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40 - PROTECTION OF PRIVACY OF INFORMATION AND ACCESS TO PERSONAL RECORDS

Public law 93-380 (also known as the Buckley Amendment, also known as the Privacy Rights of Parents and Students Section 438 of the General Education Provisions Act) permits the release of "directory information" about students without the student's written consent. "Directory information" includes: Student's name, local and permanent addresses, telephone number, college, major, classification, current enrollment status, participation in recognized student activities, dates of attendance, degrees and awards received and dates of receipt, posting of individual student's grades and interim class evaluations by code number or ID number, and anticipated date of graduation based on completed hours.

The Law provides that any student may, upon written request, restrict the printing of such personal information relating to himself/herself as is provided in "directory information." Forms for withholding student "directory information" are available in the Office of Admissions and Records, located in room 204 of the Basic Sciences Education Building. Students also have the opportunity to deny “directory information” on the course enrollment form completed the first day of the studentship experience.

The Law requires the written consent of the student for the release to anyone (including parents) of other than "directory information" with the following exceptions: (a) other school officials within the educational institution who have legitimate educational interest; (b) officials of schools to which the students seek to transfer; (c) the Comptroller General of the United States, the HEW Secretary, the administrative head of an education agency, or State educational authorities; (d) in connection with a student's application for, or receipt of, financial aid; (e) State and local officials or authorities to which such information is specifically required to be reported under State statute and adopted prior to November 19, 1974; (f) organizations or educational agencies conducting legitimate research, provided no personal identifiable information about the student is made public; (g) accrediting organizations; (h) parents of a dependent student upon proof of dependency (exclusive of international students); (i) in connection with an emergency when such information is necessary to protect the health or safety of the student or other persons; and (j) to comply with a judicial order or lawfully issued subpoena.

Personal information shall only be transferred to a third party, however, on the condition that such party will not permit any other party to have access to the information without the written consent of the student.

Under the Law, any student has the right to inspect and challenge his or her own educational file with the exception of letters of recommendations or other material when the author was guaranteed confidentiality prior to January 1, 1975. Positive identification of the student shall be required prior to such examination and the student is not guaranteed the right of privacy in examining the records or the right to remove them.

Each educational institution is required by the Law to maintain a record, kept with the educational records of each student, which will indicate all individuals, agencies, or organizations (other than those specified as having access without the student's written consent) having obtained access to the student's record (AMENDED AND REISSUED August 1, 1983).

Student records are maintained in the Departmental Office (as well as some in the Office of Student Affairs of the College of Allied Health). A student may review his Departmental file/records at any time in the presence of the Program Director or Departmental Chairperson. In very busy times, the student may be asked to wait 24 hours before an appropriate time may be found for such a review. It is never the intent to withhold any information from the student.

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