F.E.R.P.A.

FERPA

Privacy Act (F.E.R.P.A.)

The Family Educational Rights and Privacy Act (FERPA) afford eligible students certain rights with respect to their education records. (An “eligible student” under FERPA is a student who is 18 years of age or older and/or who attends a postsecondary institution. This includes attendance in person or remotely by video conference, satellite, Internet, or other electronic and telecommunications technologies. FERPA does not include prospective students or applicants to any academic program of Omega Studio’s school.)  These rights include:

  1. The right to inspect and review the student’s education records within 45 days after the
    day the Omega Studios’ School of Recording Arts & Sciences receives a request for
    access.
    A student should submit to the Director of Education a written request that identifies
    the record(s) the student wishes to inspect. The school official will make arrangements
    for access and notify the student of the time and place where the records may be
    inspected. If the records are not maintained by the school official to whom the request
    was submitted, that official shall advise the student of the correct official to whom the
    request should be addressed.
  2. The right to request the amendment of the student’s education records that the student
    believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights
    under FERPA.
    A student who wishes to ask the school to amend a record should write the school official
    responsible for the record, clearly identify the part of the record the student wants
    changed, and specify why it should be changed.
    If the school decides not to amend the record as requested, the school will notify the
    student in writing of the decision and the student’s right to a hearing regarding the
    request for amendment. Additional information regarding the hearing procedures will
    be provided to the student when notified of the right to a hearing.
  3. The right to provide written consent before the university discloses personally
    identifiable information (PII) from the student’s education records, except to the extent
    that FERPA authorizes disclosure without consent.
    The school discloses education records without a student’s prior written consent under
    the FERPA exception for disclosure to school officials with legitimate educational
    interests. A school official is a person employed by the School in an administrative,
    supervisory, academic, research, or support staff position (including law enforcement
    unit personnel and health staff); a person serving on the board of trustees; or a student
    serving on an official committee, such as a disciplinary or grievance committee. A school
    official also may include a volunteer or contractor outside of the School who performs
    an institutional service of function for which the school would otherwise use its own
    employees and who is under the direct control of the school with respect to the use and
    maintenance of PII from education records, such as an attorney, auditor, or collection
    agent or a student volunteering to assist 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 responsibilities for the
    School.
    Upon request, the school also discloses education records without consent to officials of
    another school in which a student seeks or intends to enroll.
  4. The right to file a complaint with the U.S. Department of Education concerning alleged
    failures by the School to comply with the requirements of FERPA. The name and address
    of the Office that administers FERPA is:
    Family Policy Compliance Office
    U.S. Department of Education
    400 Maryland Avenue, SW
    Washington, DC 20202
[NOTE: In addition, a school may want to include its directory information public notice, as
required by §99.37 of the regulations, with its annual notification of rights under FERPA.] See the list below of the disclosures that postsecondary institutions may make without consent.
FERPA permits the disclosure of PII from students’ education records, without consent of the
student, if the disclosure meets certain conditions found in §99.31 of the FERPA regulations.
Except for disclosures to school officials, disclosures related to some judicial orders or lawfully
issued subpoenas, disclosures of directory information, and disclosures to the student, §99.32 of
FERPA regulations requires the institution to record the disclosure. Eligible students have a right
to inspect and review the record of disclosures. A postsecondary institution may disclose PII from
the education records without obtaining prior written consent of the student:

