Family Educational Rights and Privacy (FERPA)

The Family Educational Rights and Privacy Act of 1974 (FERPA) gives students certain rights, consistent with the privacy of others, to review records, files and data held about them on an official basis by Yeshiva Divrei Chaim and also gives students the right to challenge the content of those records, files and data which they believe to be misleading, inaccurate or otherwise in violation of their privacy and other rights. Disclosure of information in educational records to persons within or outside of Yeshiva Divrei Chaim requires written consent of the student. The written consent must be signed and dated and include a specification of the records to be disclosed, the purpose of disclosure, and the party to whom the disclosure may be made.

Specifically, the student’s rights under FERPA include the following:

A: The right to inspect and review the student’s educational records within 45 days of the day Yeshiva Divrei Chaim receives a request for access. Students should submit to the Registrar, Dean, or other appropriate official, written requests that identify the record(s) they wish to inspect. The Seminary official will make arrangements for access and

notify the students of the time and place where the records may be inspected. If the records are not maintained by the Seminary official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.

Yeshiva Divrei Chaim reserves the right to refuse to permit a student to inspect the following records:

1. The financial statement of the student’s parents.
2. Letters and statements of recommendation for which the student has waived his or her right of access, or which were placed in file before January 1, 1975.
3. Records connected with an application to attend Yeshiva Divrei Chaim, if that application was denied.
4. Those records which are excluded from the FERPA definition of education record.

B: The right to request the amendment of the student’s education records that the student believes are inaccurate or misleading. Students may ask the Seminary to amend a record that they believe is inaccurate or

misleading. They should write the Seminary’s official responsible for the record, clearly identifying the part of the record they want changed, and specify why it is inaccurate or misleading. If the Seminary decides not to amend the record, as requested by the student, the Seminary will notify the student of the decision and advise the student of his right to a hearing regarding the request for the amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.

The following educational records are maintained by Yeshiva Divrei Chaim  and are considered subject to this law:

1. Admissions Records – maintained by the Office of Admissions.
2. Academic Transcripts – maintained by the Office of the Registrar.
3. Financial Records – maintained by the tuition and business offices.

C: The right to consent to disclosures of personally identifiable information contained in the student’s educational records, except to the extent that FERPA authorizes disclosure without consent.

One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the school in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the school has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; or 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.

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.

Upon request, the school discloses education records without consent to officials of another school in which a student seeks or intends to enroll.

D: The release of directory type information to third parties outside the institution, without written consent of the student, provided that the student has been given the opportunity to withhold such disclosure. Yeshiva Divrei Chaim, at its discretion, will release the following as directory information: student’s name, college, class, major, dates of attendance, degrees received.

Students who do not wish this information to be released outside of the Seminary must submit written notice to the Office of the Registrar.

With the exception of directory information, the Seminary does not permit access to or the release of education records without written consent of the student, other than the following:

1. to Yeshiva Divrei Chaim officials, including faculty, who require such records in the proper performance of their duties;
2. in connection with the student’s financial aid;
3. to organizations conducting studies for educational or governmental agencies (in which case individual students are neither identified nor identifiable);
4. U.S. government agencies as listed in Public Law 93-380;
5. parents of a dependent student as defined in the Internal Revenue Code of 1954;
6. accrediting agencies;
7. appropriate persons in connection with an emergency if the knowledge of such information is necessary to protect the health or safety of a student or any other person.

E: The right to file a complaint with the U.S. Department of Education concerning alleged failures by Yeshiva Divrei Chaim to comply with the requirements of FERPA.

The name and address of the Office that administers FERPA are: