The Family Educational Rights and Privacy Act (FERPA)

Latin Beauty Academy provide the following general categories information, which is used as a notice to enrolled students:
• General disclosures for enrolled or prospective students;
• Annual security report and annual fire safety report;
• FERPA information (Family Educational Rights and Privacy Act of 1974.

Purpose of FERPA Regulations
• The purpose of this part is to set out requirements for the protection of privacy of parents and students under section 444 of the General Education Provisions Act, as amended.

The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. FERPA gives parents certain rights with respect to their children's education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are "eligible students." Parents or eligible students have the right to inspect and review the student's education records maintained by the school. Latin Beauty Academy is not required to provide copies of records unless, for reasons such as great distance for which it is impossible for parents or eligible students to review the records. Parents or eligible students have the right to request to our institution corrects records which they believe to be inaccurate or misleading. If Latin Beauty Academy decides not to amend the record, the parent or eligible student then has the right to a formal hearing. After the hearing, if Latin Beauty Academy still decides not to amend the record, the parent or eligible student has the right to place a statement with the record setting forth his or her view about the contested information.

Latin Beauty Academy provides a written permission from the parent or eligible student in order to release any information from a student's education record. However, FERPA allows schools to disclose those records, without consent, to the following parties or under the following conditions (34 CFR § 99.31):
• School officials with legitimate educational interest;
• Other schools to which a student is transferring;
• Specified officials for audit or evaluation purposes;
• Appropriate parties in connection with financial aid to a student;
• Organizations conducting certain studies for or on behalf of the school;
• Accrediting organizations;
• To comply with a judicial order or lawfully issued subpoena;
• Appropriate officials in cases of health and safety emergencies; and
• State and local authorities, within a juvenile justice system, pursuant to specific State law.
Definitions Applicable from FERPA to Latin Beauty Academy
Latin Beauty Academy keeps a directory information, which means information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed. This directory information includes, but is not limited to, the student's name; address; telephone listing; electronic mail address; photograph; date and place of birth; major field of study; grade level; enrollment status (full-time or part-time); dates of attendance; participation in officially recognized activities and sports; weight and height of members of athletic teams; degrees, honors, and awards received; and the most recent educational agency or institution attended. The directory information does not include a student's: Social security number; or student identification (ID) number as unique personal identifier used by a student for purposes of accessing or communicating in electronic systems, but only if the identifier cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user's identity, such as a personal identification number (PIN), password or other factor known or possessed only by the authorized user; and cannot be used to gain access to education records except when used in conjunction with one or more factors that authenticate the user's identity, such as a PIN, password, or other factor known or possessed only by the authorized user.

Latin Beauty Academy enforces disciplinary action imposition of sanctions with respect to an infraction or violation of the internal rules of conduct applicable to student’s privacy information.
Rights of Parents
Latin Beauty Academy gives full rights under the Act to either parent, unless our institution has been provided with evidence that there is a court order, State statute, or legally binding document relating to such matters as divorce, separation, or custody that specifically revokes these rights.
Rights of Students
Latin Beauty Academy understands that when a student becomes an eligible student, the rights accorded to, and consent required of, parents under this part transfer from the parents to the student. Our institution from disclosing education records, or personally identifiable information from education records, to a parent without the prior written consent of an eligible student if the disclosure.

Latin Beauty Academy considers that an individual who applies for admission at another component of that Latin Beauty Academy does not have rights under this part with respect to records maintained by that other component, including records maintained in connection with the student's application for admission, unless the student is accepted and attends that other component of the institution.
Annual Notification
Latin Beauty Academy annually notify parents of students currently in attendance, or eligible students currently in attendance, of their rights under the Act and this part:
• Inspect and review the student's education records;
• Seek amendment of the student's education records that the parent or eligible student believes to be inaccurate, misleading, or otherwise in violation of the student's privacy rights;
• Consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that the Act and authorize disclosure without consent; and
• File with the Department a complaint under concerning alleged failures by the educational agency or institution to comply with the requirements of the Act and this part.

The notice must include all of the following:
• The procedure for exercising the right to inspect and review education records;
• The procedure for requesting amendment of records;
Limitations on the Right to Inspect and Review Records
Latin Beauty Academy does not have to permit a student or parents to inspect and review education records that are:
• Financial records, including any information those records contain, of his or her parents;
• Confidential letters and confidential statements of recommendation placed in the education records;
- Letters and statements are related to the student's:
- Admission to an educational institution;
- Application for employment; or
- Receipt of an honor or honorary recognition.
Parent or Eligible Student Request Amendment of the Student's Education Records
• If any parent or eligible student of Latin Beauty Academy believes the education records relating to the student contain information that is inaccurate, misleading, or in violation of the student's rights of privacy, he or she may ask our institution to amend the record.
• Latin Beauty Academy will decide whether to amend the record as requested within a reasonable time after the agency or institution receives the request.
• If Latin Beauty Academy decides not to amend the record as requested, administration will inform the parent or eligible student of its decision and of his or her right to a hearing
Conditions Does Parents or Eligible Students have the Right to a Hearing
Latin Beauty Academy gives a parent or eligible student, on request, an opportunity for a hearing to challenge the content of the student's education records on the grounds that the information contained in the education records is inaccurate, misleading, or in violation of the privacy rights of the student. If, as a result of the hearing, the educational agency or institution decides that the information is inaccurate, misleading, or otherwise in violation of the privacy rights of the student, our institution will:
• Amend the record accordingly; and
• Inform the parent or eligible student of the amendment in writing.

If, as a result of the hearing, the educational agency or institution decides that the information in the education record is not inaccurate, misleading, or otherwise in violation of the privacy rights of the student, our institution will inform the parent or eligible student of the right to place a statement in the record commenting on the contested information in the record or stating why he or she disagrees with the decision of the agency or institution, or both.
Minimum Requirements Exist for the Conduct of a Hearing
The hearing required must meet, at a minimum, the following requirements:
• Latin Beauty Academy will hold the hearing within a reasonable time after it has received the request for the hearing from the parent or eligible student.
• Latin Beauty Academy will give the parent or eligible student notice of the date, time, and place, reasonably in advance of the hearing.
• The hearing will be conducted by an official of the institution, who does not have a direct interest in the outcome of the hearing.
• Latin Beauty Academy will give the parent or eligible student a full and fair opportunity to present evidence relevant to the issues raised. The parent or eligible student may, at their own expense, be assisted or represented by one or more individuals of his or her own choice, including an attorney.
• Latin Beauty Academy makes its decision in writing within a reasonable period of time after the hearing.
• The decision will be based solely on the evidence presented at the hearing, and will include a summary of the evidence and the reasons for the decision.
Conditions Prior Consent Required to Disclose Information
The parent or eligible student shall provide a signed and dated written consent before Latin Beauty Academy discloses personally identifiable information from the student's education records. The written consent must:
• Specify the records that may be disclosed;
• State the purpose of the disclosure; and
• Identify the party or class of parties to whom the disclosure may be made.

THEN,

Our institution will provide him or her with a copy of the records disclosed; and if the parent of a student who is not an eligible student so requests, Latin Beauty Academy will provide the student with a copy of the records disclosed. “Signed and dated written consent” under this part may include a record and signature in electronic form that identifies and authenticates a particular person as the source of the electronic consent; and indicates such person's approval of the information contained in the electronic consent.
Conditions Prior Consent Not Required to Disclose Information
Latin Beauty Academy may disclose personally identifiable information from an education record of a student without the consent required if the disclosure meets one or more of the following conditions:
• The disclosure is to other school officials, including teachers, within the institution whom the agency or institution has determined to have legitimate educational interests.
• A contractor, consultant, volunteer, or other party to whom the institution has outsourced institutional services or functions may be considered a school official under this paragraph provided that the outside party.
• Performs an institutional service or function for which the institution would otherwise use employees;
• Under the direct control of the agency or institution with respect to the use and maintenance of education records; and
• It is subject to the requirements of governing the use and re-disclosure of personally identifiable information from education records.

Latin Beauty Academy uses reasonable methods to ensure that school officials obtain access to only those education records in which they have legitimate educational interests. So, our institution ensures that its administrative policy for controlling access to education records is effective and that it remains in compliance with the legitimate educational interest. The disclosure is, subject to the requirements to officials of another school, school system where the student seeks or intends to enroll, or where the student is already enrolled so long as the disclosure is for purposes related to the student's enrollment or transfer.

Latin Beauty Academy to conduct any study in a manner that does not permit personal identification of parents and students, as defined in this part, by anyone other than representatives of the organization with legitimate interests. Our institution requires that officials destroy all personally identifiable information when the information is no longer needed for the purposes for which the study was conducted and specifies the time period in which the information must be destroyed.

If Latin Beauty Academy initiates legal action against a parent or student, our institution may disclose to the court, without a court order or subpoena, the education records of the student that are relevant for Latin Beauty Academy to proceed with the legal action as plaintiff.

If a parent or eligible student initiates legal action against Latin Beauty Academy, our institution may disclose to the court, without a court order or subpoena, the student's education records that are relevant for the educational agency or institution to defend itself.

The disclosure, subject to the requirements is to a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense. The disclosure may only include the final results of the disciplinary proceeding conducted by our institution of postsecondary education with respect to that alleged crime or offense. The institution may disclose the final results of the disciplinary proceeding, regardless of whether the institution concluded a violation was committed. The disclosure, subject to the requirements is in connection with a disciplinary proceeding at Latin Beauty Academy. The institution must not disclose the final results of the disciplinary proceeding unless it determines that:
• The student is an alleged perpetrator of a crime of violence or non-forcible sex offense; and
• With respect to the allegation made against him or her, the student has committed a violation of the institution's rules or policies. The institution may not disclose the name of any other student, including a victim or witness, without the prior written consent of the other student.

The disclosure is to a parent of a student at Latin Beauty Academy regarding the student's violation of any Federal, State, or local law, or of any rule or policy of the institution, governing the use or possession of alcohol or a controlled substance if;
• Latin Beauty Academy determines that the student has committed a disciplinary violation with respect to that use or possession; and
• The student is under the age of 21 at the time of the disclosure to the parent.

The disclosure concerns sex offenders and other individuals required to register under section 170101 of the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. 14071, and the information was provided to the educational agency or institution under 42 U.S.C. 14071 and applicable Federal guidelines.

De-identified records and information. If, Latin Beauty Academy has received education records or information from education records under this part, may release the records or information without the consent required after the removal of all personally identifiable information provided that our institution has made a reasonable determination that a student's identity is not personally identifiable, whether through single or multiple releases, and taking into account other reasonably available information.
Recordkeeping Requirements Concerning Requests and Disclosures
Latin Beauty Academy maintains a record of each request for access to and each disclosure of personally identifiable information from the education records of each student, as well as the names of State and local educational authorities and Federal officials and agencies that may make further disclosures of personally identifiable information from the student's education records without consent. Latin Beauty Academy obtain a copy of the record of further disclosures maintained and make it available in response to a parent's or eligible student's request to review the record required.

Latin Beauty Academy records the following information when it discloses personally identifiable information from education records under the health or safety emergency with exceptions as the articulable and significant threat to the health or safety of a student or other individuals that formed the basis for the disclosure.

Upon request, Latin Beauty Academy maintains a record of further disclosures must provide a copy of the record of further disclosures to the educational agency or institution within a reasonable period of time not to exceed 30 days.
Limitations to the Re-disclosure of Information
Latin Beauty Academy may disclose personally identifiable information from an education record only on the condition that the party to whom the information is disclosed will not disclose the information to any other party without the prior consent of the parent or eligible student. The officers, employees, and agents of a party that receives information may use the information, but only for the purposes for which the disclosure was made and has complied with the requirements.
Conditions to Disclosure of Information to Other Educational Agencies or Institutions
Latin Beauty Academy makes a reasonable attempt to notify the parent or eligible student at the last known address of the parent or eligible student, unless the disclosure is initiated by the parent or eligible student; or the annual notification of the agency or institution includes a notice that the agency or institution forwards education records to other agencies or institutions that have requested the records and in which the student seeks or intends to enroll or is already enrolled so long as the disclosure is for purposes related to the student's enrollment or transfer; give the parent or eligible student, upon request, a copy of the record that was disclosed; and give the parent or eligible student, upon request, an opportunity for a hearing.

Latin Beauty Academy may disclose an education record of a student in attendance to another educational agency or institution if, the student is enrolled in or receives services from the other agency or institution.
Conditions to Disclosure of Information for Federal or State Program Purposes
In Latin Beauty Academy only authorized officials may have access to education records 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. They are responsible for using reasonable methods to ensure to the greatest extent practicable to uses personally identifiable information only to carry out an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements related to these programs; protects the personally identifiable information from further disclosures or other uses and destroys the personally identifiable information.

Latin Beauty Academy establishes policies and procedures, consistent with the Act and other Federal and State confidentiality and privacy provisions, to protect personally identifiable information from education records from further disclosure and unauthorized use, including limiting use of personally identifiable information from education records to only authorized representatives with legitimate interests in the audit or evaluation of a Federal- or State-supported education program or for compliance or enforcement of Federal legal requirements related to these programs. In addition, the institution protects in a manner that does not permit personal identification of individuals by anyone other than the State or local educational authority or agency headed and their authorized representatives, except that the State or local educational authority or agency headed by an officials and may make further disclosures of personally identifiable information from education records on behalf of the educational agency or institution in accordance with the requirements, such as be destroyed when no longer needed for the purposes and the collection of personally identifiable information is specifically authorized by Federal law.
Conditions to Disclosure of Information in Health and Safety Emergencies
Latin Beauty Academy discloses personally identifiable information from an education record to appropriate parties, including parents of an eligible student, in connection with an emergency if knowledge of the information is necessary to protect the health or safety of the student or other individuals. Nothing in this Act or this part shall prevent an educational agency or institution from including in the education records of a student appropriate information concerning disciplinary action taken against the student for conduct that posed a significant risk to the safety or well-being of that student, other students, or other members of the school community; or disclosing appropriate information maintained to teachers and school officials within our institution who the agency or institution has determined have legitimate educational interests in the behavior of the student; or disclosing appropriate information maintained to teachers and school officials in other schools who have been determined to have legitimate educational interests in the behavior of the student.

Latin Beauty Academy takes into account the totality of the circumstances pertaining to a threat to the health or safety of a student or other individuals. If our institution determines that there is an articulable and significant threat to the health or safety of a student or other individuals, it may disclose information from education records to any person whose knowledge of the information is necessary to protect the health or safety of the student or other individuals. If, based on the information available at the time of the determination, there is a rational basis for the determination, the Department will not substitute its judgment for that of the educational agency or institution in evaluating the circumstances and making its determination.
Conditions to Disclosing Directory Information
Latin Beauty Academy discloses directory information if it has given public notice to parents of students in attendance and eligible students in attendance at the agency or institution of the types of personally identifiable information that the agency or institution has designated as directory information; or parent's or eligible student's right to refuse to let the agency or institution designate any or all of those types of information about the student as directory information; and the period of time within which a parent or eligible student has to notify our institution in writing that he or she does not want any or all of those types of information about the student designated as directory information.

Latin Beauty Academy disclose directory information about former students without complying with the notice and opt out conditions. However, our institution must continue to honor any valid request to opt out of the disclosure of directory information made while a student was in attendance unless the student rescinds the opt out request. As a parent or eligible student may not use the right to opt out of directory information disclosures to prevent our institution from disclosing or requiring a student to disclose the student's name, identifier, or institutional email address in a class in which the student is enrolled; or prevent our institution from requiring a student to wear, to display publicly, or to disclose a student ID card or badge that exhibits information that may be designated as directory information and that has been properly designated by our institution as directory information in the public notice.

