FERPA Annual Notification

FERPA Notice of Student Rights and Responsibilities

The Family Educational Rights and Privacy Act (FERPA) affords eligible students certain rights with respect to their education records. (An “eligible student” under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution at any age.) These rights include:

The right to inspect and review the student's education records within 45 days after the day Missouri Southern, Office of the Registrar receives a request for access. A student should submit to the Registrar a written request that identifies the record(s) the student wishes to inspect. The Registrar 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 Office of the Registrar, the Registrar shall advise the student of the correct official to whom the request should be addressed.
The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.

A student who wishes to ask Missouri Southern to amend a record should write to the Registrar clearly identifying the part of the record the student wants changed and specify why it should be changed.

If Missouri Southern decides not to amend the record as requested, Missouri Southern will notify the student in writing of the decision and the student’s 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.

The right to provide written consent before Missouri Southern discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent, including disclosures to school officials with legitimate educational interests and other circumstances set forth below.
The right to file a complaint with the U.S. Department of Education concerning alleged failures by Missouri Southern to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:

Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue
SW Washington, DC 20202

Limitations on rights to inspect and review education records.

There are limitations to the right to review education records. For example, the institution is not required to permit students to inspect and review the following:

Records which do not contain educational information or do not fall into the category of educational records because of how the records are maintained.
Financial records of the student’s parents.
Confidential letters and confidential statements of recommendation placed in education records prior to 1975 if they are used as intended.
Confidential recommendations or receipts of honors if the student has waived the right of access to such information.
Documents containing information on more than one student.
The right to review does not include the right for obtaining copies.

What is an Educational Record under FERPA?

"Education records" are records which contain information directly related to a student and that are maintained by Missouri Southern or a party acting for or on behalf of Missouri Southern. These records include, but are not limited to, grades, transcripts, class lists, student course schedules, student financial information and student discipline files. The information may be recorded in any way, including, but not limited to, handwriting, print, computer media, videotape, audiotape, film, microfilm, microfiche, and e-mail.

Who is an Eligible Student for whom FERPA regulations apply?

The law applies to all Missouri Southern enrolled students, regardless of age, once they begin attending classes.

The law applies to all education records created on or after the date a student begins to attend class. The law continues to apply to those records even after the student has graduated or left Missouri Southern, although it does not apply to records created after the student has graduated or is no longer enrolled.

The law ceases to apply to all previously covered education records upon the death of the student.

Who is a Missouri Southern School Official?

FERPA allows disclosure to school officials with a legitimate educational interest. Typically, a school official has a legitimate educational interest if the official needs to review an education record to fulfill their professional responsibilities for Missouri Southern. Missouri Southern school officials include all employees of the institution, members of the board of governors, students serving on official committees, such as a disciplinary or grievance committee, Alumni staff, or Foundation staff. School officials also include volunteers or contractors outside of Missouri Southern (for example, National Student Clearinghouse, publishers, attorneys, healthcare workers, and software vendors) who perform an institutional service or function for which the school would otherwise use its own employees and who are under the direct control of the school with respect to the use and maintenance of PII from education records, such as an attorney, auditor, financial aid lenders, collection agent, or a student volunteering to assist another school official in performing their tasks.

What constitutes Legitimate Educational Interest?

A legitimate educational interest means that the person or organization needs to access, review, or use the educational record to perform their task and fulfill their professional responsibilities for the institution.

Missouri Southern State University Directory Information

Directory Information at Missouri Southern may be made available to the public unless the student completes a “ Privacy Request ” form in the Office of the Registrar.

Students need to carefully consider the implications of having a Privacy Request on file. With a Privacy Request invoked, any future request to release Directory Information to non-institutional persons or organizations will be declined. The institution will honor your request to withhold Directory Information each semester but cannot assume responsibility to contact you for subsequent permission to release the information. Regardless of the effect upon you, the institution assumes no liability for honoring your privacy request. Consequences could include exclusion of student names from Commencement programs and publication of honors and awards.

This restriction does not apply to other permitted disclosures under FERPA, including disclosures to school officials who have a legitimate educational interest in the education record.

List of Directory Information:

Student’s name

Student identification number

Hometown (city, state)

Address (campus and permanent)

University email address

Telephone listing (local)

Photographs and videos taken or maintained by Missouri Southern in public or non-classroom settings

Place of birth

Major and/or minor field of study

Classification level (e.g., freshman, sophomore, graduate student)

Dates of attendance

Enrollment status (full-time or part-time)

Degrees

Honors and awards received

Participation in officially recognized activities and sports

Appropriate athletic statistical data

Most recent previous educational agency, or institution attended

Next of kin or spouse (emergency only)

Job title, employing department, work phone number, and work address when employed in a position that requires student status.

Other categories of information considered Directory Information by the U.S. Department of Education.

FERPA does not mandate the university to comply with every request to release Directory Information; the university therefore reserves the right on occasion to not release requested Directory Information. The university also reserves the right to modify the definition of Directory Information at any time.

Disclosure of PII Without Prior Written Consent - Non-Directory Information

FERPA permits Missouri Southern to disclose PII from students’ education records, without the prior written consent of the student, if the disclosure meets certain conditions found in the FERPA regulations at 34 C.F.R. § 99.31. Except for disclosures to school officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, § 99.32 of FERPA regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures. A postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student when the disclosure is:

To other school officials, including teachers, within Missouri Southern whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions.
To officials of another school where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer.
To authorized representatives of the S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the university’s State-supported education programs. Disclosures under this provision may be made, subject to the requirements of 34 C.F.R. §99.35, in connection with an audit or evaluation of Federal- or State- supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf.
In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid.
To organizations conducting studies for, or on behalf of, the school, to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction.
To accrediting organizations to carry out their accrediting functions.
To parents of an eligible student if the student is a dependent for IRS tax purposes.
To comply with a judicial order or lawfully issued subpoena.
To appropriate officials in connection with a health or safety emergency.
Information the school has designated as “directory information,” defined above.
To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding.
To the general public, the final results of a disciplinary proceeding, subject to the requirements of 34 C.F.R. § 99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school’s rules or policies with respect to the allegation made against him or her.
To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21.

Though FERPA permits such exceptions to the release of PII, Missouri Southern reserves the right to not release any such info.

Authorization to release Non-Directory Information:

Students who wish to have their non-directory information be disclosed to others must complete an “ Authorization to Release Non-Directory Information ” form in the Office of the Registrar listing the specific individuals or entities to whom they are permitting the disclosure, the specific information they want disclosed, and the purpose of the requested disclosure.

All questions, concerns, inquiries, relating to FERPA, Educational Records and Directory Information requests should be submitted to the Office of the Registrar at registrar@mssu.edu I Phone: 417-625-9389

Faustina Abrahams, FERPA Compliance Officer