Family Education Rights and Privacy Act (FERPA)

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.

The purpose of FERPA and this statement is to set out requirements for the protection of privacy of students who have attended AVTEC, access to educational records directly related to them, AND to protect the information contained within those files from unauthorized persons.

FERPA affords students certain rights with respect to their education records. These rights are:

    1. The right to inspect and review the student's education records within 45 days of the day AVTEC receives a request for access. Students should submit to the Student Records Clerk written requests that identify the record(s) they wish to inspect. The Student Records Clerk will make arrangements for access and notify the student of the time and place where the records may be inspected.
    2. The right to request the amendment of the student's education records that the student believes is inaccurate or misleading. Students may ask AVTEC to amend a record that they believe is inaccurate or misleading. They should write to the Student Records Clerk responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. The Student Records Clerk will forward a copy of the student’s statement to the party that submitted the information, and a copy to the Deputy Director. If AVTEC decides not to amend the record as requested by the student, the Student Records Clerk, at the advisement of the Deputy Director and/or party that submitted the information, will notify the student of the decision and advise the student of his or her 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.
    3. The right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent (see Directory of Disclosed Information below). One exception, which permits disclosure without consent, is disclosure to school officials with legitimate educational interests. A school official is defined as a person employed by AVTEC in an administrative, supervisory, academic, or support staff position (including law enforcement unit and health staff); a person or company with whom AVTEC has contracted (such as an attorney, auditor, or collection agent); a person serving on the Advisory Boards; or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility. Upon request, AVTEC discloses education records without consent by the student to officials of another school in which a student seeks or intends to enroll.
    4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by AVTEC 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, S.W., Washington, DC 20202-4605

Disclosure of AVTEC records means information contained in an education record of a student which would not generally be considered harmful or an invasion of privacy. It includes and is limited to:

•student's name, student’s current mailing address and telephone number 

•training program(s) attended 

•dates of attendance 

•certificates received 

Disclosure of the above information may be given to anyone who inquires WITHOUT the consent of the student unless the institution has written notice, from the student, to withhold said information.

Disclosure means to permit access to or the release, transfer, or other communication of personally identifiable information contained in education records to any party, by any means, including oral, written, or electronic means.

Students may withhold Directory Information by completing the “Request for Nondisclosure of Directory Information” to the Student Records Clerk. This form may be obtained from the Student Records Clerk. Requests to withhold Directory Information are in effect until rescinded in writing by the student.

 

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