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FERPA

LINCOLN MEMORIAL UNIVERSITY

Annual Notification of Rights under FERPA

The Family Educational Rights and Privacy Act (FERPA) affords eligible students certain rights with respect to their education records. (An "eligible student" under FERPA is a student who is 18 years of age or older or a student of any age who attends a postsecondary institution.) These rights include:

  1. The right to inspect and review the student's education records within 45 days after the day LMU receives a request for access. A student should submit to the Registrar a Request to Inspect and Review Education Records that identifies the record(s) the student wishes to inspect. The Registrar will make arrangements for access and notify the student via LMU email of time and place where the records may be inspected. If the records are not maintained by the Registrar, the student will be advised of the official to whom the request has been directed.
  2. The right to request the amendment of the student's education records which the student believes is inaccurate, misleading, or otherwise in violation of the student's privacy rights under FERPA.

    A student who wishes to ask LMU to amend a record should submit to the Registrar a Request to Amend Education Records. This request should clearly identify the part of the record the student wants changed, and specify why it should be changed.

    If LMU decides not to amend the record as requested, LMU will notify the student in writing of the decision, the student's right to appeal the decision denying the request for amendment, and information regarding the appeal process. A student seeking to appeal the decision must submit a Request for FERPA Hearing to the Registrar.
  3. The right to provide written consent before LMU discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent.
  4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by LMU 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, SW
Washington, DC 20202

 

Public Notice Designating Directory Information

LMU designates the following information contained in students' education records as "directory information." Directory information may be disclosed by the university without the student's prior consent pursuant to the provisions of the Family Educational Rights and Privacy Act of 1974 (FERPA). However, the university is not required to disclose directory information and, therefore, carefully evaluates requests for information. At LMU, directory information includes the student's name, address, telephone number, email address, date and place of birth, photographs, major and minor field(s) of study, dates of attendance, class (freshman, sophomore, etc.), enrollment status (undergraduate or graduate; full or part-time), participation in officially recognized activities or sports, height and weight of student-athletes, degrees, honors (including Dean's List) and awards received, and the most recent educational agency or institution attended.

Currently enrolled students may withhold disclosure of directory information under FERPA. To withhold disclosure, students must submit a Request to Restrict Release of Directory Information to the Registrar. Former students may not submit a request to restrict disclosure of directory information on their education records, but they may request removal of a previous request for nondisclosure.

 

Below is a list of disclosures that LMU may make without student consent, in accordance with FERPA:

FERPA permits the disclosure of PII from students' education records, without consent of the student, if the disclosure meets certain conditions. A postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student -

  1. To other university officials, including professors, within LMU whom the university has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the university has outsourced institutional services or functions.
  2. To officials of another school where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student's enrollment or transfer
  3. 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 university's State-supported education programs. Disclosures under this provision may be made in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. 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, or enforcement or compliance activity on their behalf.
  4. In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid.
  5. To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction.
  6. To accrediting organizations to carry out their accrediting functions.
  7. To parents of an eligible student if the student is a dependent for IRS tax purposes.
  8. To comply with a judicial order or lawfully issued subpoena.
  9. To appropriate officials in connection with a health or safety emergency
  10. Information the school has designated as "directory information"
  11. To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding.
  12. To the general public, the final results of a disciplinary proceeding, if the school 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 him or her.
  13. To parents of a student regarding the student's violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21.

    The University is required to record disclosures, except for disclosures made to the student or disclosures made under sections a, h, and j listed above. Eligible students have a right to inspect and review the record of disclosures. To request to such review, contact the Registrar's office.

    Any questions regarding FERPA or this annual notification of rights should be directed to the Registrar.