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660 Family Educational Rights and Privacy Act

660.01 Purpose of Rights and Privacy Act

  1. The Family Educational Rights and Privacy Act, sometimes called the Buckley Amendment, was enacted in 1974 as Public Law 93-380 and provides for procedures that protect the rights of students in access to students’ college records.
  2. All questions related to interpretation of the access to or release of student records information should be addressed to the Office of Registration and Records.

660.02 Definition of Student for the Purpose of Access to Records

Any person who is attending or has attended the SUNY College at Brockport and has an educational or personally identifiable record with the Office Registration and Records or any other office listed in 515.04.

660.03 Student Rights to Records

Students have the right to examine their educational and personally identifiable record and no record may be given to a third party except upon the written consent of the student. (Note exceptions in 515.04 and 515.05.)

660.04 Student Records

  1. Records over which a student may exercise his/her rights include all records, files, documents, and other materials, which are maintained by the offices, listed below. A student may inspect, challenge, and refuse to release to third parties all those records, which are maintained in these offices.
    1. Student financial aid records - Financial Aid Office
    2. Admissions and personnel records - Student Services Center
    3. Placement file - Registration and Records Office
    4. Transcript of academic record - Registration and Records Office
    5. Academic records - faculty members
    6. College financial records - Bursar’s Office
  2. Certain records are excluded from the student’s right of access and challenge. These are:
    1. Institutional records which are in the sole possession of the maker and which are not accessible to any other person except a substitute.
    2. Certain University Police records which are segregated from other student records to which only law enforcement personnel have official access.
    3. Employee records of non-student employees.
    4. Medical or para-medical records used only for treatment purposes and not available to third parties.
    5. Confidential letters and statements of recommendation, which were placed in the student’s educational records before January 1, 1975, provided they are used only for the purposes for which they were specifically intended.
    6. Financial records of the student’s parents.

660.05 Release of Student Records

  1. Release of student records is prohibited unless the student has given written consent and such consent is on file.
  2. Exceptions for release of student records to third parties:
    1. College officials, Central Administration, and other SUNY colleges who have been determined to have legitimate educational interests.
    2. Officials of other schools in which the student seeks to enroll provided the student is given a copy of the record if he/she desires.
    3. Authorized representatives of certain state and federal agencies where such access is to evaluate federally funded programs and federal law specifically allows the collection of personally identifiable data.
    4. In connection with student’s application for, or receipt of, financial aid.
    5. Research organizations conducting studies for the educational institution in relation to predictive tests; administering student aid programs; or instruction, if the records are destroyed when no longer needed in research; and identification of students or parents by persons outside the research organization is not permitted.
    6. Accrediting organizations (solely to carry out their accrediting functions).
    7. Parents of dependent students if the students are listed as deductibles for income tax purposes.
    8. In connection with an emergency where release of records is necessary to protect the health or safety to the student or others.
    9. Directory Information - which means a student’s name, address, telephone listing, date and place of birth, major field of study, participation in recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student.

660.06 Record of File Access

The College is required to maintain a record, which will indicate all individuals, agencies, or organizations, which have requested or obtained access to a student’s educational files. This record will indicate the legitimate interest of the requesting party and will be available only to the student and those responsible for maintaining the record. The sole exception to this requirement is that College officials, including faculty, within the institution as listed in 515.05 A. need not be indicated in this record when requesting data.

660.07 Waiver of Right to Inspect Confidential Recommendations

  1. Letters of recommendation received by the College prior to January 1, 1975 will be considered confidential and will not be included for student review.
  2. Letters received after January 1, l975 may be inspected by the student. An exception to this provision provides an opportunity for the student to sign a waiver of right to inspect statement to accompany requests from individuals for letters of recommendation. This waiver notifies the writer of the letter that his/her recommendation will be confidential and will not be reviewed by the student.

660.08 Right of Hearing

The student has a right to a hearing to challenge the content of any record and may seek the correction or deletion of the entry deems inaccurate or misleading or inappropriate. A hearing will be arranged for the student when requested in writing to the Vice President for Student Affairs.

660.09 General Provisions

  1. Directory information, as defined in 515.05 I., will be printed and released for public use unless the student notifies the Office of Registration and Records in writing by September 1 of each new College year.
  2. Personally identifiable records, excluding academic transcripts, will be duplicated on written request of the student for a small fee per page. Records will not be mailed and will only be delivered personally to the student. Payment must be received prior to delivery of records. Preparation of these records will be accomplished within a reasonable length of time not to exceed forty-five days.
  3. Students whose records are requested by judicial order or subpoena will be notified by the College before complying with the orders. It is understood that in the case of a student no longer attending SUNY College at Brockport, notification may not be possible where no current address is listed with the College. In such cases, after attempting to notify the student, the College cannot evade its obligation under state and federal law to provide the court with the information and actual notice must be yielded in this instance.

 

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