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To comply with the Family Education Rights and Privacy Act (“FERPA”) of the Buckley Amendment, AMDA has established the following policy:

Scope of the Act: General

The Federal Family Educational Rights and Privacy Act of 1974, and its implementing federal regulations affords to persons who are currently, or were formerly, in attendance at AMDA as registered students a right of access to their “educational records” that contain information directly related to such persons. Persons who unsuccessfully applied for admission to AMDA are not covered by the Act. 

The Act also restricts the persons to whom AMDA may disclose a student’s education records without the student’s written permission.

Records Covered

“Educational records” of a student include records, files, documents, and other materials regularly maintained by AMDA that contain information directly related to a student after matriculation and that are maintained in connection with the student’s attendance at AMDA. “Educational records” are records that are directly related to a student and that are maintained by an educational agency or institution or a party acting for or on behalf of the agency or institution. These records include but are not limited to grades, transcripts, class lists, student course schedules, health records (at the K-12 level), student financial information (at the postsecondary level), and student discipline files. The information may be recorded in any way, including, but not limited to, handwriting, print, computer media, videotape, audiotape, film, microfilm, microfiche, and e-mail.

Access Rights of Students: Procedure

Students may obtain access to their education records by contacting the Academic Services & Registrar’s Office. AMDA is required to grant the request within 45 days. The Academic Services & Registrar’s Office will forward copies of the student’s request to the appropriate office(s) holding the requested files. These offices will contact the student and invite them to inspect the records. 

If a student wishes to inspect an education record that also contains information regarding another student, such inspection is permissible only if (a) the information about the other student is inseparable from information about the requesting student, (b) any personally identifiable information about the other student is redacted prior to inspection by the requesting student, (c) the other student provides a prior, written consent, or (d) disclosure is otherwise permitted or required by law. 

A student will ordinarily not be provided with copies of any part of their record other than their transcript, unless the inability to obtain copies would effectively prevent them from exercising their right to inspect and review his education records. In cases where copies will be provided, the department or office of AMDA maintaining the record in question may impose a charge for making such copies at such uniform rates as it shall determine. Each department or office should establish and make readily available a schedule of such charges. In general, the charges imposed will not exceed $.10 per page. An exception is the case of unofficial transcripts, which are free. Students will not be permitted to remove the original record(s) from the record review office. At the conclusion of the review the record(s) is returned to the office(s) that maintains it. 

If a student is physically unable to come to the appropriate record review office, and if this inability would effectively deny the student access to their records, the student may obtain a record request form by calling or writing to the appropriate record review office. The student should then return the completed request form by mail to the record review office. The office will make special arrangements for the review. 

Generally, educational records of a student will be maintained by the Academic Services & Registrar’s Office. In addition, AMDA’s Center for Health and Performance maintains records relating to students who have utilized their services.

Confidential Letters of Recommendation

In general, a student may have access to confidential letters and statements of recommendation that are part of the student’s education records. This right, however, does not apply to such letters and statements placed in the student’s education records prior to January 1, 1975, if such letters and statements are not used for purposes other than those for which they were specifically intended. 

A student may, by signing a written waiver, relinquish their right to inspect confidential recommendations placed in the student’s education records on or after January 1, 1975, respecting (1) admission to any educational institution; (2) an application for employment; or (3) the receipt of an honor or honorary recognition. In no case will any student be required by AMDA to waive their rights to access confidential recommendations.

Amendment of Records

If a student believes that any of their education records contain information that is inaccurate, misleading, or in violation of their rights of privacy, they may ask AMDA to correct or delete such information. The student may also ask that additional explanatory material be inserted in the record. 

Requests for amendment of a record or the addition of explanatory material should be submitted, in writing, within a reasonable amount of time after the conclusion of the record review. The reasons for the request should be set forth and should clearly identify the part of the record the student wants changed and specify why it is inaccurate or misleading. There is no obligation on the part of AMDA to grant such a request.

If AMDA declines to amend records as requested by the student, it will inform the student, and the student may request a hearing to appeal the decision. The right to challenge the contents of an educational record may not be used to question substantive educational judgments that have been correctly recorded. For example, a hearing may not be requested to contest the assignment of a grade. Grades given in the course of study include written evaluations that reflect institutional judgment of the quality of a student’s academic performance. 

Hearing requests must be made in writing to the Academic Services & Registrar’s Office, within thirty (30) days of being informed of the decision to decline the request for amendment. Within a reasonable period of time after receiving such a request, the Academic Services & Registrar’s Office will inform the student of the date, place and time of the hearing. 

The hearing will take place before a committee composed of faculty and staff members who do not have a direct interest in the outcome of the hearing. The student may present evidence relevant to the issues raised and may be assisted or represented at the hearing by one or more persons of the student’s choice, at the student’s sole expense. The Committee must issue a written decision that contains a summary of the evidence and a statement of the basis for the decision. 

The decision of the Committee is final and must be based solely on the evidence presented at the hearing. If the decision is in the student’s favor, the education records will be amended in accordance with the Committee’s decision. If the decision is unfavorable to the student, the student may prepare a statement commenting on the contested information in the education record or stating why the student disagrees with the decision not to amend the record, or both. AMDA must maintain any such statement along with the contested part of the record for as long as AMDA maintains that record and AMDA must disclose the statement whenever it discloses the portion of the record to which the statement relates.

Access by or Release to Others: General

AMDA will not generally permit access to, or release of, educational records or personally identifiable information contained therein to any party without the written consent of the student. AMDA may, however, as provided in the Act, release such data to certain persons including but not limited to: 

  • Officials of AMDA who have a legitimate educational interest (including persons with whom AMDA has contracted) in obtaining access to the records. Such access will be granted if the official needs to review an educational record in order to fulfill their professional responsibility. 

  • Persons who require access in connection with the student’s application for, or receipt of, financial aid. 

  • Parents of a student provided the student is a “dependent” of the parents for federal income tax purposes. In general, AMDA does not make education records available to a student’s parents. However, where AMDA believes that it is in a dependent student’s interest, information from the student’s educational records may be released to the parents of such a dependent student. In order for this exception to apply, parents and guardians must provide a copy of their previous year’s federal tax return demonstrating the student’s dependent status. 

AMDA may release such information in compliance with a judicial order or pursuant to any lawfully issued subpoena. As a general policy, before any information is released AMDA will first notify the student at the student’s most recent address as shown in the records maintained by the Academic Services & Registrar’s Office. However, in compliance with the Act, some judicial orders and subpoenas issued for law enforcement purposes specify that AMDA cannot disclose to any person the existence or contents of the order or subpoena or the information furnished in compliance with it. 

In connection with an emergency, AMDA may release information from educational records to appropriate persons if the knowledge of such information is necessary to protect the health or safety of a student or other persons. AMDA is required to maintain in the student’s file a record of the situation that prompted such disclosure and a list of individuals to whom disclosure was made.

Release with the Student’s Consent

Upon written consent or request by a student, AMDA will release information from the student’s educational records to third parties. The student should make a request for such release to the department or office having custody of the record involved. AMDA may impose a charge for copying a student’s records in connection with such release.

Release of Information to Parents and Guardians of AMDA Students

Subject to the limitations set out in §99.31 of the Act, where parents or guardians claim their students as dependents for tax purposes, AMDA may notify such parents or guardians when there is a change in the student’s status (e.g. being placed on or removed from academic probation) or if there is a change in enrollment as a consequence of a student being barred from AMDA for failure to meet the terms of academic probation or for disciplinary reasons. In order to be notified of the changes of status and enrollment listed above, parents and guardians must make a request to the Academic Services & Registrar’s Office along with a copy of their previous year’s federal tax return demonstrating the student’s dependent status. 

Alternatively, any student — whether considered a dependent or not — who wishes that their parents, guardians or other family members be notified of status changes or grades may complete and return to the Academic Services & Registrar’s Office a signed release form.

Transfer of Information to Third Parties

It shall be a condition of the release by AMDA of any personal information of a student to a third party that the party to which the information is released will not permit any other party to have access to such information without the written consent of the student. An institution to which such information is released may permit its officers, employees, and agents to use such information but only for the purposes for which the disclosure was made. These restrictions do not apply to certain subpoenas and court orders.

Directory Information

AMDA may, at its discretion, release “directory information” with respect to a student for any purpose without the student’s consent. AMDA is required to give notice of the categories of information that it will treat as “directory information.” Accordingly, AMDA hereby gives public notice that it has designated the following categories of information as directory information with respect to each student: name, local and permanent address, electronic mail address, telephone listing; age; photograph; major field of study; participation in officially recognized activities and performances; enrollment status; dates of attendance at AMDA; degrees, honors and awards received, and their dates; and most recent educational institution attended.

