Louisiana State University at Eunice students should note that the application of the privacy rights as defined by Family Educational Rights and Privacy Act extend to all students enrolled, regardless of site or methodology of instruction. This includes all students enrolled in distance education technology.
The Family Educational Rights and Privacy Act of 1974 (also known as the Buckley Amendment) is a Federal law that helps protect the privacy of student education records. The Act provides students the right to inspect and review education records, the right to seek to amend those records, and the right to limit disclosure of information from the records. The intent of the legislation is to protect the rights of students and to ensure the privacy and accuracy of education records. The Act applies to all institutions that are recipients of federal aid administered by the Secretary of Education.
The student’s FERPA rights begin when the student is enrolled; that is, when classes are scheduled, fees are paid, and classes have begun.
FERPA governs and protects students’ rights to their individual educational records. The primary rights protected under FERPA are as follows.
With certain exceptions, education records are records which directly related to a student and are maintained by the University or a party acting for the University. A student has the right of access to these records.
Education records include any records in whatever medium (handwritten, print, magnetic tape, film, diskette, etc.) that are in the possession of any school official. This includes transcripts or other records obtained from a school at which a student was previously enrolled.
Directory information is information contained in an educational record of a student that generally would not be considered harmful or an invasion of privacy if disclosed. LSU Eunice has established the following as directory information and it may be released to those requesting it, unless the student specifically requests otherwise by submitting written notification to the Office of the Registrar.
LSU Eunice will not disclose any other information without written consent from the student, with some exceptions as provided by FERPA.
Students have the right to refuse the disclosure of personally identifiable information as directory information subject to other overriding provisions of law. To withhold directory information, students must fill out the non-disclosure form in the Office of the Registrar in the Geaux Center Acadian Building Room 117.
If a student has chosen to restrict the release of directory information, NO information can be released without further written permission of the student. Should someone inquire about an individual who has restricted the release of his/her directory information, the appropriate faculty/staff response is, “I am sorry, I do not have any information on any such person.”
Students should note that written, dated, and signed consent must generally be obtained from students for the release of information from education records, specifying what is to be released, the reasons for release, and name of the party or class of parties to whom the record are to be released, with a copy of the record sent to the student if he or she desires. However, as of January 3, 2012, the U.S. Department of Education’s FERPA regulations expand the circumstances under which education records and personally identifiable information (PII) contained in such records — including the Social Security Number, grades, or other private information — may be accessed without the student’s consent. First, the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or state and local education authorities (“Federal and State Authorities”) may allow access to the records and PII without the student’s consent to any third party designated by a Federal or State Authority to evaluate a federal- or state-supported education program. The evaluation may relate to any program that is “principally engaged in the provision of education,” such as early childhood education and job training, as well as any program that is administered by an education agency or institution. Second, Federal and State Authorities may allow access to education records and PII without the student’s consent to researchers performing certain types of studies, in certain cases even when the university objects to or does not request such research. Federal and State Authorities must obtain certain use-restriction and data security promises from the entities that they authorize to receive the PII, but the Authorities need not maintain direct control over such entities. In addition, in connection with Statewide Longitudinal Data Systems, State Authorities may collect, compile, permanently retain, and share without the student’s consent PII from education records, and they may track a student’s participation in education and other programs by linking such PII to other personal information about the student that they obtain from other Federal or State data sources, including workforce development, unemployment insurance, child welfare, juvenile justice, military service, and migrant student records systems.
For more information concerning the privacy rights of students, please refer to the official university policy statement, PS-34: Privacy Rights of Parents and Students. For any questions or to report any incident that you believe may be a violation of privacy rights at the University, please contact the Office of the Registrar.
