The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education.
When a student reaches 18 years of age or enrolls in a postsecondary institution at any age, all rights under FERPA transfer from the parent to the student. At Barry University, enrolled students are considered eligible students under FERPA and hold all rights described in this section.
Barry University provides annual notice of students' rights under FERPA as required by federal law. This section of the Student Handbook constitutes Barry University's annual FERPA notification to eligible students.
Your Rights as an Eligible Student
As an eligible student, you have the following rights with respect to your education records:
Right 1: Inspect and Review Your Education Records
You have the right to inspect and review your education records. Barry University will provide access to the requested education records within 45 calendar days after receiving a written request.
To request access, submit a written request to the Office of the Registrar identifying the record(s) you wish to inspect. The Office of the Registrar will make arrangements for access and notify you of the time and place where records may be reviewed. Information regarding authorization to release education records to parents, guardians, or other third parties is available through the Office of the Registrar.
Barry University reserves the right to verify the identity of any individual requesting access to education records before releasing information.
Right 2: Request Amendment of Your Education Records
You have the right to request the amendment of education records you believe are inaccurate, misleading, or otherwise in violation of your privacy rights under FERPA. If you wish to ask Barry University to amend a record, submit a written request to the school official responsible for the record, clearly identify the part of the record you want changed, and specify why it should be changed.
FERPA does not provide a process to challenge substantive academic judgments, such as grades, unless the grade was inaccurately recorded.
If the University decides not to amend the record as requested, it will notify you in writing of the decision and of your right to a formal hearing. If, following the hearing, the University still decides not to amend the record, you have the right to place a statement with the record setting forth your view about the contested information.
Right 3: Consent to Disclosure of Your Education Records
You have the right to provide written consent before Barry University discloses personally identifiable information from your education records, except to the extent that FERPA authorizes disclosure without consent.
School Officials and Legitimate Educational Interest
A school official is a person employed by the University in an administrative, supervisory, academic, research, support staff, law enforcement, health services, legal, auditing, or contracted service role. A school official has a legitimate educational interest when access to a student's education record is necessary to fulfill a professional responsibility to the University.
FERPA permits disclosure without consent to the following parties or under the following conditions (34 CFR § 99.31):
- School officials with a legitimate educational interest
- Other schools to which you are transferring
- Specified officials for audit or evaluation purposes
- Appropriate parties in connection with financial aid
- Organizations conducting studies on behalf of the University, when permitted by FERPA
- Accrediting organizations
- To comply with a judicial order or lawfully issued subpoena
- Appropriate officials in cases of health and safety emergencies
- State and local authorities within a juvenile justice system, pursuant to specific state law
Nothing in this policy limits disclosures permitted or required by applicable federal or state law.
Right 4: File a Complaint with the U.S. Department of Education
You have the right to file a complaint with the U.S. Department of Education concerning alleged failures by Barry University to comply with the requirements of FERPA. Written complaints should be directed to:
Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202-8520
Website: studentprivacy.ed.gov
Directory Information
FERPA permits Barry University to disclose, without prior consent, certain categories of student information designated as directory information. Barry University currently designates the following as directory information:
- Name
- Address (including email address)
- Telephone number
- Major field of study
- Dates of attendance
- Degrees, honors and awards and awards received
- Photographs
- Participation in officially recognized activities and sports
- For student athletes: height and weight
- Most recent previous educational agency or institution attended
Your Right to Restrict Directory Information
You have the right to restrict the disclosure of your directory information. If you do not want Barry University to disclose directory information from your education records without your prior written consent, you must submit an opt-out request through the University's student information system using the record release option.
Information on how to submit a directory information restriction is available through the Office of the Registrar.
Education Records
Barry University uses the definition of "education records" established under FERPA. Education records are records that are directly related to a student and maintained by the University or a party acting on its behalf. Education records may exist in paper, electronic, audio, video, or other formats. This includes academic records and student conduct records.
Records that are not considered education records under FERPA include:
- Sole possession records: personal notes made by a school official that are kept in the sole possession of the maker, are not accessible to any other person, and are not used as a substitute for official records
- Law enforcement unit records: records created and maintained by the University's law enforcement unit for law enforcement purposes
- Employment records of individuals whose employment is not contingent on their student status
- Records that contain only information about an individual after they are no longer a student at the University
Health or Safety Emergencies
In an emergency, FERPA permits school officials to disclose education records, including personally identifiable information, without student consent to protect the health or safety of students or other individuals. Records and information may be released to appropriate parties such as law enforcement officials, public health officials, and trained medical personnel. See 34 CFR §§ 99.31(a)(10) and 99.36.
This exception is limited to the period of the emergency and does not authorize a blanket release of personally identifiable information. The University may also disclose education records to parents when permitted under FERPA, including when a health or safety emergency involves their student.
Disciplinary Records
Student conduct records are protected as education records under FERPA. However, in certain circumstances they may be disclosed without student consent:
- Barry University may disclose to an alleged victim of any crime of violence or non-forcible sex offense the final results of a disciplinary proceeding conducted against the alleged perpetrator of that crime, regardless of whether the University concluded a violation was committed.
- Barry University may disclose to anyone the final results of a disciplinary proceeding if it determines that the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and, with respect to the allegation made against the student, the student has committed a violation of University rules or policies. See 34 CFR §§ 99.31(a)(13) and (14).
Additionally, the Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act (Clery Act) requires, and FERPA permits, Barry University to inform the complainant of the University's final determination and any disciplinary sanctions imposed in sexual violence cases. See 20 U.S.C. § 1092(f) and 20 U.S.C. § 1232g(b)(6)(A).
The Clery Act
The Jeanne Clery Disclosure of Campus Security Policy and Campus Crime Statistics Act requires Barry University to issue timely warnings and emergency notifications when required by federal law, to make campus security policies publicly available, and to collect, report, and disseminate crime statistics annually. Such disclosures are permitted under FERPA.
For additional information regarding campus safety and crime statistics, contact the Office of Campus Safety or review Barry University's Annual Security Report.
At Barry University, the Office of Campus Safety is the department designated to carry out safety functions. Law enforcement unit officials employed by the University may be designated as school officials with a legitimate educational interest and given access to personally identifiable information from student education records as necessary in the performance of their duties. Law enforcement unit records created and maintained for law enforcement purposes are not education records under FERPA and are maintained separately from education records.
Disclosure to Parents
When a student turns 18 years of age or enrolls in a postsecondary institution at any age, all FERPA rights transfer to the student. However, FERPA provides circumstances in which Barry University may share education records with parents without the student's consent:
- If the student is claimed as a dependent for federal income tax purposes, the University may disclose education records to the parent claiming the student as a dependent. Barry University may require documentation demonstrating that the student is claimed as a dependent for federal income tax purposes, to be provided to the Office of the Registrar.
- If a health or safety emergency involves the student, the University may disclose relevant education records to parents when permitted under FERPA.
- If a student under the age of 21 has violated any University policy or federal, state, or local law concerning the use or possession of alcohol or a controlled substance, the University may inform the student's parents.
Students may also voluntarily authorize the release of records to a parent, guardian, or other third party. Information on how to submit an authorization is available through the Office of the Registrar.
Additional Information
For additional information about FERPA and student privacy rights, visit the U.S. Department of Education's Student Privacy Policy Office at studentprivacy.ed.gov.
For questions about Barry University's records practices, record release authorizations, or directory information restrictions, contact the Office of the Registrar