosecution of an act of terrorism, collect, retain, disseminate, or otherwise use education records, and to do so in a manner whereby notice of the application, court order, and release of the education records is not provided to the student. Amridge University shall comply with the USA Patriot Act until it sunsets and for as long as it and any successor enactments of federal law remains effective.

Release of Information Form.

Any person requesting to review or copy student education records must submit an official Release of Information Form provided by the entity requesting the student records and signed by the student.

Amridge University Withholding Records.

Amridge University reserves the right to deny (to the fullest extent it may be permitted by law to do so) requests by a student or other persons that copies (certified or not certified) of student transcripts or other education records be provided to a student or other person in those instances in which the student has an unpaid financial obligation to the University or an unresolved disciplinary action against the respective student.

Military Requests for Directory Information.

University Compliance with the Solomon Amendment.

It is Amridge University’s present understanding that, under Title 10 of the United States Code, Section 983 (the so-called “Solomon Amendment”) and judicial interpretations thereof by courts situated within the Eleventh [Judicial] Circuit of the United States, the University is required to provide to the U.S. Department of Homeland Security, the U.S. Department of Defense, and to each of the military departments (Army, Navy, Marines, Coast Guard, etc.) access to directory information upon request. The University complies with this requirement.

Military Student Requests to Withhold Directory Information.

The University has noted that, unlike FERPA, the Solomon Amendment does not itself specifically provide for students to request that the institution withhold the release of directory information to the U.S. Military. However, the University’s experience is that military representatives generally work with institutions to whom they make requests, so as not to insist that the institution release directory information for students who have requested that the university withhold the release of directory information to third persons. Consequently, the University endeavours to honour timely student requests to withhold directory information access, even as to the U.S. Armed Forces. Yet, the University cannot, under the current, somewhat underdeveloped state of relevant law, absolutely guarantee to its students who representatives of the U.S. Armed Forces will not in the future insist upon and cause the release of directory information for students which have previously requested that access to student information by third persons be denied. However, the University shall faithfully endeavour to honor all pertinent law concerning the release of student records.

Military Student 3rd Party Requests

Requests by students who access by third persons to directory information may request either that a) access to all categories of directory information be withheld, or b) that access to only certain designated categories of directory information be withheld. Any student desiring that access by third persons to directory information concerning him or her be withheld may complete and submit to the University’s Registrar’s Office the appropriate request form. The form for this purpose is located on the University Website. Once the form is completed it should be submitted with an official (signed) signature and emailed to the registrar@amridgeuniversity.edu. Properly completed forms will be processed and honored within 45 days of the receipt of the form. However, the applicable request form does not provide for students to request that access be denied only to representatives of one or more branches of the U.S. Armed Services or U.S. Military department (and not be denied to other non-military agencies, entities, or individuals), and (unless in the future required by law) such attempted requests need not, and normally will not, be honored by the University.

  • The right to request an amendment to the student’s education record(s) the student believes is inaccurate or misleading. The student may ask the University to amend a record believed to be inaccurate or misleading by completing and submitting the appropriate request form located on the University Website. Once the form is completed it should be submitted with an official (signed) signature and emailed to the registrar@amridgeuniversity.edu. The student should write the University official responsible for the record, clearly identify the part of the record to be 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 the right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures is outlined within under the Correction of Educational Records. Procedures will be provided to the student when notified of the right to a hearing.

Correction of Education Records.

