Notification of Rights under FERPA for Postsecondary Institutions

The Family Educational Rights and Privacy Act (FERPA) afford 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 who attends a postsecondary institution.) These rights include:

The right to inspect and review the student's education records

The eligible student has the right to inspect and review the student's education records within 45 days after the day Morehead State University receives a request for access. A student should submit to the registrar, dean, head of the academic department, or other appropriate official, a written request that identifies the record(s) the student wishes to inspect. The school official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the school official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.

The right to request the amendment of the students education records

The eligible student has the right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.

A student who wishes to ask the school to amend a record should write the school official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed.

If the school decides not to amend the record as requested, the school will notify the student in writing of the decision and the student’s 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.

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 Success or his/her designee shall make the necessary arrangements. The hearing will be established according to the procedure delineated by the University.

The right to provide written consent before the university discloses personally identifiable information

The eligible student has the right to provide written consent before the university discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent.

The school discloses education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by Morehead State University 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 regents; or a student serving on an official committee, such as a disciplinary or grievance committee. A school official also may include a volunteer or contractor outside of Morehead State University who performs an institutional service of function for which the school would otherwise use its own employees and who is under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, collection agent, a hosted software company or a verification agency.

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 responsibilities for the University.

The right to file a complaint

The eligible student has the right to file a complaint with the U.S. Department of Education concerning alleged failures by Morehead State University to comply with the requirements of FERPA. To file a complaint, the student should contact the Family Policy Compliance Office at the following address:

Family Policy Compliance Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC 20202