FERPA is the federal law that governs the rights of students and institutional responsibilities with respect to student records. If you have any questions regarding any of the information contained herein, please contact the Pure Aesthetics Natural Skincare School Compliance Office.

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What is FERPA?

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The Family Educational Rights and Privacy Act of 1974, commonly referred to as FERPA, is a federal law designed to protect the privacy of a student’s educational record. FERPA applies to all educational institutions that receive federal funding for any program administered by the Secretary of Education.  FERPA also applies to private entities that contract to perform services for the institution that it would otherwise undertake to perform on its own; in such cases, the private entity must observe the same FERPA protections applicable to the school. FERPA grants adult students (18 and older) the following rights:

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• The right to inspect and review their educational records

• The right to seek the amendment of their educational records

• The right to consent to the disclosure of their educational records

• The right to obtain a copy of their school’s Student Records Policy

• The right to file a complaint with the FERPA Office in Washington, D.C.

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FERPA Basics

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With only a few exceptions, student educational records are considered confidential and may not be released without the written consent of the student.

All staff members have a responsibility to protect educational records in their possession.

Staff members may only access information that is needed for legitimate completion of their responsibilities as employees of the institution.

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What is an Education Record?

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“Education Records” include any information or data recorded in any medium, including but not limited to, handwriting, print, sound recordings,, film, e-mail, text messages or other electronic communication which is directly related to a student and maintained by the school or by a person acting for the school.

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Examples of an Education Record include:

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• Admissions information for students who are accepted and enrolled;

• Biographical information including date and place of birth, gender, nationality, information about race and ethnicity, and identification photographs;

• Grades, test scores, evaluations, courses taken, academic specialization and activities, and official communications regarding a student’s status;

• Course work including papers and exams, class schedules, as well as written, email or recorded communications that are part of the academic process;

• Disciplinary records;

• Students’ financial and financial aid records;

• Internship program records;

• SID:  Student Identification number.

 

 

What is NOT an Educational Record?

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Education records do not include:

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• Pure Aesthetics Natural Skincare School’s law enforcement records;

• Employment records when the employment is not connected to student status (e.g., a staff member who happens to be pursuing a degree at the institution, as opposed to a student employed under the work-study program);

• Medical and mental health records used only for treatment of the student;

• Alumni records which do not relate to or contain information about the person as a student (e.g., information collected by the school pertaining to alumni accomplishments);

• “Sole possession records.” The term “sole possession records” is intended to cover memory aids or reference tools. It does not refer to records that contain information provided directly by a student or records that are used to make decisions about a student. As such, this is a very limited exception;

• Access to Student Education Records

 

In general, the school will not release “personally identifiable information” from a student’s education record without the student’s prior written consent; however, FERPA allows disclosure without student consent under the following circumstances:

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• School employees who have a “legitimate educational interest” in the records in order to perform their duties;

• Other schools where a student seeks to enroll or is enrolled;

• Accrediting organizations;

• Organizations doing certain studies for the school;

• Appropriate parties to determine eligibility, amount or conditions of financial aid, or to enforce the terms and conditions of aid;

• Parents of a “dependent student,” as defined in the Internal Revenue Code, when the parent has provided a notarized affidavit, along with a copy of the relevant page of the parent’s most recent income tax return indicating the student’s dependent status. Affidavits must be updated annually, otherwise, prior written permission from the student is required;

• Certain government officials of the U. S. Department of Education, the Comptroller General, and state and local educational authorities, in connection with an audit, authorized representatives of the U. S. Attorney General for law enforcement purposes or state or federally supported education programs;

• Individuals who have obtained a judicial order or subpoena;

• School officials who have a need to know concerning disciplinary action taken against a student;

• Appropriate parties who need to know in cases of health and safety emergencies when necessary to protect the student and/or others;

• An alleged victim of a crime of violence or non-forcible sexual offense has a right to learn the results of a disciplinary proceeding conducted by the institution against the alleged perpetrator of the crime.

• Information regarding any violation of school policy or state, federal or local law, governing the use or possession of alcohol or a controlled substance may be released to the parents or legal guardian of a student under the age of 21;

• Those requesting “directory information” on a student provided the student has not requested his or her information be withheld;

• Approved vendors /3rd party operators contracted with the school to provide services.

 

FERPA allows for disclosure in the above circumstances, but disclosure is not required.

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Directory Information / What does PA give out?

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Pure Aesthetics designates the following items as directory information:

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• Student’s name*

• Local address*

• Home and/or mobile telephone numbers*

• Email address*

• Class standing/Classification

• Dates of attendance

• Status (full or part-time registration)

• Honors and awards received

• Participation in officially recognized activities

 

Pure Aesthetics designates the following items as limited directory information:

• Date of birth* – Date of birth is only released to official agencies as required for matching student records.

• Student photo – Will only be utilized and/or released when required for verification of attendance, testing, advising and identification in health and safety situations.

 

*The noted (*) items above can be specifically restricted by the student by making a written request to the school compliance office. It is the school’s responsibility to make sure there are no restrictions prior to releasing student data.

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Restricting Release of Information

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Pure Aesthetics may disclose to third-parties student information that it has designated as directory information, provided that the student has not restricted disclosure. 

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Annual Notification

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The Family Educational Rights and Privacy Act (FERPA) affords 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 or who attends a postsecondary institution at any age.) These rights include:

1. The right to inspect and review the student's education records within 45 days after the day Pure Aesthetics (“School” or “Institution”) receives a request for access. A student should submit to the registrar, the Director or the Associate Director 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 Pure Aesthetics to amend a record should write the school official, 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 Pure Aesthetics discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent.

Pure Aesthetics discloses education records without a student’s prior written consent under theFERPA exception for disclosure to school officials with legitimate educational interests. A school official typically includes a person employed by Pure Aesthetics 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 Pure Aesthetics 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 typically has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for Pure Aesthetics.

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Upon request, the school also discloses education records without consent to officials of another school in which a student seeks or intends to enroll. The request to forward records must be initiated by the student.

4. The right to file a complaint with the U.S. Department of Education concerning alleged failures by Pure Aesthetics to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:

Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202

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See the list below of the disclosures that Pure Aesthetics 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 Pure Aesthetics 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)(3) 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))

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Comments/Questions

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Questions related to FERPA should be directed to the compliance office.

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Filing a Complaint

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Students have a right to file a complaint with the U.S. Department of Education concerning alleged failures by Pure Aesthetics to comply with the requirements of FERPA.

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Student Privacy Policy Office

U.S. Department of Education

400 Maryland Avenue, SW

Washington, DC 20202-4605