Family Educational Rights and Privacy Act Policy
The Family Educational Rights and Privacy Act of 1974, as amended (the “Act”), is a federal law which requires that Studio School (a) establish a written institutional policy setting forth the rights granted by the Act, and (b) make available a statement of procedures covering such rights. The school shall maintain the confidentiality of Education Records in accordance with the provisions of the Act and shall accord all the rights under the Act to eligible students who are or have been in attendance at the school.
The rights of privacy provided herein are accorded to all students who are or have been in attendance at the school. The rights do not extend to persons who have never been admitted to the school. A student who has been in attendance at one component of the school does not acquire rights with respect to another component of the school to which the student has not Studio School I.4 CATALOG addendum Studio School been admitted. A “component” is an organizational unit, which has separately administered admissions and matriculation policies and separately maintains and administers Education Records.
RIGHTS OF INSPECTION
The Act provides students with the right to inspect and review information contained in their Education Records, to challenge the contents of those Records which students consider to be inaccurate, misleading, or otherwise in violation of their privacy or other rights, to have a hearing if the outcome of the challenge is unsatisfactory, and to submit explanatory statements for inclusion in their Education Records if the decision of a hearing officer or panel is unacceptable. The Director of Student Services/Registrar of Studio School has been assigned the responsibility to coordinate the inspection and review procedures for Education Records.
EDUCATION RECORDS: DEFINITION
The term “Education Records” encompasses all recorded information, regardless of medium, which is directly related to a student and which is maintained by the school. Education Records include, but are not limited to, admissions, personal, academic, certain personnel, financial aid, cooperative education, and placement records, and may also include appropriate information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community. The term “Education Records” does not include the following:
- Records of instructional, supervisory, and administrative personnel, and ancillary educational personnel that are in the sole possession of the maker and are not accessible or revealed to any other individual except a substitute who may temporarily perform the duties of the maker;
- Records of a law enforcement unit of the school, which are maintained separate from Education Records, are maintained solely for law enforcement purposes, and are not disclosed to individuals other than law enforcement officers of the same jurisdiction, provided that Education Records of the school may not be disclosed to the law enforcement unit;
- Records relating to individuals who are employed by the school that are made and maintained in the normal course of business, relate exclusively to individuals in their capacity as employees and are not available for another purpose.
- Note: Employment records of persons who are employed solely as a consequence of school attendance, e.g., teaching/graduate assistants, workstudy students, student interns, are Education Records.
- Records created and maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional, acting or assisting in a professional capacity, such as student health records, to be used solely in connection with the provision of treatment to the student and not disclosed to anyone other than for treatment purposes, provided that records may be disclosed to a physician or professional of the students’ choice.
Note: Treatment in this context does not include remedial education activities or other activities, which are part of the program of instruction at the school.
- Records of an institution which contain only information relating to a person after that person is no longer a student at the institution; e.g., accomplishments of alumni.
REQUEST FOR REVIEW
Students who desire to review their Education Records must present a written request to the Director of Student Services/Registrar, listing the item or items to be reviewed. Only those Education Records subject to inspection under this policy will be available for review. The items requested which are subject to review shall be made available for review no later than 45 calendar days following receipt of a written request. Students have the right to a copy of an Education Record which is subject to review when failure to provide a copy of the Record would effectively prevent the student from inspecting and reviewing the Education Record, as determined in the reasonable discretion of the school. A copy of an Education Record otherwise subject to review may be refused if a “hold” for nonpayment of financial obligations exists. Copies shall be made at the student’s expense. The fee for making copies of an Education Record is $1 per page and must be paid at the time copies are requested.
LIMITATIONS ON STUDENT RIGHTS
There are some limitations on the rights to inspect Education Records. Students shall have no right of inspection or review of:
- Financial information submitted by their parents;
- Education Records containing information about more than one student. In such a case the school will permit access only to that part of the Education Record pertaining to the inquiring student.
WAIVER OF STUDENT RIGHTS
A student may waive any or all of his/her rights under this Policy. The school does not require waivers and no institutional service or benefit shall be denied a student who fails to supply a waiver. All waivers must be in writing and signed by the student. A student may waive his/her rights to inspect and review either individual documents (e.g., a letter of recommendation) or classes of documents (e.g., an admissions file). The items or documents to which a student has waived his/ her right of access shall be used only for the purpose for which they were collected. If used for other purposes, the waiver shall be void and the documents may be inspected by the student. A student may revoke a waiver in writing, but by revoking it, the student does not regain the right to inspect and review documents collected while the waiver was validly in force.
No person outside of the school shall have access to, nor shall the school disclose any personally identifiable information from a student’s Education Records without the written consent of the student. The consent must specify the Education Records to be disclosed, the purpose of the disclosure, the party or class of parties to whom disclosure may be made, and must be signed and dated by the student. A copy of the Education Record disclosed or to be disclosed shall be provided to the student upon request. There are exceptions to this consent requirement. The school reserves the right, as permitted by law, to disclose Education Records or components thereof without written consent to:
- “school officials” who have a “legitimate educational interest.” “school officials” shall mean any person employed by the school in an administrative, supervisory, academic, or support staff position; officer of the school or a member of the Board of Directors; or, person or entity employed by or under contract with the school to perform a special task (e.g. attorney, auditor, or collection agent). “Legitimate educational interest” shall mean any authorized interest, or activity undertaken in the name of the school for which access to an Education Record is necessary or appropriate to the proper performance of the undertaking, and shall include, without limitation: performing a task that is specified in or inherent to any school official’s position description or contract; performing a task related to a student’s education; performing a task related to the discipline of a student; providing a service or benefit relating to the student or student’s family, such as health care, counseling, job placement or financial aid; and maintaining the safety and security of the Studio School campus and facilities.
