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Disclosure of Education Records
Disclosure of Education Records
You have the right to consent to disclosures of personally identifiable information in your education records, except to the extent that the Act or any superseding law authorizes disclosure without your consent.
Other than directory information, Bloomsburg University will disclose student education records only with the written consent of the student, except in certain situations where BU retains discretion under FERPA or is authorized under any superseding law to disclose such records without consent, including the following:
- to school officials who have a legitimate educational interest in the records.
- a person employed by BU in an administrative, supervisory, academic, research, or support staff position, including university security and student health staff.
- individuals or entities with whom the University has contracted (e.g., an attorney or auditor, the State Council on Higher Education, the National Student Loan Clearinghouse);
- individuals serving on the Board of Trustees; and
- students conducting University business (e.g., serving on official committees, working for the University, or assisting another school official in performing his or her tasks).
- A school official has a legitimate educational interest when the official needs to review an education record in order to fulfill his or her responsibility on behalf of the University, such as when the official is
- performing a task that is specific in his or her job description or by a contract agreement or other official appointment;
- performing a task related to a student's education;
- performing a task related to the discipline of a student; or
- Providing a service or benefit relating to the student or student's family, such as health care, counseling, job placement, or financial aid.
- To officials of another school in which you have sought or intend to enroll.
- To authorized officials of the following entities, in connection with federal- or state-supported education programs: the U.S. Department of Education; the U.S. Comptroller General; the U.S. Attorney General; or state and local educational authorities.
- In connection with a student's request for or receipt of financial aid, including determining the eligibility, amount or conditions of the financial aid or enforcing the terms and conditions of the aid.
- If required by a state law requiring disclosure that was adopted before Nov. 19, 1974.
- to state and local authorities to whom such information is specifically allowed to be reported or disclosed under state law in connection with the juvenile justice system.
- To organizations conducting certain studies for educational purposes for or on behalf of BU.
- To accrediting organizations, including individuals on visiting committees, to carry out their functions.
- To parents who claim the student as a dependent for income tax purposes. If your tuition is being paid by someone else, but you are not a dependent for federal income tax purposes, you should notify the registrar of your independent tax status, in which case education record information will be released only with your consent or upon receipt of a federal income tax return indicating your dependency status, unless otherwise authorized by law. We will still require your permission to release transcripts of your work to family members.
- to comply with a judicial order or a lawfully issued subpoena, provided BU makes a reasonable attempt to notify you in advance of compliance (except in certain cases involving grand jury subpoenas) or, when BU is involved in a legal action with a parent or student, where disclosure is to the court, without a court order or subpoena, and is relevant for BU to proceed as plaintiff or to defend itself.
- To appropriate parties in a health or safety emergency.
- a. to an alleged victim of any crime of violence or non-forcible sexual offense (as defined by FERPA regulations at 34 CFR 99.39), the final results of any University disciplinary proceeding with respect to the crime or offense, regardless of whether the University concluded a violation was committed.
- b. otherwise in connection with a disciplinary proceeding for a crime of violence or non-forcible sexual offense (as defined above), BU retains the discretion to disclose the final results of the disciplinary proceeding only if BU determines that the alleged student perpetrator has committed a violation of BU rules/policies with respect to the crime or offense. The name of any other student, victim or witness, may not be disclosed without that other student's consent. Disclosure to any individual other than the alleged victim applies only to disciplinary proceedings in which the final results were reached on or after Oct. 7, 1998.
- For purposes of subsections (a) and (b), "final results" must include only the name of the alleged perpetrator student, the violation committed (rules violated and essential supporting findings), and the sanction imposed (disciplinary action taken, date, and duration).
- To comply with a court order obtained under the USA PATRIOT Act of 2001 for education records considered relevant to a terrorism investigation or prosecution, without advance notice to the student.
- to disclose to a student's parent information regarding any violation of law or of University rule or policy as to alcohol or controlled substances use or possession, if the student is under age 21 at the time of the disclosure and the University determines that such alcohol/drug use or possession constitutes a disciplinary violation.
- To disclose information provided to BU under Section 170101 of the Violent Crime Control and Law Enforcement Act of 1994 (42 U.S.C. 14071) concerning registered sex offenders who are required to register under that section.
- to the U.S. Citizenship and Immigration Services (USCIS) / Department of Homeland Security (DHS) concerning an F, J, or M nonimmigrant alien, only to the extent necessary for BU to comply with Student and Exchange Visitor Program (SEVP) reporting requirements, as mandated by the Illegal Immigration Reform and Immigrant Responsibility Act of 1996, the USA PATRIOT Act, the Enhanced Border Security and Visa Entry Reform Act of 2002, and the regulation at 8 CFR 214.1(h). Consent is not necessary for BU to disclose required information to USCIS or DHS in compliance with SEVP reporting obligations.
Consent for the disclosure of a student's education records must be in writing, signed and dated by the student, specifying the records to be released, the reasons for such release, and to who the records are to be disclosed.
Record of Disclosures
Except where not required under FERPA regulations (34 CFR 99.33) (e.g. disclosures to parents, disclosures of directory information, disclosures pursuant to court order under the USA PATRIOT Act), the University will inform all third parties (anyone outside BU) to whom personal information from a student's education record is released that no further release of such information is authorized without written consent of the student.
BU will maintain a record of third parties who have requested or obtained access to a student's education records (not including parties seeking directory information, parties having student consent, parents, circumstances involving certain grand jury subpoenas, and disclosures pursuant to court order under the USA PATRIOT Act), indicating the legitimate interest that each such person or entity has in obtaining this information. This record of access, to be kept with the student's educational record, is available only to the student and the custodian(s) of the record.