Right to know

The Family Educational Rights and Privacy Act (FERPA) [back to top]

The Family Educational Rights and Privacy Act
The United States Congress passed the Family Educational Rights and Privacy Act (FERPA) in 1974 to afford certain rights to students concerning their educational records. The act gives students who attend a postsecondary school such as LDS Business College the right to inspect and review their education records, the right to seek to have their records amended and the right to have some control over the disclosure of information from the records.

FERPA applies to the academic records of persons who are, or have attended LDS Business College, including students in continuing education programs sponsored by the College. FERPA does not apply to records of applicants who are denied admittance or, if accepted, do not attend LDS Business College.

The act applies to all academic records maintained by the College and/or by parties acting for LDS Business College that are directly related to a student. Records containing a student’s name, Social Security number or other personally identifiable information, in whatever medium, are covered by FERPA unless identified in one of the act’s excluded categories.

The Dean of Students ensures College compliance with this policy. Responsibility for administering the act by the federal government has been assigned to the Family Policy Compliance Office within the United States Department of Education. This office reviews and investigates complaints and attempts to bring compliance through voluntary means.

Record Disclosure Without Written Consent [back to top]
LDS Business College will disclose student academic records without the written consent of a student in the following limited circumstances:
• To school officials and to specified agents of the College who have a legitimate educational interest in the records.
• To officials of another school, on request, in which the student seeks or intends to enroll.
• To certain officials in the U.S. Department of Education, the Comptroller General, and state and local educational authorities, in connection with certain state or federally supported education programs.
• To Immigration and Naturalization Services (INS) for international students in connection with the Student and Exchange Visitors Information System (SEVIS).
• In connection with a student’s request for, or receipt of, financial aid as necessary to determine eligibility, amount, or conditions of the financial aid, or to enforce the terms or conditions of the aid.
• As required by state disclosure law, that was adopted before November 19, 1974.
• To organizations conducting certain studies for or on behalf of LDS Business College. These studies may not permit the personal identification number of any student by anyone other than the organizations’ representatives. Additionally, all information provided must be destroyed by the requesting organizations when no longer needed for the proposed studies.
• To accrediting organizations to carry out their functions.
• To parents of an eligible student who claim the student as a dependent for income tax purposes. Parents requesting information from a student’s file shall be responsible to demonstrate that the student in question is a dependent pursuant to Section 152 of the Internal Revenue Code. If parents are divorced, either parent may have access as long as that parent proves the student is a dependent of one parent, and no court orders ban the parent’s access to information on the student. Stepparents can have access as long as the student is a dependent for tax purposes for the previous year.
• To comply with a judicial order or a lawfully issued subpoena in which case the order or subpoena shall be directed to the College’s legal counsel for review prior to dissemination of the educational record. LDS Business College will make a reasonable attempt to notify the student in advance of the disclosure when non-directory information is released in response to subpoenas or court orders.
• To appropriate parties in cases of a health or safety emergency.
• The result of disciplinary proceedings conducted by LDS Business College with respect to an alleged perpetrator of a crime of violence to the alleged victim of that crime.
• Directory information as designated by LDS Business College. The College has designated the following student information as directory information that it may disclose to the public without the consent of the student:

Directory Information [back to top]
Name
Addresses and telephone numbers
E-mail address
Place of birth
Names of parents or spouse
Major and minor fields of study
Participation in officially recognized activities and sports
Current class schedule
Pictures
Dates of attendance (current and past)
Number of months/semesters enrolled
Class standing (freshman, sophomore)
Total hours earned
Enrollment status (full-time, part-time, less than half-time)
Degrees and awards received
Previous educational institutions attended
Anticipated future enrollments
Course registrations prior to the beginning of a semester or term
Expected date of graduation
Deferred registration eligibility
Religious affiliation to a student’s local church or congregation.

Right to Restrict Access to Directory Information [back to top]
Students have the right to restrict disclosure of directory information. To request restriction of disclosure, students must file a written request on or before the tenth day of a semester or the sixth day of a term. Forms for this request are available in the Office of the Registrar. By requesting to have directory information restricted, students should understand that the Registration Office will make every effort to prevent their name, address, and telephone number from being released. College offices are instructed not to release the information to any person including friends or relatives, even if the restricting student wants them to locate him or her. Students restricting their records must understand that this restriction will not apply to financial institutions or agencies that request a verification of restricted students’ enrollment since such restriction may cause a default on a student loan or may make restricted students ineligible for financial assistance. Additionally, this information would still be made available to other LDS Business College departments.

Students restricting their records should also understand that this is a service provided by the Registration Office and that there is no guarantee that people cannot find a restricted student through devious means or misrepresentation.

Restrictions will hold for one year and can be renewed by following the same procedure noted above.
To remove the restriction on directory information, students must bring proof of identification to the Registration Office and request that the restriction be removed.

Rights to Access Records [back to top]
LDS Business College encourages students to exercise all of their rights under FERPA. Since the student’s academic records will be repeatedly used by College officials and others to make important decisions affecting the student’s academic program and future career, the student should make certain the record is complete and accurate.

Students have the right to:
• Inspect and review educational records.
• Exercise control, with some limitations, over disclosure of information contained in their educational records.
• Correct errors or omissions in their academic records; have a hearing when they believe that their records are inaccurate, misleading, or in violation of their privacy rights.
• Obtain information concerning their FERPA rights.
• Report violations of FERPA to the Family Educational Rights and Privacy Act Office, U.S. Department of Education, Washington DC 20202, if LDS Business College violates the law.