  • To other school officials, including teachers, within the [School] whom the school has
    determined to have legitimate educational interests. This includes contractors,
    consultants, volunteers, or other parties to whom the school has outsourced institutional
    services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) –
    (a)(1)(i)(B)(2) are met. (§99.31(a)(1))
  • To officials of another school where the student seeks or intends to enroll, or where the
    student is already enrolled if the disclosure is for purposes related to the student’s
    enrollment or transfer, subject to the requirements of §99.34. (§99.31(a)(2))
  • To authorized representatives of the U. S. Comptroller General, the U. S. Attorney
    General, the U.S. Secretary of Education, or State and local educational authorities, such
    as a State postsecondary authority that is responsible for supervising the university’s
    State-supported education programs. Disclosures under this provision may be made,
    subject to the requirements of §99.35, in connection with an audit or evaluation of
    Federal- or State-supported education programs, or for the enforcement of or compliance
    with Federal legal requirements that relate to those programs. These entities may make
    further disclosures of PII to outside entities that are designated by them as their
    authorized representatives to conduct any audit, evaluation, or enforcement or
    compliance activity on their behalf. (§§99.31(a)(3) and 99.35)
  • In connection with financial aid for which the student has applied or which the student
    has received, if the information is necessary to determine eligibility for the aid, determine
    the amount of the aid, determine the conditions of the aid, or enforce the terms and
    conditions of the aid. (§99.31(a)(4))
  • To organizations conducting studies for, or on behalf of, the school, in order to: (a)
    develop, validate, or administer predictive tests; (b) administer student aid programs; or
    (c) improve instruction. (§99.31(a)(6))
  • To accrediting organizations to carry out their accrediting functions. ((§99.31(a)(7))
  • To parents of an eligible student if the student is a dependent for IRS tax purposes.  (§99.31(a)(8))
  • To comply with a judicial order or lawfully issued subpoena.  (§99.31(a)(9))
  • To appropriate officials in connection with a health or safety emergency, subject to §99.36.  (§99.31(a)(10))
  • Information the school has designated as “directory information” under §99.37.  (§99.31(a)(11))
  • To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of §99.39.  The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding.  (§99.31(a)(13))
  • To the general public, the final results of a disciplinary proceeding, subject to the requirements of §99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school’s rules or policies with respect to the allegation made against him or her. (§99.31(a)(14))
  • To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a)(15))

Health and Safety Exemption Requirement

There are limited exceptions to FERPA regulations under which Omega Recording Studios
School is permitted to disclose education records or personally identifiable, non-directory
information from education records in connection with a health or safety emergency without
student consent. The situation must present imminent danger to a student, other students or
members of the school community in order to qualify as an exception. This action is not taken
lightly and only under circumstances that present imminent danger.

Student Records Policies and Procedures

The Family Educational Rights and Privacy Act (FERPA) is a federal law designed to protect the
privacy of a student’s educational records. Because Omega is a post-secondary educational
institution, the rights described in FERPA belong to the students rather than their parents. The
term “student” as used in the following FERPA policy applies to currently enrolled students and
former Omega students who were accepted, began attending classes, and either graduated,
withdrew or did not graduate.
Questions about FERPA or FERPA rights should be addressed to the Director of Administration
or the Director of Financial Aid.

ANNUAL NOTIFICATION 

Students are notified of their FERPA rights by publication of this policy in the student guide and
it is posted on the school’s website.

STUDENT RIGHTS UNDER FERPA

Students have the right to Inspect and review their educational records
The procedure to inspect and review educational records is outlined below.

Request amendment of their educational records

Students may ask the school to amend a record that they believe is inaccurate or misleading.
They may submit a written request for amendment of their record(s) to the Director of
Administration, specifying why they believe the record is inaccurate or misleading. The Director
of Administration will notify the student of the decision made on the request for amendment.

Consent to disclosure of their educational records

The exceptions to disclosure of student records only with written consent are noted below.

File a complaint with the U.S. Department of Education

Individuals who have questions about FERPA or who wish to file a complaint should contact:
Family Policy Compliance Office
U.S. Department of Education
600 Independence Avenue, S.W.
Washington, D.C. 20202-4605

PROCEDURE TO INSPECT EDUCATION RECORDS

Students should submit to the Director of Administration a written request which identifies as
precisely as possible the record or records he or she wishes to inspect. The Director of
Administration will make the needed arrangements for access promptly and notify the student
in writing of the time and place where the records may be inspected. Access will be given in 30
calendar days or less from the receipt of the request. When a record contains information about more than one student, the student may inspect and review only the records which relate to him or her.
A student may not inspect parental tax information.

