Family Educational Rights

      • Compliance with the Family Educational Rights and Privacy Act (FERPA)
      • All students Policy Statement
      • The Family Educational Rights and Privacy Act of 1974 and its implementing regulations, each as amended (collectively, “FERPA”), set forth requirements designed to protect the privacy of student education records. The law governs access to records maintained by educational institutions and the release of information from those records. IOHS fully complies with FERPA and with guidelines recommended by the American Association of Collegiate Registrars and Admissions Officers.FERPA requires that the IOHS provide an annual notice to students regarding their rights under FERPA. This notice is published annually in the  IOHS Course Catalog.Definitions
        1. “Education records” include, with certain exceptions as listed below, all information recorded in any medium that is directly related to an identifiable student and maintained by any employee or agent on behalf of the IOHS. The following categories of information are excepted and are not considered to be “education records:”
          1. Records that are made for use solely as a personal memory aid, kept in the sole possession of the maker, and not accessible or revealed to any other person except a substitute who performs on a temporary basis the duties of the maker.
          2. Records created and maintained by the Department of Public Safety for (in whole or in part) law enforcement purposes.
          3. Records that are (a) created or maintained by a chiropractor, physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his/her professional capacity or assisting in a paraprofessional capacity; (b) made, maintained or used solely in connection with the provision of treatment to a student; and (c) not disclosed to anyone other than individuals providing such treatment. “Treatment” in this context does not include remedial educational activities or activities which are part of the program of instruction at the IOHS.
          4. Records only related to a former student (alumni records). Records of that individual’s activities while a student continue to be considered education records.
          5. Records that relate to individuals who are employed by the IOHS, are made and maintained in the normal course of business, relate exclusively to such individuals in their capacity as employees, and are not available for use for any other purpose. Notwithstanding the preceding sentence, records of individuals in attendance at the IOHS who are employed as a result of their status as students (e.g., work/study records) are education records.
        2. A “school official” is a person employed by the IOHS in an administrative, supervisory, academic, research, or support staff position; a person or company with whom the IOHS has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; a student serving on an official committee such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks; or a person volunteering or otherwise performing services for the IOHS. A contractor, consultant, volunteer, or other party to whom the IOHS has outsourced institutional services or functions may be considered a school official under this exception only if he/she/it performs an institutional service or function for which the IOHS would otherwise use employees, is under the direct control of the IOHS with respect to the use and maintenance of education records, and agrees to use the education records only for the purposes for which they were disclosed.
        3. A school official has a “legitimate educational interest” when he, she, or it has a need to access student education records for the purpose of performing an appropriate educational, research, administrative or other function for the IOHS. This includes performing tasks specific to job, contractual, or volunteer duties and provision of a service or benefit relating to the student or the student’s family. The information sought and provided must be pertinent to and used within the context of official IOHS business and not for a purpose extraneous to the official’s area of responsibility.

        Policy Details

        1. Right to Inspect and Review
          Students are granted the right to inspect and review all of their education records, except the following:

