Family Educational Rights and Privacy Act – FERPA

The Family Educational Rights and Privacy Act (FERPA) is a federal law that protects the privacy of a student’s education records. In compliance with FERPA, Aztec Software does not disclose personally identifiable information contained in student education records, except as authorized by law.

Information about students’ rights under FERPA and Aztec Software’s implementation of FERPA is set forth below.

Student Rights Under FERPA

In general, a student has the right to:

  • inspect his or her education records;
  • require that the Company obtain his or her prior written consent before releasing personally identifiable information from education records;
  • request that corrections be made to education records if the student believes the records are inaccurate or misleading or otherwise in violation of the student’s privacy rights under FERPA

Definitions

A student is defined as one who is, or has been, officially registered, and who attends, or has attended, classes at Aztec Software.
With certain exceptions, education records are records relating to a student that are maintained by the Company.
Personally identifiable information includes a student’s name, the name of the student’s parent or other family members, the address of the student or student’s family, or other information that would allow a student to be identified.
A parent means a parent of a student and includes a natural parent, a guardian, or an individual acting as a parent in the absence of a parent or guardian.

Inspection of Educational Records

To inspect education records, a student should submit a written request identifying the records to be inspected to the appropriate Company official.

Written requests to access records will receive a response within a reasonable time, but not more than forty-five days after submission. The Company may charge a fee for a copy of the education records requested.

Information which a Student Does Not Have the Right to Inspect

A student does not have a right under FERPA to inspect information that is not an education record, such as:

  • Records containing information about the individual that were created or received after he or she is no longer a student and that are not directly related to the student’s attendance;
  • Records of instructional, supervisory, and administrative personnel and educational personnel that are kept in the sole possession of the maker of the record and are not accessible or revealed to any other person except a temporary substitute for the maker of the record; and
  • Peer-graded content before they are collected and recorded by an instructor, or program.

Note: A student may have rights to inspect such records under other laws.
In addition, a student does not have the right to access certain education records, such as:

  • Credentials, or completion documents;
  • Financial records of the student’s parents;
  • Records of a student that contain information on other students. The student may inspect, review, or be informed of only the specific information about that student.

Authorizing Another Person to Inspect or Receive Copies of Your Records

A current or former student who wishes to permit another person to inspect or receive copies of the student’s education records must provide a signed notarized and dated written consent which must:

  • Specify the records that may be disclosed;
  • State the purpose of the disclosure;
  • Identify the person or class of parties to whom the disclosure can be made.

When Disclosure is Permitted Without Prior Consent of the Student

In general, the Company may not disclose personal information from a student’s education records without the student’s prior consent. However, the Company, in compliance with the law, may disclose personal information without the student’s prior consent under these conditions:

A. To Company officials, staff, and others engaged in activities on behalf of the Company with a legitimate educational interest
The Company discloses information to Company officials, staff, and others whom the Company has determined to have a legitimate educational interest. An individual has a legitimate educational interest if the individual needs to review an education record in order to fulfill his or her professional responsibilities to the Company. Such individuals include officers of the Company, faculty, administrative staff, law enforcement and legal personnel, and may include contractors, consultants and professionals engaged by the Company where disclosure of the information is necessary for such individuals to fulfill their duties and responsibilities to the Company. In addition, these individuals may include Aztec Software Employees, persons from outside the Company, and volunteers, who are requested to serve on an authorized committee or board of the Company (such as a disciplinary committee) or to otherwise perform authorized tasks for the Company.

C. In health or safety emergency situations
In the case of an emergency, the Company discloses information from education records to the appropriate parties, including parents, if the Company deems that knowledge of the information is necessary to protect the health, safety, or well-being of the student or other individuals. Such disclosure may include any disciplinary action previously taken against the student for conduct that posed a significant risk to the safety and well-being of that student, other students, or members of the Company community.

