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Students' Rights to Access Records

(Buckley Amendment - Public Law 93-380)

Morehead, Kentucky

This information is provided to notify all students of Morehead State University of the rights and restrictions regarding inspection and release of student records contained in the Family Educational Rights and Privacy Act of 1974 (Public Law 93-380) as amended.

Definitions

  1. "Eligible student" means a student who is 18 years of age or is attending an institution of postsecondary education.
  2. "Institution of postsecondary education" means an institution which provides education to students beyond the secondary school level. "Secondary school level" means the educational level (not beyond grade 12), at which secondary education is provided, as determined under state law.
  3. "University officials" include any full- or part-time administrators, faculty and staff who are employed by the University, or other person, agency or organizational personnel appointed or contracted with to act on behalf of the University or to carry out the functions necessary to fulfill the purposes of the institution. In addition, students who are serving on a disciplinary board or committee are considered to be "University officials" for purposes of access to education records.
  4. "Legitimate educational interest" is based upon a determination that access to the education records is appropriately needed by the "University official" to perform a responsibility, to evaluate a student, to obtain necessary information, to furnish necessary information or for other similar reasons.

I. Students' rights to inspection of records and review thereof:

  1. Any student or former student of Morehead State University has the right to inspect and review any and all "official records, files and data directly related to" the student. The terms "official records, files and data" are defined as including, but not limited to:
    1. Identifying data
    2. Academic work completed
    3. Level of achievement (grades, standardized achievement test scores)
    4. Attendance data
    5. Scores on standardized intelligence, aptitude and psychological tests
    6. Interest inventory results
    7. Family background information
    8. Teacher or counselor ratings and observations
    9. Verified reports of serious or recurrent behavior problems
    10. Cumulative record folder
  2. The institution is not required to make available to students confidential letters of recommendation placed in their files before Jan. 1, 1975.
  3. Students do not have the right of access to records maintained by the University's law enforcement officials.
  4. Procedures have been established by the University for granting the required access to the records within a reasonable time, not to exceed 45 days from the date of the request.
  5. The University shall provide students an opportunity for a hearing to challenge the content of their records to ensure that the records are not inaccurate, misleading or otherwise in violation of the privacy or other rights of the student.

Informal Proceedings

Morehead State University may attempt to settle a dispute with the parent of a student or the eligible student regarding the content of the student's education records through informal meetings and discussions with the parent or eligible student.

Formal Proceedings

Upon the request of either party (the educational institution, the parent or eligible student), the right to a hearing is required. If a student, parent or educational institution requests a hearing, the vice president for student life or his/her designee shall make the necessary arrangements. The hearing will be established according to the procedure delineated by the University.

II. Restrictions on the release of student records

  1. Morehead State University will not release records without written consent of the students except to:
    1. To other local educational officials, including teachers of local educational agencies who have legitimate educational interest;
    2. To officials of other schools or school systems in which the student intends to enroll, upon the condition that the student be notified of the transfer and receive a copy of the record desired, and have an opportunity to challenge the contents of the records;
    3. To authorized representatives of the Comptroller General of the United States, the Secretary of Health, Education, and Welfare, or an administrative head of an educational agency, in connection with an auditor evaluation of federally supported programs; or
    4. To parents of dependent students.
  2. Morehead State University will not furnish personal records to anyone other than the described above unless:
    1. Written consent of the student is secured, specifying the records to be released, the reasons for the release, identifying the recipient of the records and furnishing copies of the materials to be released to the student; or
    2. The information is furnished in compliance with a judicial order or pursuant to a subpoena, upon condition that the student is notified of all such orders or subpoenas in advance of compliance therewith.

III. Provisions for students requesting access to records

The student or former student must file a certified and official request in writing to the registrar of the University for each review.

IV. Provisions for authorized personnel requesting access to records

  1. Authorized personnel must provide positive identification and indicate reasons for each request for examination.
  2. Authorized personnel who have legitimate educational interests may review students' records, showing cause.
  3. Other persons must have specific approval in writing from the student for release of information. This approval must specify the limits (if any) of the request.

If you object to your directory information being released, contact the Division of Student Life, 211 ADUC, for more information.

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