The Family Education Rights and Privacy Act (FERPA) of 1974, with which the ICDL Graduate school intends to comply fully, is designed to:

• protect the privacy of education records,
• establish the right of students to inspect and review their education records, and to
• provide guidelines for the correction of inaccurate or misleading data through informal and formal hearings.

1) Definitions

• "Education Records" is defined as those records, files, documents, and other materials that
  • (1) contain information directly related to a student; and
  • (2) are maintained by the ICDL Graduate School ("School") or by a person acting for the School.
  • They do not include (1) personal notes; (2) records maintained by law enforcement personnel solely for law enforcement purposes; (3) employment records (except those as student employees); (4) medical, psychological, and psychiatric records (these are accessible to the student's physician); (5) and records containing only information relating to a person after that person is no longer a student at the ICDL Graduate School.
• A "student" is any person who is or has been enrolled at the ICDL Graduate School. Persons who have applied for admission but have never enrolled are not students of the ICDL Graduate School. Wherever "student" is used in reference to personal rights, an eligible parent of a dependent student has similar rights.
• "School officials" are those professors and administrative staff hired by the ICDL Graduate School with general or specific responsibility for promoting the educational objective of the School. This category include teachers; faculty advisors; admissions counselors; academic advisors; deans, department chairs, directors, and other administrative officials responsible for some part of the academic enterprise or one of the supporting activities. Access by these officials is restricted where practical only to that portion of the student record necessary for the discharge of assigned duties.
• "Legitimate educational interests" are defined as those interests that are essential to the general process of higher education prescribed by various legislative acts and the body of policy adopted by the Board of Trustees. Legitimate educational interests would include teaching, research, public service, and such directly supportive activities as academic advising, general counseling, discipline, vocational counseling and job placement, financial assistance and advisement, and academic assistance activities.
• "Directory Information" at the ICDL Graduate School consist of: The student's name, e-mail address(es), professional discipline, city, state and country of location, organization for which they work, photograph, research of interest, and degrees and awards received.
• To have access to an "Education Record" is to be allowed to see the original record. It implies the right to obtain copies of that record. A charge for the copies may be required.

2) Procedures

A) Disclosure of Records

The ICDL Graduate School shall not permit access to or release any information in the Education Records that is specifically identifiable as referring to any student, other than Directory Information, without verification of the written consent of the student to any party other than the following:

• ICDL Graduate School officials and staff who have legitimate educational interests, including academic excellence.
• Officials of other schools in which the student seeks or intends to enroll.
• Appropriate persons in connection with a student's application for or receipt of financial aid.
• Federal or State officials as defined in the regulations concerning this law.
• State and local officials authorized by State statute adopted prior to November 19, 1974.
• Organizations conducting studies for or providing service for, or on behalf of, The ICDL Graduate School for the purpose of assisting in accomplishing the School's mission, and when such information will be used only by such organizations and subsequently destroyed when no longer needed for the intended purpose. (For example: the National Student Clearinghouse, collection agency, bookstore, etc.) The Registrar or designee must approve requests of this nature. Note: ICDL Graduate School offices initiating a contract with a person or company performing professional, business, and similar services, must include the following statement in the contract: Information disclosed by the University to (name of company/person) will be used only for the purpose stated in the contract and will not be disclosed to a third party.
• Accrediting organizations to carry out their accrediting functions.
• Parents of a dependent student as defined in Section 152 of the Internal Revenue Code of 1986. (Note: A husband or wife cannot get records of his/her spouse regardless of dependency.)
• The courts, in compliance with judicial order or subpoena, after the ICDL Graduate School has made a reasonable effort to notify the student.
• Appropriate persons in connection with an emergency if knowledge is necessary to protect the health or safety of a student or other persons. Verification of the conditions involved will be fully documented.

All individuals and agencies that have requested or obtained access to a student's record (except as stated above) will be noted in a record that is kept with each student's closed file. A request must be in writing stating the purpose of the request. This record will also indicate specifically the legitimate interest that the person or agency had in obtaining the information, and the information made available will be limited to that necessary to satisfy such demonstrable needs. No School office receiving student information shall and all agencies receiving student information will be advised not to, release the information to another party without the written consent of the student.

The ICDL Graduate school retains all rights to the student's academic record and may withhold transcripts of the record because of unfulfilled obligations to the School.