Students have the right to ask to have records corrected that they believe are inaccurate, misleading, or in violation of their privacy rights. Following are the procedures for the correction of records:

  1. A student must ask the Registrar in writing to amend or otherwise correct a record. In so doing, the student should identify the part of the record to be changed and specify why the student believes it is inaccurate, misleading or in violation of his or her privacy rights.
  2. If the University denies the request, the student will be notified of the decision and be advised of the right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student’s privacy rights.
  3. Upon request, the University will arrange for a hearing, and notify the student, reasonably in advance, of the date, place, and time of the hearing.
  4. The hearing will be conducted by a hearing officer who is a disinterested party; however, the hearing officer may be an official of the institution. The student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend or otherwise correct the student’s education records.
  5. The University will prepare a written response based solely on the relevant records and the evidence presented at the hearing. The response will include a summary of the evidence presented and the reasons for the decision.
  6. If the University decides that the challenged information is not inaccurate, misleading, or in violation of the student’s privacy rights, it will allow the student to place a statement in the record on the challenged information, reasons for disagreeing with the decision.
  7. The statement will be a part of the student’s education records as long as the contested portion is maintained. If the University discloses the contested portion of the record, it will also disclose the statement.
  8. If the University decides that the information is inaccurate, misleading, or in violation of the student’s privacy rights, it will amend the record and notify the student, in writing, that the record has been amended.
  • Privacy Act Notice.

Pursuant to the Privacy Act of 1974, students are hereby notified that disclosure of their social security numbers is mandatory for registration at Amridge University. Social security numbers are used: (1) to verify the identity of students, (2) to keep, maintain and access the records of students, and (3) for purposes of student financial aid and other benefits available under law. The University is required to report the social security numbers of its students to the Internal Revenue Service pursuant to the Taxpayer Relief Act of 1997, as amended.

QUESTIONS

Amridge makes every effort to safeguard all records. If you have any questions concerning the preceding information, please contact the Registrar’s Office at 334.387.7528 or registrar@amridgeuniversity.edu.

Federal Oversight for FERPA – Student Privacy Policy Office (SPPO)

The Student Privacy Policy Office (SPPO) leads Department efforts to protect student privacy by providing leadership, oversight, and coordination to ensure Department and field compliance with several Federal privacy laws and regulations, most notably Family Educational Rights and Privacy Act (FERPA). The office collaborates with other Federal agencies and educational technology entities with roles in protecting student privacy and provides technical assistance and training to educational agencies and institutions, including schools, LEAs, IHEs, SEAs, and other relevant organizations on issues related to compliance with privacy regulations and statutes.

Parents and eligible students who need assistance may contact us through the website listed above or through the mail:

Student Privacy Policy Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, D.C. 20202-5920

Phone: 1-800-USA-LEARN (1-800-872-5327)

FERPA.Complaints@ed.gov

Website: https://www2.ed.gov/policy/gen/guid/fpco/index.html

STATEMENT ON SAFEGUARDING STUDENT RECORDS

All Amridge University employees are required to protect the privacy of student records and abide by the following principles:

  • University Student Information System shall contain only that student data necessary to fulfill the University’s mission.
  • Safeguarding of student data shall be the responsibility of each university employee; therefore employees are trained on the latest data security best practices, as well as phishing and social engineering awareness protocols.
  • Due care shall be exercised to protect and encrypt sensitive Personally Identifiable Information (PII) student data requests through internal and external identification of authorized and unauthorized use, adherence to steps for proper disclosure, and exercised care in the destruction of student records and PII data.
  • Applicable federal and state laws, FTC cybersecurity laws, GLBA security requirements and University policies and procedures shall be followed to govern the integrity of student data.
  • Amridge University’s Network Operations Center, in coordination with the university employees, will secure physical records and electronic records using cloud services storage while also safeguarding internal use, release, transportation, retention, destruction and sanitation of student data.
  • University procedures shall be followed in reporting any breach of security or compromise of safeguards.
  • This statement of principles applies to all areas of the University and must be followed by all persons dealing with such information.
  • Faculty and staff requiring the use of sensitive computerized student data for official University business will be provided access. The term “access” means to read or view student data. It does not include the ability to create or modify data.
  • Certain areas of the University that store and maintain student data, whether computerized or not, may have additional individual procedures which will supplement, but not supplant, this statement of principles.
  • Any Amridge University employee engaging in unauthorized use, disclosure, alteration, or destruction of student data in violation of this statement of principles shall be subject to appropriate disciplinary action, including dismissal.
Accessibility by WAH