The Family Educational Rights and Privacy Act (FERPA) affords any individual who is or has been a student at Erikson Institute certain rights with respect to their educational records. Education records are records maintained by the Institute via documents, computer files, or other materials that contain information directly related to a student.
Student rights under FERPA
The right to limit or allow access to personally identifiable information contained in the student’s education records.
FERPA authorizes disclosure of what is considered directory information for all student records without consent if no modifications to access are made.
Directory information includes name, degree or certificate program, class, participation in activities, dates of attendances, degrees or awards received, and the most recent previous educational agency or institution attended. An annual notification of FERPA policies shall be made available to students and shall include the types of education records and information designated by Erikson Institute as directory information.
Directory information may be released to the following person(s) or for the following reason(s) without consent:
- School officials who have a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility;
- Other schools to which a student is transferring;
- Specified officials for audit or evaluation purposes;
- Appropriate parties in connection with financial aid to a student;
- Organizations conducting certain studies for or on behalf of the school;
- Accrediting organizations;
- To comply with a judicial order or lawfully issued subpoena;
- To military recruiters under the Solomon Act;
- Appropriate officials in cases of health and safety emergencies; and
- State and local authorities, within a juvenile justice system, pursuant to specific State law.
Limiting Access to Directory Information
Any student who does not desire inclusion of some or all of directory information in the Institute directories or other dissemination of the information by the Institute should notify the Registration and Student Records Office in writing no later than October 1 of each academic year concerned. Students may not prohibit the verification of attendance or of the awarding or lack of awarding of a degree or certificate, nor may they prohibit Erikson school officials from gaining access to information used in a professional capacity.
Allowing Access to Educational Records
Educational records, excluding directory information, are only accessible to third-parties with the written permission of the student, with the exception of Erikson school officials. Also in cases of death, the executor of the estate is allowed full access to student records with appropriate documentation.
Exemptions to Educational Records
The following documents are not educational records for the purposes of FERPA:
- Records kept in the possession of the maker that are used only as a personal memory aid and not accessible to any other person;
- Employment records related solely to a student’s capacity as an employee of the Institute, except where a current student is employed based on student status (e.g., work-study, graduate assistantship, etc.);
- Records maintained for compliance with local law enforcement;
- Medical and mental health records made, maintained, or used by professionals in connection with the treatment of a student that are available only to persons providing treatment; and
- Records with information about an individual created after she/he is no longer a student at the Institute.
The right to inspect and review the student’s education records.
Students should submit to the dean of Enrollment Management a written request that identifies the record(s) they wish to inspect. The appropriate official will make arrangements within 45 days of the receipt of request for access and notify the student of the time and place where the records may be inspected. If the official to whom the request was submitted does not maintain the records, the student will be advised of the correct official to whom the request should be addressed. Copies of any records or portions of records may be provided to the student on request for a fee that covers the Institute’s costs of copying.
Note: Letters of recommendation written for students’ files prior to January 1, 1975, will remain confidential and will not be revealed to students under any circumstances. Students may have access to letters written after January 1, 1975, unless they have signed a waiver of their right to read confidential recommendations.
The right to request the amendment of the student’s education record(s) if believed to be inaccurate or misleading.
A student may ask Erikson Institute to amend a record that she/he believes is inaccurate or misleading. The student should write to the Erikson Institute official responsible for the record, clearly identify the part of the record she/he wants changed, and specify why it is inaccurate or misleading.
If Erikson Institute decides not to amend the record as requested by the student, the student will be notified of the decision and advised 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.
Notwithstanding the outcome of such a hearing, if the student wishes to insert a written explanation respecting the content of the disputed record into the record, such written explanation will be accepted and included in the record.
The right to file a formal complaint with the U.S. Department of Education concerning alleged failures by Erikson Institute in FERPA compliance.
Complaints regarding alleged FERPA violations should be addressed as follows:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-4605