Custodian of Records: Barbara Kalmanson, Ph.D., Academic Dean, 1044 Sir Francis Drake Blvd., Suite 5, Kentfield, CA 94904

Right to Restrict Release of Directory Information: After enrolling in the program, a student may file a written request with the Registrar's Office that directory information not be released. Written requests should be sent to Joan McVey (1044 Sir Francis Drake Blvd., Suite 5, Kentfield, CA 94904), listing the information that the ICDL Graduate School Directory regularly includes, that cannot be made public.

B) Access to Education Records

To gain access, the student must request the custodian to allow him/her to peruse the "Education Record". This request will be granted within a reasonable period of time (45 days). The student may ask for an explanation and/or copy of his/her "Education Record". Examination will be permitted under conditions that will prevent alteration or mutilation of the record. A student must present proper identification upon request. Documents submitted by or for the student in support of his/her application for admission or for transfer credit will not be returned to the student nor sent elsewhere. Right of Access does not include:

• Confidential letters and statements of recommendation, which were placed in the "Education Records" prior to January 1, 1975.
• "Records" to which access has been waived by a student.

C) Correction of Records

If the student believes the "Record" content to be inaccurate, he/she may submit a request for amendment of his/her record. Normally such matters will be satisfactorily settled in the course of informal discussion with the student. When this is not the case, the request and the challenge must be presented in writing to the record custodian who will inform the student of his/her decision within 45 days and of his/her right to a hearing. The student may then submit a written request for a hearing to the Registrar or designate who will (1) appoint an Appeals Committee consisting of four "Record" custodians (none of whom is custodian of the "Record" in question), with one of the four designated as chair, and (2) designate a time and place for the first meeting and inform the student of the same. The Appeals Committee will convene with the student within 45 days from the date of the request, allowing the student to present relevant evidence. The student may be assisted or represented by counsel of his/her choice and at his/her own expense. A written decision based solely upon evidence presented at the hearing will be given to the student within 45 days after the conclusion of the hearing, including a summary of the evidence and reasons for the decision and notification of his/her right to place a statement in the "Education Record". Thereupon, the student may submit to the Committee a written explanation to be inserted into the "Record". Note: This procedure does not provide for a hearing to contest an academic grade.  

Written complaints concerning failure by the ICDL Graduate school to comply with FERPA should be submitted to the Managing Director, 1044 Sir Francis Drake Blvd., Suite 5, Kentfield, CA 94904 or with the Department of Education, Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW, Washington, DC 20202-4605. For further information visit the U.S. Department of Education website at www.ed.gov.

2008 FERPA Amendments

In December 2008, the U.S. Department of Education adopted revisions to its FERPA regulation.  Many of the revisions simply clarify the existing policy.  All university personnel should be familiar with the FERPA regulation, especially Personnel, Registration and Records, Student Affairs, and University Planning & Analysis. The revisions made in 2008 include:

• Distance education students are covered by FERPA.
  • A student's email address may be disclosed to other students in the same class even if there is a privacy block in place.
  • Electronic class discussion: email and online presentations of papers usually become “education records once received by a university employee.”  However, communications and posting of written work for electronic discussion among students in a class does not require the signed and dated specific written consent of the students, provided that (a) electronic posting of student work do not contain grades or comments of the professor, (b) the students perform the posting rather than the professor, (c) students are notified prior to or at the time of enrollment that posting of their work is a course requirement, and (d) the posted work is available only to members of the class.

  • Because an online environment creates a record of student activity, it is subject to FERPA privacy rights, unlike verbal exchanges in a physical classroom.

• Social Security Numbers and electronic identifiers that are used to authenticate a student (i.e., allow access to personal information) must be kept confidential and may not be disclosed as “directory information”.

• Universities must implement safeguards that limit access to student records by “school officials” to only those situations where there is a legitimate university educational need.

• When someone asks for records (e.g., a student, or someone who has the student’s consent), the university custodian of the record must authenticate the identity of the requester.

• Disclosure of the outcome of a disciplinary hearing for a sex offense (a Clery Act disclosure) must be made to the victim or alleged victim without any condition that prohibits redisclosure.

• Universities have broader discretion to make disclosures of student records in cases of health or safety emergencies.

• A student’s “privacy block” on directory information continues after the student leaves the university, unless revoked by the student.

• The preamble to the December 2008 regulations contains recommendations on how to prevent and remedy improper disclosures of student records.
• A student’s thesis is an “education record”, but may be disclosed without the signed and dated specific written consent of the student, provided that the student was advised in advance that the thesis could be made publicly available as part of the curriculum requirements.