Access to Records — Lesley University Family Educational Rights and Privacy Act (FERPA) Policy
Lesley University is required to notify students annually of their rights with respect to the treatment of their education records under the Family Educational Rights and Privacy Act of 1974 (FERPA, also known as the Buckley Amendment). In accordance with FERPA, students are notified of the following rights:
1. The right to inspect and review the student's education records within 45 days of the day Lesley University receives a request for access.
The student should submit to the Registrar, Dean, head of the academic department, or other appropriate official, written requests that identify the record(s) requested. Within 10 business days of receipt of the request the Lesley University official will make arrangements for access and notify the student of the time and place where the records 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 current official to whom the request was submitted or an appropriate designee will be present when the student examines their records.
Lesley University may deny a student access to certain information set forth in FERPA, including, without limitation, confidential letters and confidential statements of recommendation placed in the student's education records before January 1, 1975, and such letters and statements placed in the file after January 1, 1975, if the student has waived the right to inspect and review those letters and statements.
The written request for access and the date and hour of the student review will be recorded in the student file. A student may request and receive photocopies of information and documents contained in the education record. Students may not request copies of college transcripts submitted for admissions.
2. The right to request the amendment of the student's education records that the student believes is inaccurate or misleading.
The student may ask the University to amend a record that is believed to be inaccurate or misleading. The student should write to the University official responsible for the record, clearly identify the part of the record for which a change is requested, and specify why the record 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 the student of the 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 disclosure of personally identifiable information contained in the student's education records, except to the extent the FERPA authorizes disclosure without consent.
One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the University in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the University has contracted (such as an attorney, auditory, or collection agent); a person serving on the Board of Trustees; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing their tasks. A school official has a legitimate education interest if the official needs to review an education record in order to fulfill their professional responsibility.
In addition, Lesley University may, at times, disclose directory information without a student's consent. Directory information includes: student name, major field of study, and degrees or awards received. If a student does not want some or all of those items designated directory information to be released to the public, the student must notify the Dean of Students in writing prior to October 1.
4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by Lesley University to comply with the requirements of FERPA.
If a student believes that their rights under FERPA have been violated, the student may file a complaint with the executive assistant to the President of Lesley University or with the U.S. Department of Education. The name and address of the office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue SW
Washington, DC 20202-4605
Note: Students should be aware that the definition of directory information differs between FERPA and the Solomon Amendment as described below:
Under the Solomon Amendment, Lesley University may not in policy or practice prohibit or prevent the Secretary of Defense from obtaining, for military recruiting purposes, entry to campus, access to students on campus, access to directory information on students, or have an anti-ROTC policy. According to the Solomon Amendment, Lesley University must provide the military with access to directory information (including name, address, telephone listing, date and place of birth, level of education, academic major, degrees received, and the educational institution in which the student was most recently enrolled) unless a student has formally requested that such information be withheld from third parties.
Parents may have access to information pertaining to their child's educational records and academic standing without prior written consent of the student if they are a dependent as defined under section 152 of the IRS Code of 1954. If the student is not a dependent, as defined by the IRS Code, then the University must receive prior written consent from the student in order to release such information to the parents.