- Officials of other educational agencies or institutions in which a student seeks to enroll.
- Officials of other educational agencies or institutions in which the student is currently enrolled.
- Persons or organizations providing student financial aid in order to determine the amount, eligibility, conditions of award, and to enforce the terms of the award.
- Accrediting organizations carrying out their accrediting functions.
- Authorized representatives of the Comptroller General of the United States, the Secretary of the U.S. Department of Education, and state or local educational authorities, only if the information is necessary for audit and evaluation of federal, state, or locally supported programs and only if such agencies or authorities have a policy for protecting information received from redisclosure and for destroying such information when it is no longer needed for such purposes (unless access is authorized by federal law or student consent).
- State or local officials to whom disclosure is required by state statute adopted prior to November 19, 1974.
- Organizations conducting studies for or on behalf of educational agencies or institutions to develop, validate, and administer predictive tests, to administer student aid programs, or to improve instruction, so long as there is no further external disclosure of personally identifiable information and the information is destroyed when no longer necessary for the projects.
- Persons in order to comply with a judicial order or a lawfully issued subpoena, provided a reasonable effort is made to notify the student in advance of compliance.
- Appropriate persons in a health or safety emergency if the information is necessary to protect the health or safety of the student or other individuals.
- An alleged victim of any crime of violence (as that term is defined in section 16 of title 18, United States Code), but only the results of any disciplinary proceeding conducted by the school against the alleged perpetrator of such crime with respect to such crime.
- With respect to appropriate information concerning disciplinary action taken against a student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community, to teachers and school officials within the agency or institution who the agency or institution has determined have legitimate educational interests in the behavior of the student or to teachers and school officials in other colleges who have been determined to have legitimate educational interests in the behavior of the student.
- To the Attorney General of the United States or his designee in response to an ex parte order, based on “specific and articulable facts” that the education records sought are relevant, in connection with the investigation or prosecution or terrorist crimes. With respect to items b. and c., above, the student shall be entitled to receive a copy of any disclosed Education Record upon request.
INSTITUTIONAL RECORD OF DISCLOSURE
The school shall keep a written record of all Education Record disclosures and the student shall have the right to inspect such record. The record shall include the names of parties or agencies to whom disclosure is made, the legitimate reason for the disclosure, and the date of the disclosure. No record of disclosure shall be required for those disclosures made to a student for his/her own use, disclosures made with the written consent of a student, disclosures made to a “school official” with a “legitimate educational interest,” disclosures of “Directory Information,” for disclosures to persons or parties identified in the section entitled “Consent Provisions,” item 6, for purposes of auditing the school’s record keeping practices, or disclosures made to federal law enforcement officials in connection with a terrorist investigation.
Records of disclosure prepared pursuant to this section or the following section shall be subject to review only by the student, the custodian and his/her/its staff, “school officials” as defined in the section titled “Consent Provisions,” item 1, and federal, state, or local government officials conducting audits of compliance by the school with the Act.
RE-DISCLOSURE OF STUDENT RECORDS
Any disclosure of Education Records authorized under this Policy (whether with or without student consent) shall be made on the conditions that the recipient shall not re-disclose the Education Records without consent or authorization as required herein, and shall not permit or condone any unauthorized use. Authorization for re-disclosure, without consent, for purposes and to persons and parties permitted by law, may be given to a person or party designated in the section titled “Consent Provisions,” above, provided, such authorization must include a record of:
- The name of the person or party to whom redisclosures can be made; and
- The legitimate interests which the additional person or party has for receiving the information and the purposes for which it may be used.
Such re-disclosures must be on the conditions set forth in the first paragraph of this section.
DISCLOSURE OF DISCIPLINARY PROCEEDINGS TO ALLEGED VICTIMS OF CRIMES OF VIOLENCE AND NON-FORCIBLE SEX OFFENSES
The school will, upon written request, disclose to the alleged victim of a crime of violence, or a non-forcible sex offense, the results of any disciplinary hearing conducted by the school against the student who is the alleged perpetrator of the crime or offense. If the alleged victim is deceased as a result of the crime or offense, the school will provide the results of the disciplinary hearing to the victim’s next of kin, if so requested.
In its discretion, the school may disclose, publish, or provide Directory Information concerning a student without consent or a record of disclosure. Directory Information shall include: a student’s name, address, telephone number, email address, dates of attendance, degrees and awards received, the most recent previous educational agency or institution attended by the student, and school level. An individual student currently enrolled may request that such Directory Information not be disclosed by completing a nondisclosure form available in and deliverable to the Director of Student Services/Registrar’s Office. Prior to receipt by the Director of Student Services/Registrar’s Office of a nondisclosure form, a student’s directory information may be disclosed. All written requests for nondisclosure will be honored by the school for only one (1) academic year; therefore, authorization to withhold Directory Information must be filed annually. Alumni may request non-disclosure of Directory Information concerning them at any time. Such request will be honored continuously.