The Family Educational Rights and Privacy Act

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Academic Services

In conformance with the Family Educational Rights and Privacy Act of 1974 (the Buckley Amendment), Lindenwood University has established a system to ensure that students have complete access to their educational records and the right to challenge information they believe to be inaccurate or misleading. Information about these procedures can be obtained from the Office of Academic Services. Unless specifically prohibited by the student, Lindenwood University may release “Directory Information” at its discretion for government-mandated reporting, news releases, and other purposes that it believes serve the student’s interest. This includes:

Full name
Local and home addresses
Local and home telephone numbers
Email address
Date and place of birth
Most recent educational institution attended
Enrollment status
Class level
Dates of attendance
Degrees, awards, and honors received
Participation in officially recognized activities and sports
Weight and height of athletic team members
Photographs

Students may withhold information from some of these disclosure requests by notifying the Office of Academic Services in writing the first week of each term. All written requests for non-disclosure will be honored by the University for only one term; therefore, authorization to withhold student information must be filed during each term of attendance. Students have a right to voice any concerns with the U.S. Department of Education.

FERPA permits the disclosure of Personally Identifiable Information (PII) from students’ education records, without consent of the student, if the disclosure meets certain conditions found in § 99.31 of the FERPA regulations. 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 —

To other school officials, including teachers, within Lindenwood University system 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, provided that the conditions listed in § 99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(3) are met. (§ 99.31(a)(1))
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, subject to the requirements of § 99.34. (§ 99.31(a)(2))
To authorized representatives of the U. 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 §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. (§§ 99.31(a)(3) and 99.35)
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. (§ 99.31(a)(4))
To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§ 99.31(a)(6))
To accrediting organizations to carry out their accrediting functions. (§ 99.31(a)(7))
To parents of an eligible student if the student is a dependent for IRS tax purposes. (§ 99.31(a)(8))
To comply with a judicial order or lawfully issued subpoena. (§ 99.31(a)(9))
To appropriate officials in connection with a health or safety emergency, subject to § 99.36. (§ 99.31(a)(10))
Information the school has designated as "directory information" under § 99.37. (§ 99.31(a)(11))
To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of § 99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (§ 99.31(a)(13))
To the general public, the final results of a disciplinary proceeding, subject to the requirements of § 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. (§ 99.31(a)(14))
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. (§99.31(a)(15))

Definitions:

A "school official" is not defined in the statute or regulations, Lindenwood University interprets the term to include parties such as: professors; instructors; administrators; health staff; counselors; attorneys; clerical staff; board members; members of committees and disciplinary boards; and a contractor, volunteer or other party to whom the school has outsourced institutional services or functions.
A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.