Family Educational Rights and Privacy Act Notice (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 learner who is 18 years of age or older or who attends a postsecondary institution. These rights include:

The right to inspect and review the learner’s educational records within 45 days of the day CalSouthern receives a request for access. Learners should obtain a Request to Inspect and Review Education Records form to the Office of the Registrar. Once completed, it should be submitted to that office. A University official will make arrangements for access and notify the learner of the time and place where the record(s) may be inspected. Learners are not entitled to inspect and review financial records of their parents. If records are not maintained by the University official to whom the request was submitted, that official shall advise the learner of the correct official to whom the request should be addressed. In place of inspecting the record(s), the learner may request that they be copied and mailed to the learner. In this case, the learner will pay a per copy fee of 20 cents per page in addition to postal costs.
The right to request the amendment of the learner’s education records that the learner believes are inaccurate, misleading, or otherwise in violation of the learner’s privacy rights under FERPA. A leaner who wishes to ask the school to amend a record should write to the Office of the Registrar, clearly identifying the part of the record they want changed and specify why it should be changed. If CalSouthern decides not to amend the record as requested, CalSouthern will notify the learner in writing of the decision and the learner’s right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the learner when notified of the right to a hearing.
The right to provide written consent before CalSouthern discloses personally identifiable information from the learner’s education records, except to the extent that FERPA authorizes disclosure without consent. CalSouthern discloses education records without a learner’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A University official is a person employed by the institution in an administrative, supervisory, academic, research or support staff position (including law enforcement unit personnel and health staff); a person serving on the board of trustees; or a learner serving on an official committee, such as a disciplinary or grievance committee. A University official also may include a volunteer or contractor outside of CalSouthern who performs an institutional service or function for which the University would otherwise use its own employees and who is under the direct control of the University with respect to the use and maintenance of education records, such as an attorney, auditor, or collection agent or a learner volunteering to assist another University official in performing his or her tasks. A University official has a legitimate educational interest if the official needs to review an education record to fulfill his or her professional responsibilities for the institution.

Parental access to a learner’s record will be allowed by CalSouthern without prior consent if: (1) the learner has violated a law or the institution’s rules or policies governing alcohol or substance abuse, if the learner is under 21 years old; or (2) the information is needed to protect the health or safety of the learner or other individuals in an emergency. Upon request, the University also discloses education records without consent to officials of another school in which a learner seeks or intends to enroll.
The right to file a complaint with the U.S. Department of Education concerning alleged failures by CalSouthern to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is Office of the Chief Privacy Officer, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202.

Below is a listing of the disclosures that postsecondary institutions may make without consent:

FERPA permits the disclosure of education records, without consent of the learner, if the disclosure meets certain conditions found in the FERPA regulations. Except for disclosures to University officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the learner, FERPA regulations requires the institution to record the disclosure. Eligible learners have a right to inspect and review the record of disclosures. A postsecondary institution may disclose education records without obtaining prior written consent of the learner in the following instances:

To other school officials, including teachers, within CalSouthern whom the University has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions.
To officials of another school where the learner seeks or intends to enroll, or where the learner is already enrolled if the disclosure is for purposes related to the learner’s enrollment or transfer.
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 institution’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 to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement of compliance activity on their behalf. In connection with financial aid for which the learner has applied or which the learner 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.
To comply with a judicial order or lawfully issued subpoena.
To appropriate officials in connection with a health or safety emergency.
Information the University has designated as “directory information” may be released at the school’s discretion. CalSouthern has defined directory information as the learner’s name, address(es), telephone number(s), e-mail address, birth date and place, program undertaken, dates of attendance, honors and awards, photographs, learner IDs, and credential awarded. If a learner does not want his or her directory information to be released to third parties without the learner’s consent, the learner must present such a request in writing to the Office of the Registrar within 45 days of the learner’s enrollment or by such later date as the University may specify. Under no circumstance may the learner use the right to opt out to prevent the institution from disclosing that learner’s name, electronic identifier, or institutional e-mail address in a class in which the learner is enrolled.
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.
To the general public, the final results of a disciplinary proceeding if the school determines the learner is an alleged perpetrator of a crime of violence or non-forcible sex offense and the learner has committed a violation of the school’s rules or policies with respect to the allegation made against him or her. To parents of a learner regarding the learner’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 learner committed a disciplinary violation and the learner is under the age of twenty-one