REFUSAL TO PROVIDE COPIES

Omega reserves the right to deny transcripts or copies of records not required to be made
available by the FERPA in any of the following situations:
1. The student has an unpaid financial obligation to the institution.
2. The student, after ceasing to attend Omega, has defaulted on a Federal Stafford Loan
(Subsidized or Unsubsidized) or other federal loan.
3. There is an unresolved disciplinary action against the student.

DISCLOSURE OF EDUCATION RECORDS

Omega will disclose information from a student’s education records only with the written
consent of the student, EXCEPT:
1. To school officials who have a legitimate educational interest in the records.
A school official is:
– a person employed by Omega in an administrative, supervisory, academic research
or support staff position.
– a person employed by or under contract to the institution to perform a special task,
such as an attorney, auditor or consultant.
A school official has a legitimate educational interest if the official is:
– performing a task that is specified in his or her position description or by a contract
agreement.
– performing a task related to a student’s education.
– performing a task related to the discipline of a student.
– providing a service or benefit relating to the student or student’s family, such as
health care, counseling, job placement or financial aid.
2. To officials of another school, upon request, in which a student seeks or intends to
enroll.
3. To certain officials of the U.S. Department of Education, the Comptroller General, and
state and local educational authorities in conjunction with an audit, review or
evaluation of compliance with education programs.
4. In connection with a student’s request for or receipt of financial aid, as necessary to
determine the eligibility, amount or conditions of the financial aid, or to enforce the terms
and conditions of the aid.
5. If required by a state law requiring disclosure that was adopted before November 19,
1974.
6. To organizations conducting certain studies for or on behalf of the school.
7. To accrediting organizations to carry out their functions.
8. To comply with a judicial order or a lawfully issued subpoena.
9. To appropriate parties in a health or safety emergency.
10. The records of a disciplinary proceeding conducted by Omega against an alleged
perpetrator of a violent crime will be disclosed to the alleged victim of that crime without
the written consent of the alleged perpetrator.
11. To parties requesting directory information, if a student has not provided a written
request for the non-disclosure of such information.

DIRECTORY INFORMATION

Omega designates the following items as Directory Information: Student name, curricula and
program of study, participation in officially recognized activities, dates of attendance, certificates
and awards received, and most recent previous school attended. Omega may disclose any of
these items without the student’s prior written consent. If a student wishes that the institution
should not release all or any of the above information, he or she may so inform the Director of
Administration’s office in writing, by the tenth calendar day following the start of his or her
classes.

CORRECTION OF EDUCATION RECORDS

A student has the right to ask to have records corrected that he/she believes are inaccurate,
misleading, or in violation of his/her privacy rights. The following are the procedures for the
correction of records:
1. A student must ask the Director of Administration to amend a record. In so doing, the
student must identify the part of the record to be changed and specify why it is inaccurate,
misleading or in violation of his or her privacy or other rights.
2. Omega may or may not comply with the request. If it decides not to comply, Omega will
notify the student of the decision and advise the student of his or her right to a hearing
to challenge the information believed to be inaccurate, misleading or in violation of the
student’s rights.
3. Upon request, Omega will arrange for a hearing. The student will be notified in advance
of the date, place, and time of the hearing.
4. The hearing will be conducted by a hearing officer who is a disinterested party; however,
the hearing officer may be an official of the institution. The student shall be afforded a
full and fair opportunity to present evidence relevant to the issues raised in the original
request to amend his/her educational records. The student may be assisted by one or
more individuals, including an attorney.
5. Within a reasonable period of time following the hearing, Omega will prepare a written
decision based solely on the evidence presented at the hearing. The decision will include
a summary of the evidence presented and the reasons for the decision.
6. If Omega decides that the challenged information is not inaccurate, misleading, or in
violation of the student’s right to privacy, it will notify the student that he/she has a right
to place in the record a statement commenting on the challenged information and/or a
statement setting forth reasons for disagreeing with the decision.
7. The statement will be maintained as part of the student’s education records as long as
the contested portion is maintained. If Omega discloses the contested portion of the
record, it must also disclose the student’s statement.
8. If Omega decides that the information is inaccurate, misleading, or in violation of the
student’s right to privacy, it will amend the record and notify the student, in writing, that
the record has been amended.

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