Family Educational Rights and Privacy Act

FERPA

Family Educational Rights and Privacy Act

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) was amended by Congress in 1998, allowing institutions to notify the parents of students under the age of 21 when a student commits a drug or alcohol violation. The University of Arkansas has taken the stance that parents can serve as effective partners in the reduction, prevention and education of students regarding alcohol and drugs. The University of Arkansas has therefore implemented the following parental notification policy:

The Office of Student Standards & Conduct may notify parents/legal guardians when a student is found to have violated the University of Arkansas Code of Student Life in reference to the use/abuse of alcohol and/or drugs when a student is under the age of 21. Notification may occur in the case that one or more of the following situations occur:

  • When a student represents a danger to him/herself or others while under the influence of alcohol or drugs. (Including, but not limited to alcohol poisoning, fighting on campus, hospitalization, medical transport, driving while under the influence)
  • When a student has engaged in repeated violations of the university's alcohol or drug policy.
  • When the Office of Student Standards & Conduct determines that another violation of the alcohol or drug policy will, more than likely, result in the student's separation from the university or removal from university housing.
  • When it appears that a student's use or abuse of alcohol or drugs negatively interferes with their academic life or the community in which they live.
  • When a student is taken into custody by law enforcement due to their activity or behavior while under the influence of drugs or alcohol.

When appropriate, the student will be allowed the first opportunity to make contact with a parent or legal guardian prior to and/or in addition to a representative from the Office of Student Standards & Conduct. In cases where a student has been transported to a medical facility, notification will occur immediately. All notifications will be coordinated through the Office of Student Standards & Conduct and the Department of Residential Life in applicable cases. All notifications will be inclusive of a listing of campus and community based services that may be available to the student. The Office of Student Standards & Conduct reserves the right to make notifications on a case-by case basis.

Exceptions to the policy:

When possible, there will be an opportunity for a student to submit information that clearly demonstrates that notification will do more harm than good.

 

Release of Student Information

In accordance with the Family Educational Rights and Privacy Act of 1974 (FERPA) also known as the Buckley Amendment, post secondary students enrolled at the University of Arkansas and former students are hereby notified of their rights with respect to their education records.

Frequently asked questions:

1. What is FERPA?

The Family Educational Rights and Privacy Act is the primary law that protects the confidentiality of students records in educational affords student certain rights concerning their student educational records.

  • You have the right to gain access to and seek amendment to inaccurate information contained in your educational records.
  • You have the right to disclose your personal educational records to whom you deem necessary.
  • You have the right to file a complaint with the FERPA Office in Washington.

2. What are "educational records"?

Educational records are defined as ALL records that are:

  • Any record related to current or former student
  • Records that are maintained by the institution or staff member of the institution
  • Records that are maintained in any format

Examples may include:

  • Grades
  • Enrollment Records
  • Schedules
  • Class Lists
  • Personal Identification Numbers
  • Social security numbers
  • Judicial Records

3. What types of records are NOT Educational Records?

  • Campus Police Records maintained only for law enforcement purposes
  • Employment Records that are not a result of a student's status as a student
  • Medical Records: for more information on privacy as it relates to medical records see HIPPA on the Health Centers Website
  • Post-Attendance Records
  • Unsuccessful applicants records: record of student who were not admitted to the University

4. When can disclosure of my records occur without my consent?

  • Records can be disclosed to institution Officials with a legitimate need to know
  • Records can be released as the result of a judicial order or lawfully issued subpoena
  • To appropriate parties where there is a legitimate health or safety concern. Parties who may obtain records in this situation are, parents, Department of Police or Public Safety, Pat Walker Health Center
  • Officials of another school where a student seeks to enroll
  • In connection with financial aid for which a student has applied for or will receive
  • To certain governmental officials in connection with state or federal education programs
  • To attorneys representing the University of Arkansas

5. How can I provide consent for someone to access my records?

  • The Office of Student Standards & Conduct will provide a form for students to fill out to that will allow members of the office to speak with others that you would like to have access to your information. If you would like to provide information that is not housed in OSSC, you must contact that office individually to make arrangements.
  • OSSC FERPA Release Form

6. I would like to share my records with a spouse, parents, attorney, prospective employer, etc.? You must first provide information regarding:

  • What records you would like to release
  • Whom you would like for the records to be released to
  • The period of time for which the records can be released
  • You must sign a date a form for your records

A Family Educational Rights to Privacy Act (FERPA) Release form can be located on our webpage under the resources/documents link.