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<< Index of Academic Policies & Procedures
Section 438 of the “General Education Provisions Act,” as amended, commonly referred to as the “Buckley Amendment” 1974:
1. AFFORDS each student, once enrolled in an institution of higher education THE RIGHT:
A. OF ACCESS (within a 45 day period) to his education record there. EXCEPTING those items specifically excluded by the Act, namely:
i. FINANCIAL RECORDS of parents;
ii. CONFIDENTIAL LETTERS and statements of recommendations entered in the file PRIOR TO JANUARY 1, 1975;
iii. CONFIDENTIAL RECOMMENDATIONS entered in the education record after January 1, 1975 and to which the student has WAIVED RIGHT OF ACCESS.
It is understood that the institution:
i. cannot require as a condition of admission or award of financial aid, the waiving of right of access to letters of recommendation;
ii. must, upon request, furnish the names of all persons making confidential recommendations;
iii. shall use such letters ONLY for the purpose for which they were intended.
B. FOR A HEARING to:
i. CHALLENGE the content of his/her education record and, if appropriate;
ii. CORRECT OR DELETE any inaccurate, misleading or inappropriate data contained therein, and;
iii. INSERT a written explanation respecting the contents of such records.
2. EXCLUDES from student access CERTAIN FILES not directly related to the student’s education records such as:
A. PERSONNEL NOTES institutional, supervisory and educational personnel;
B. Campus LAW ENFORCEMENT RECORDS;
C. EMPLOYEE FILES, if student is employed by the institution;
D. MEDICAL, PSYCHOLOGICAL-COUNSELING AND PSYCHIATRIC RECORDS or case notes maintained by an appropriate professional of the student’s choice.
3. DEFINES DIRECTORY INFORMATION which the institution may release without the written request of the student unless he/she has specifically (in writing) requested that no such data be released. Directory Information includes: Name; Address; Telephone Number; Date of Birth; Dates of Attendance; School or College; Major Field of Study; Credit Hours Earned; Degrees Earned and Honors Received.
4. REQUIRES the institution to obtain the WRITTEN CONSENT OF THE STUDENT to release his/her education record (or personally identifiable data contained therein other than “Directory Information” subject to the limits specified above) EXCEPT FOR the following persons/agencies/institutions specifically exempted by the ACT:
A. PERSONNEL WITHIN THE INSTITUTION who have a “legitimate educational interest”;
B. OFFICIALS OF OTHER INSTITUTIONS in which the student SEEKS, OR INTENDS, TO ENROLL (with the understanding that he/she will be so notified and a copy of the document granted if desired);
C. Certain GOVERNMENT OFFICIALS/AGENCIES listed in the ACT;
D. Persons/agencies in connection with a student’s application for, or receipt of, FINANCIAL AID;
E. Recognized ORGANIZATIONS CONDUCTING STUDIES AS WELL AS ACCREDITING AGENCIES desiring information, each with the understanding that personally identifiable data is not to be released or retained after its purpose is served;
F. PARENTS OF DEPENDENT STUDENTS (as such dependency is defined in Section 152 of the Internal Revenue Code of 1954).
5. REQUIRES the institution to MAINTAIN A RECORD of those persons requesting and/or gaining access to the student’s education record (except for 4.a. above and all requests for Directory Information).
6. Makes it incumbent upon the institution to NOTIFY THE STUDENT in the event OF A SUBPOENA of his/her record or a judicial order requiring the release of such data.
7. Expects the institution to INFORM THE STUDENTS of their rights under the provisions of this Act.
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