Eligible students, admitted and enrolled at the College, generally have the right to:
1. Inspect and review their educational records within a reasonable period of time upon submitting to the appropriate department managing their educational records a written request, with proof of identification, specifying the records to be inspected. The department will notify the student of the time and place the records may be inspected.
2. Petition LDS Business College to amend or correct any part of the education record believed to be inaccurate, misleading, or in violation of their privacy rights. Students may submit a written request to the department holding the record, clearly identifying the part of the record they want changed, and specify why it is inaccurate or misleading. If the department decides not to amend the record as requested, the department will notify the student of the decision and advise them of his/her right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures as outlined in the College appeal policy will be provided to the student when notified of the right to a hearing.
3. Consent to disclosure of personally identifiable information contained in the student’s educational record, except as otherwise authorized by law. Examples of exceptions to consent of disclosure include:
a. Access of educational records by LDS Business College officials and agents having a legitimate educational interest in the records. This category generally includes any College official or agent who accesses student educational records for the purpose of performing a task or responsibility relating to his or her employment or professional responsibility at the College. These individuals may include faculty, administration, staff, and other College agents who manage student educational record information including, but not limited to, student education, discipline, or financial aid.
b. Parents who establish the student’s dependency for federal income tax purposes.
c. Upon request, LDS Business College will disclose educational records without consent to officials of another college or university to which the student seeks or intends to enroll.
LDS Business College reserves the right to refuse to permit a student to inspect the following records:
• The financial statements and tax returns of the student’s parents.
• Letters and statements of recommendation that the student has waived his or her right to access, or which were placed in the file before January 1, 1975.
• Records connected with an application to attend LDS Business College or a component of the College if that application was denied.
• Those records not defined by FERPA as educational records.

LDS Business College reserves the right to deny access to students’ academic records in any of the following situations:
• The student has an unpaid financial obligation to the College.
• There is an unresolved disciplinary action against the student.
• There is an unresolved litigation between the student and the College.
• The student has failed to comply with the decision of the LDS Business College Housing Committee.
• Other cases as determined by College policy on registration and academic holds or as determined appropriate by the College.
The College reserves the right to deny access to other records not considered to be academic records:
• Records that are made by faculty, staff, administrative, or auxiliary personnel for personal use, which are unavailable to unauthorized individuals. These personal notes are to be referred to in departmental and administrative records policies as “sole possession” records.
• An employment-related record that does not result from student status. (Employment records for a student hired for positions unrelated to academic performance are not academic records, provided the record is used only in relation to employment.)
• College security records created and maintained by College security and administration for law enforcement purpose. Law enforcement records do not include records generated by a component of the College other than the Security unit.
• Parents’ confidential financial statements, income tax records, and reports received by the university.
• Records maintained by LDS Business College Dean of Students covering counseling services.
• Alumni records that do not relate to the person as a student.
Students who feel LDS Business College has not complied with the requirements of FERPA can file a complaint with the U.S. Department of Education. The office that administers FERPA is Family Policy and Compliance Office, U.S. Department of Education, 400 Maryland Avenue SW, Washington, D.C. 20202-4605, www.ed.gov/offices/om/fpco.

Fees for Copies of Records [back to top]
The fee for copies of records will be $.50 per page unless otherwise specified. LDS Business College will not charge for search and retrieval of the records; however, it may charge for copying time and postage.

Access by Others to Student Records [back to top]
For a parent to gain access to their student’s records (i.e. transcripts, GPA, Verifications, etc.) a parent must fill out a dependency statement that is obtained in the Registrars Office. To be considered a dependent, the student must be claimed on the parent’s last year’s income tax statement. In addition the parent must pay half of the student’s expenses.

In the case of divorce, either parent may have access as long as the student was claimed as a dependent of one of the parents and no court orders ban parental access to the student’s information.

Individuals beyond those previously discussed who have need to access student records may do so if given a written authorization dated and signed by the student whose records are in question. This written statement must contain consent for a specific individual to gain access to the student’s records. The individual must come to the Registrar’s Office with the written authorization and proof of identification for access to the records.

Transcript Requests [back to top]
All requests for transcripts are made through the Registrar’s Office. To request transcripts, students must show picture identification and fill out and sign a transcript request form. Students also can make requests by mail or fax without picture identification as long as the request is signed.

Educational Records and Campus Services: Types and Contact Number [back to top]

Item	Office	Telephone
Academic Records/Registration	Registrar	524-8140
Accreditation, School & Programs	Vice President, Academic Affairs	524-8160
Admissions	Admissions	524-8157
Catalog	College Bookstore	524-8130
Course Progress	Instructors	524-8166
Crime Statistics, Campus	Vice President, Administration	524-8102
Disability/ADA	Dean of Students	524-8140
Federal Student Aid Return of Funds	Director of Financial Aid	524-8110
FERPA Rights	Registrar	524-8140
Financial Aid & Eligibility	Director of Financial Aid	524-8110
Graduation	Graduation Coordinator	524-8148
International Student Office	International Student	524-8175
Honor Code Issues	Dean of Students	524-8154
Jobs/Employment	Career Services Center	524-8156
Program Progress	Academic Advisors	524-8166
Registration	Registrar	524-8140
Scholarships	Scholarship Office	524-8144
Transfer Evaluation	Evaluation Officer	524-8148
Tuition and Fees	Cashiers Office	524-8143
Withdrawal from College	Registrar	524-8140

For education records not listed above, the Dean of Students will collect the records, direct the student to their location, or otherwise make them available for inspection and review.

LDS Business College Notification Requirements
LDS Business College provides annual notification to currently enrolled students concerning their rights under FERPA. To meet this requirement, LDS Business College publishes a summary of students’ rights in its annual Standards Book. It also publishes the summary in the online version of the General Catalog and in the printed version of the catalog.