D. In compliance with a subpoena
The Company will make a reasonable effort to notify the student of the subpoena before complying. However, in the case of a subpoena issued for law enforcement purposes or an exparte order under the USA Patriot Act, the Company is not required to notify the student of the existence or the contents of the subpoena, or of the information furnished in response to the subpoena, if the Court or other issuing agency has ordered that such information not be disclosed.

F. To officials of other institutions or organizations

  • To which the student seeks or intends to transfer or in which the student is already enrolled, provided the disclosure is for purposes related to the student’s enrollment or transfer. The Company may, with the students written
  • To which a student has applied for or from which he/she has received financial aid to support the student’s education, in cases where the information is related to (1) determining the eligibility for, amount of, or conditions of the aid, or (2) enforcing the terms and conditions of the aid.

In cases where the Company has previously transmitted such information to another institution or organization in which the student has enrolled, has been placed, or has sought financial aid, the Company may send corrected records if there are changes to the information previously sent.

G. To the parents of dependent students
In rare circumstances, the Company may disclose information from a student’s records to the student’s parents without the student’s prior consent if the student meets the criteria of dependency as defined by Section 152 of the Internal Revenue Code of 1986. In cases of divorce or separation, when relying on dependency as the basis for communication, the Company reserves the right to communicate with both parents unless provided with evidence that one parent’s rights have been legally revoked or otherwise limited.

H. To authorized representatives of certain government offices
The Company will release information to authorized representatives of the U.S. Comptroller General’s Office, the U.S. Attorney General, the U.S. Department of Education, and state and local educational authorities in connection with an audit or an evaluation of federal or state supported programs and to assure the enforcement of or compliance with federal or state legal requirements related to these programs.

I. In compliance with the Solomon Amendment
The Company will release student information for the purposes of military recruiting to the Department of Defense.

The information released is limited, when available, to student name, address, telephone listing, date and place of birth, levels of education and degrees received, prior military experience, and the most recent educational institution attended unless restricted.

J. In response to complaints and legal actions involving the student and the Company
If a student or parent initiates legal action or brings complaints against the Company, the Company may disclose education records relevant to the response to the complaint without a court order or subpoena. In addition, in the event that the Company initiates legal action against a parent or student, the Company may disclose education records relevant to the action without a court order or subpoena.

K. To authorized representatives of the state and local government
The Company may disclose information to these authorized representatives if disclosure is allowed pursuant to a state statute concerning the juvenile justice system.

L. To accredited organizations
The Company may release information to organizations that accredit colleges and universities for the purpose of assisting their accrediting functions.

M. To organizations conducting studies for or on behalf of the Company
The Company may disclose information to organizations seeking to improve education for or on behalf of the Company (e.g. developing predictive tests or administering student aid programs).

N. In connection with notifications received under a state community notification program
The Company will disclose information in connection with notifications received under a state community notification program about a student who is required to register as a sex offender.

O. To parties who provided or created a record
The Company may send education records back to the creator or sender of such records for confirmation of the authenticity of the record (e.g. of a transcript or letter).

P. After removal of all personally identifiable information
If all personally identifiable information has been removed from a record and the Company has made a reasonable determination that a student’s identity is not personally identifiable, the Company may release and or use information concerning a student.

Limitations of Redisclosures

Under FERPA, information disclosed by the Company may be subject to restrictions against redisclosure.

Complaint Procedure

A student has the right to file a complaint with the Family Policy Compliance Office at the U.S. Department of Education concerning alleged failures by the Company to comply with the requirements of FERPA. A complaint must be submitted to the Office within 180 days of the date of the alleged violation or of the date that the student knew or reasonably should have known of the alleged violation. The complaint must contain specific factual allegations giving reasonable cause to believe that a violation of the Act has occurred, and it should be forwarded to: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, S. W., Washington, DC 20202-4605.

Questions

Questions about the Company’s policies and practices or about specific educational records should be addressed to the Access Officer, Aztec Software, 51 Commerce St, Springfield, NJ 07081.

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