A student in attendance at AMDA who does not want to have directory information relating to themselves released should complete an Authorization to Withhold Directory Information form and return it to the Academic Services & Registrar’s Office. 

A student may not use the withholding of directory information to prevent AMDA from disclosing or requiring the student to disclose their name, identifier, or institutional email address in a class in which the student is enrolled. 

If a student makes a decision to withhold directory information, any requests during that academic year for such information from non-AMDA persons or organizations will be refused (subject to the exceptions stated in §99.31 of the Act above or unless the student has subsequently removed the hold by notifying AMDA in writing). If a student does not specifically request the withholding of directory information by filing the Authorization to Withhold Directory Information form, as indicated above, AMDA assumes that they approve of the disclosure of such information. AMDA disclaims any and all liability for inadvertent disclosure of directory information designated to be withheld.

Review by Government Agencies

Authorized representatives of government agencies may occasionally ask to see a student’s education records. Such requests are usually made when a student or former student has applied for a government job. Generally, AMDA will handle such requests in the same manner as other requests for access to student records by third parties, provided that the government agent shows official identification and provides a signed release from the student, a copy of which will be retained by AMDA. 

If a government agent has a subpoena, they should be referred to the General Counsel. Under FERPA regulations, AMDA is required to make a reasonable attempt to notify the student prior to complying with the subpoena unless, in the case of a subpoena issued for law enforcement purposes, the subpoena orders that such notification not be made.

General Rights and Responsibilities of Students

You have the right to ask AMDA:

  • about instructional programs, facilities, and faculty

  • about the cost of attendance and the refund policy 

  • what financial assistance is available 

  • about procedures and deadlines for submitting applications and fees 

  • how it selects financial aid recipients 

  • how financial need is determined 

  • how much of your financial need has been met 

  • to explain each type of assistance in your financial aid package 

  • the name of its accrediting agency 

  • how and when funds will be received 

  • about student loan repayment provisions 

  • to reconsider an aid package, if a mistake has been made or financial circumstances change 

  • how satisfactory progress is determined and measured 

  • what it means if your Student Aid Report (SAR) is selected for verification and what documents you will be asked to submit in that process

It is your responsibility to: 

  • review and consider all information about AMDA before enrollment 

  • accurately complete all requested information in a timely manner 

  • understand and comply with all AMDA policies and deadlines 

  • provide all documentation, corrections, and new information required 

  • notify AMDA of any changes to your application 

  • read and understand all the forms that you are asked to sign 

  • repay any student loans which you have borrowed 

  • fulfill your financial obligations to AMDA in a timely and complete fashion 

  • attend entrance and exit interviews with the Education Department 

  • notify AMDA of any change of address, name, or attendance status 

  • understand AMDA’s refund policy

Maintenance of Student Records

FERPA does not impose an obligation on college officials to create or maintain particular education records, except that AMDA cannot discard an education record for which a request for inspection is pending. 

However, AMDA is required to maintain a record, kept with the education records of each student, indicating all individuals, agencies or organizations that have requested or obtained access to a student’s education records and indicating specifically the legitimate interest that each has in obtaining the information. This requirement does not extend to requests made by college officials with legitimate educational interests and to certain requests made in the context of ongoing terrorist investigations and prosecutions.

General Information Regarding Students’ Rights and Benefits

You may view the Federal Family Educational Rights and Privacy Act on the U.S. Department of Education Web site at https://studentprivacy.ed.gov/ferpa. 

AMDA will inform students of the guidelines in this policy and of their rights under FERPA and the Department of Education’s FERPA regulations by placing a notice about them in the AMDA Student Handbook each year. Each office at AMDA that maintains educational records should keep with each student’s file a permanent record of all parties who have requested access to the student’s records, other than custodians of such files; college officials normally dealing with such files in performance of their duties; college officials who have been determined to have a legitimate educational interest in obtaining access to the records; parents of a dependent student; parties who have received directory information; parties who have received records or information pursuant to the student’s written consent; and the recipient of records or information pursuant to certain subpoenas and court orders. Such records of access should indicate specifically the legitimate interest that each such party had in obtaining access to the student’s records and whether or not the request was granted. A student may inspect such records relating to his education records. Questions about the interpretation of this policy should be referred to AMDA’s General Counsel. 

Complaints regarding violations of a student’s rights under the Act may be filed with: 

Family Policy Compliance Office U.S. Department of Education 400 Maryland Avenue, S.W. Washington, DC 20202-5920 Telephone: 202-260-3887 | Fax: 202-260-9001