In compliance with Public Law 93-380, “The Family Educational Rights and Privacy Act”(FERPA), which is Section 438 of the General Education Provision Act, FXUA has adopted policies and procedures that permit students the opportunity to view his or her educational records upon request. Educational records mean those records, files, documents, and other materials that contain information directly related to a student. The institution will not permit access to or release of confidential information from a student’s records to any individual or agency without the written consent of the student, except for the following situations:
- Program undertaken, dates of attendance, and certificates, diplomas and degrees awarded may be provided to third parties unless the request to omit such information is presented in writing.
- Records are required by FXUA officials in the proper performance of their duties. FXUA defines school official as a person employed by the university including a full time or adjunct professor/instructor, an administrator, clerical staff, a member of the board of trustees or a member of committees and disciplinary boards, or a student serving on an official committee, such as a disciplinary committee, with legitimate educational interests.
- In accordance with FERPA, a school official has a legitimate educational interest if the official needs to review an educational record in order to fulfill his/her professional responsibility.
- Organizations are conducting studies for educational and governmental agencies.
- US government agencies as listed in Public Law 93-380 request information for specific purposes.
- At the request of any Accrediting agencies.
- Parents of dependent children as defined in the Internal Revenue Code of 1954.
- Appropriate persons in connection with an emergency.
- For the purposes of awarding financial aid.
- In response to legal court orders.
FERPA and Directory Information Withheld/Released
The Family Educational Rights and Privacy Act (FERPA) is also known as the “Buckley Amendment.” FERPA is a federal law enacted in 1974 which enables students certain rights with respect to their education records. Specifically, it enables students the right to:
- Inspect and review their education records,
- Request the amendment of inaccurate or misleading records,
- Consent to disclosure of personally identifiable information contained in their education record and
- File a complaint with the U.S. Department of Education concerning alleged failures by FXUA to comply with this law.
Fairfax University of America strives to fully comply with this law by protecting the privacy of student records and judiciously evaluating requests for release of information from those records. FERPA authorizes the release of “Directory Information” without the student’s prior consent under certain conditions which are set forth in the Act.
Students who wish to withhold their directory information must submit a Directory Information Withhold Form to the Registrar’s Office.