Buckley Amendment
The Family Educational Rights and Privacy Act of 1974 (FERPA), commonly known as the Buckley Amendment, was passed by Congress in 1974. FERPA affords students over 18 years of age certain rights with respect to the student’s education records. They are:
1) The right to inspect and review the student’s education records within 45 days of the day the University receives a request for access. Students should submit to the registrar, dean, head of the academic department, or other appropriate official, a written request that identifies the record(s) they wish to inspect. The university official will make arrangements for access and notify the student of the time and place where the record(s) may be inspected. If the records are not maintained by the university official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
2) The right to request the amendment of the student’s education records that the student believes are inaccurate or misleading. Students may ask the University to amend a record that they believe is inaccurate or misleading. They should write to the appropriate university official, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading. If the University decides not to amend the record as requested by the student, the University will notify the student of the decision and advise them of their 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.
3) The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. One exception, which permits disclosure without consent, is disclosure to university officials with legitimate educational interests. A university official is a person employed by the institution as an administrator, supervisor, instructor, or support staff member (including health or medical staff and law enforcement personnel); a person serving on the Board or Trustees; a person or company with whom the institution has contracted to perform a special task (such as an attorney, auditor, medical consultant, or therapist); or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting 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 in order to fulfill his or her professional responsibility. Upon request, the institution discloses education records without consent to officials at another institution in which a student seeks or intends to enroll. (NOTE: FERPA requires an institution to make a reasonable attempt to notify the student of the records request unless it states in its annual notification that it intends to forward records on request.)
FERPA grants the right to file a complaint with the U.S. Department of Education concerning alleged failures by the institution to comply with the requirements of FERPA.
The name and address of the office that administers FERPA are:
Family Policy Compliance Office
U.S. Department of Education
600 Independence Avenue, SW
Washington, D.C. 20202-4605
For more information on FERPA, refer to the Student Affairs Handbook,
Section IV, or contact the Student Mediation Center at (806)
742-3289.