          1. Financial records of parents.
          2. Confidential letters and statements of recommendation placed in education records prior to January 1, 1975.
          3. Confidential letters and statements of recommendations for admission, employment, or honorary recognition placed in education records after January 1, 1975, for which students have waived their right of access.
        2. Waiver of Rights of Access
          Students may waive their right of access to confidential letters and statements of recommendation. Employees or agents of the IOHS may not require a student to waive his or her right of access as a condition to the receipt of IOHS benefits or services.
        3. Procedures for Inspection and Review
          1. Students should submit to the IOHS Registrar (11031 McCormick Road  ,  IOHS, , 21031) a written request that identifies the education record(s) they wish to inspect. The IOHS Registrar will make arrangements for access, excluding records and documents considered exceptions or to which a student has waived his or her right of access, and notify the student of the time and place where the records may be inspected. Access will be provided within a reasonable time, not to exceed 45 days after the Registrar’s receipt of the student’s request.
          2. Upon reasonable request, information contained in education records will be explained and interpreted to students by IOHS personnel designated by the appropriate office.
          3. Students have the right to review only their own records. When a record contains information about more than one student, the IOHS will limit access to that part of the record which pertains only to the student requesting access unless information regarding the other student(s) cannot be segregated and redacted without destroying the meaning of the record insofar as it pertains to the requesting student.
        4. Right to Challenge Information in Records
          1. Students have a right to challenge the content of their education records if they consider the information contained therein to be inaccurate, misleading, or in violation of their rights of privacy. A student challenging information in his or her records should obtain a Request to Amend or Remove Education Records form from the Registrar’s Office and clearly identify the part of the record he or she wants amended and specify why it is inaccurate, misleading or in violation of his or her rights of privacy. The Registrar may concur that an amendment is appropriate, and will take steps to make the amendment. If not, the student will be notified within a reasonable period of time that the records will not be amended and will be informed by the Registrar of the right to a formal hearing. If the hearing results in a final determination not to amend the record, the student will be permitted to place a statement with the record commenting on the contested information, stating his or her disagreement with the decision not to amend the record, or both.
          2. The right to challenge information in education records does not include a right to contest grades or other substantive matters accurately reflected in the records. Thus, this procedure may not be used to change a grade in a record unless the grade assigned was inaccurately recorded, in which case the record will be corrected.
        5. Consent for Release Required
          Except as set forth below, consent must be obtained from students for the release of information from education records, specifying what is to be released, the reasons for release, and to whom, with a copy of the disclosed record sent to the student if he or she desires. A student’s academic performance may be discussed with parents or other third parties only with the student’s written authorization, unless an exception noted below applies. School/college undergraduate records offices provide consent forms and information about associated procedures.
        6. Release Without Consent
          As noted above, a student has the right to consent to the disclosure of personally identifiable information contained in his or her education records, except to the extent that FERPA authorizes disclosure without consent. Set forth below is information about some of the circumstances in which FERPA authorizes such disclosures. The IOHS may make such disclosures in these and other circumstances as and to the extent permitted by FERPA. The exceptions described below merely permit the disclosure of information; IOHS personnel are expected to use reasonable judgment in determining whether legally permissible disclosures are warranted in particular circumstances. IOHS personnel having questions as to whether disclosure is permitted in particular situations should consult the Registrar’s office. FERPA authorizes the following disclosures of education record information without a student’s consent:

          1. Disclosures to school officials who have a legitimate educational interest (as these terms are defined above).
          2. Disclosures in compliance with a lawful subpoena or judicial order.
          3. Disclosures in connection with a student’s application for or receipt of financial aid, for such purposes as to determine eligibility, to determine the amount and/or terms of aid, or to enforce the terms of the aid.
          4. Disclosures to state or federal authorities and agencies specifically exempted from the prior consent requirements by FERPA.
          5. Disclosures to organizations conducting studies on behalf of the IOHS to (a) develop, validate or administer predictive tests, (b) administer student aid programs, or (c) improve instruction, if such studies do not permit the personal identification of students to any persons other than to representatives of such organizations and meet certain other requirements set forth in FERPA.
          6. Disclosures to accrediting organizations to carry out their accrediting functions.
          7. Disclosures to parents of a dependent student, as defined in Section 152 of the Internal Revenue Code of 1986.
          8. Disclosures in the case of emergencies to appropriate persons, if the knowledge of such information is necessary to protect against an articulable and significant threat to the health or safety of a student or other persons.
          9. Disclosures of the results of a disciplinary proceeding conducted by the IOHS against an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to specific conditions and limitations provided by FERPA.
          10. Disclosures to officials of another IOHS, college or school where the student seeks or intends to enroll, or is already enrolled, provided that the disclosure is for purposes of the student’s enrollment or transfer.
          11. Disclosures to a parent of a student regarding the student’s violation of any federal, state or local law, or of IOHS policy, governing the use of alcohol or a controlled substance, provided that (a) the IOHS determines that the student has committed a disciplinary violation with respect to that use, and (b) the student is under the age of 21 at the time of the disclosure to the parent.
          12. Disclosures of information provided to the IOHS under the Jacob Wetterling Crimes Against Children and Sexually Violent Offender Registration Act.
          13. Disclosures of “directory information” (see item VII).

        In addition, the IOHS reserves the right to disclose information to the extent necessary to verify the accuracy of any information contained in what purports to be an official IOHS document (e.g. a transcript or diploma).

        1. Directory Information
        2.  Educational agencies and institutions are required to notify parents and eligible students about their rights under FERPA.  FERPA defines “directory information” as information contained in the education records of a student that would not generally be considered harmful or an invasion of privacy if disclosedIOHS, in accordance with FERPA, has designated the following information about students as directory information:
          • Name
            • Current address and phone number
              Permanent address and phone number
              Email address
              Academic awards and honors