In its public notice to parents and eligible students in attendance at our institution may specify that disclosure of directory information will be limited to specific parties, for specific purposes, or both. When Latin Beauty Academy specifies that disclosure of directory information will be limited to specific parties, for specific purposes, or both, the educational agency or institution must limit its directory information disclosures to those specified in its public notice. Our institution not disclose or confirm directory information without meeting the written consent requirements if a student's social security number or other non-directory information is used alone or combined with other data elements to identify or help identify the student or the student's records.
Conditions to Disclosure of Information as Permitted by State Statute Adopted After November 19, 1974, Concerning the Juvenile Justice System
If reporting or disclosure allowed by State statute concerns the juvenile justice system and the system's ability to effectively serve, prior to adjudication, the student whose records are released, Latin Beauty Academy discloses education records and the officials and authorities to whom the records are disclosed shall certify in writing to our institution that the information will not be disclosed to any other party, except as provided under State law, without the prior written consent of the parent of the student.
Definitions to the Nonconsensual Disclosure of Records by Postsecondary Educational Institutions in Connection with Disciplinary Proceedings Concerning Crimes of Violence or Non-Forcible Sex Offenses
As used previously in this document Alleged perpetrator of a crime of violence is a student who is alleged to have committed acts that would, if proven, constitute any of the following offenses or attempts to commit the following offenses:
• Arson
• Assault offenses
• Burglary
• Criminal homicide—manslaughter by negligence
• Criminal homicide—murder and nonnegligent manslaughter
• Destruction/damage/vandalism of property
• Kidnapping/abduction
• Robbery
• Forcible sex offenses.

Alleged perpetrator of a non-forcible sex offense means a student who is alleged to have committed acts that, if proven, would constitute statutory rape or incest.

Final results mean a decision or determination, made by an honor court or council, committee, commission, or other entity authorized to resolve disciplinary matters within the institution. The disclosure of final results must include only the name of the student, the violation committed, and any sanction imposed by the institution against the student.

Sanction imposed means a description of the disciplinary action taken by the institution, the date of its imposition, and its duration.

Violation committed means the institutional rules or code sections that were violated and any essential findings supporting the institution's conclusion that the violation was committed.
Responsibility of Latin Beauty Academy Concerning Conflict with State or Local Laws
If Latin Beauty Academy determines that it cannot comply with the Act or this part due to a conflict with State or local law, our institution must notify the Office within 45 days, giving the text and citation of the conflicting law. If another recipient of Department funds under any program administered by the Secretary or a third party to which personally identifiable information from education records has been non-consensually disclosed determines that it cannot comply with the Act or this part due to a conflict with State or local law, it also must notify the Office within 45 days, giving the text and citation of the conflicting law.
Information Submitted to the Department of Education
The Office may require to Latin Beauty Academy personally identifiable information from education records is non-consensually disclosed from education records is non-consensually disclosed to submit reports, information on policies and procedures, annual notifications, training materials, or other information necessary to carry out the Office's enforcement responsibilities under the Act or this part.

A parent or eligible student may file a written complaint with the Office regarding an alleged violation under the Act and this part. The Office's address is: Family Policy Compliance Office, U.S. Department of Education, 400 Maryland Avenue, SW., Washington, DC 20202.
Investigation Procedure
A complaint must contain specific allegations of fact giving reasonable cause to believe that a violation of the Act or this part has occurred. A complaint does not have to allege that a violation is based on a policy or practice of the educational agency or institution, other recipient of Department funds under any program administered by the Secretary, or any third party outside of an educational agency or institution.

The Office investigates a timely complaint filed by a parent or eligible student, or conducts its own investigation when no complaint has been filed or a complaint has been withdrawn, to determine whether an educational agency or institution or other recipient of Department funds under any program administered by the Secretary has failed to comply with a provision of the Act or this part. If the Office determines that Latin Beauty Academy has failed to comply with a provision of the Act or this part, it may also determine whether the failure to comply is based on a policy or practice of our institution. The Office also investigates a timely complaint filed by a parent or eligible student, or conducts its own investigation when no complaint has been filed or a complaint has been withdrawn, to determine whether Latin Beauty Academy has improperly re-disclosed personally identifiable information from education records in violation.

A timely complaint is defined as an allegation of a violation of the Act that is submitted to the Office within 180 days of the date of the alleged violation or of the date that the complainant knew or reasonably should have known of the alleged violation. The Office may extend the time limit in this section for good cause shown.
Content of the Notice of Investigation Issued by the Office
The Office notifies in writing the complainant to Latin Beauty Academy. The written notice includes the substance of the allegations against our institution and our institution must submit a written response and other relevant information within a specified period of time, including information about its policies and practices regarding education records. Then, the Office notifies the complainant if it does not initiate an investigation because the complaint fails to meet the requirements.

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