Notification of Rights Under the Family Educational Rights and Privacy Act (“FERPA”)
Last Updated: December 2, 2022, v. 2.0
The Family Educational Rights and Privacy Act (“FERPA”) affords eligible students enrolled at a GIA campus located in the United States (“student,” or “you”) certain rights with respect to their education records. If you are enrolled or enrolling at GIA as a part of the GIA Education Corporate Sponsor Program, additional terms and conditions also apply.
Student Rights
Student rights include:
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The right to inspect and review your education records within 45 days after the day the Gemological Institute of America, Inc. (“GIA,” or the “Institute”) receives a request from you to access your education records. You should submit to the education records department a written request that identifies the education record(s) you wish to inspect. The education records department will make arrangements for your access and notify you of the time and place where the records can be inspected. If the records are not maintained by the education records department, it shall advise you of the correct official to whom the request should be addressed.
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The right to request the amendment of your education records that you believe is inaccurate, misleading or otherwise in violation of your privacy rights under FERPA.
If you wish to ask GIA to amend a record, you should write the education records department, clearly identify the part of the record you want changed, and specify why it should be changed (including, without limitation, how the current education record is inaccurate).If GIA decides not to amend the record as requested, the education records department will notify you in writing of the decision and your right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to you when notified of the right to a hearing. Your right to challenge the contents of an educational record cannot be used to question substantive educational judgments that have been correctly recorded, including, for example, individual assignment grades that have been correctly recorded.
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The right to provide written consent before GIA discloses personally identifiable information (“PII”) from your education records, except to the extent that FERPA authorizes disclosure without consent.
In addition to those disclosures set forth below under “Disclosures that GIA Can Make Without Student Consent,” GIA discloses education records without your prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. School officials can include persons employed by GIA in an administrative, supervisory, academic, research or support staff position (including security staff and threat assessment teams); a person serving on the board of trustees; or a student serving on an official committee, including, for example, those students serving on a disciplinary or grievance committee. A school official can also include a volunteer or contractor outside of GIA who (i) performs an institutional service or function for which GIA would otherwise use its own employees for and (ii) is under the direct control of GIA with respect to the use and maintenance of PII from education records, including, for example, an attorney, auditor, or collection agent or a student volunteering to assist another school official in performing their tasks. A school official can have a legitimate educational interest if the official needs to review an education record in order to fulfill their professional responsibilities for GIA.
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The right to opt-out of the disclosure or release of directory information as further defined and specified in the “Directory Information Definition and Opt-Out” section below.
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The right to file a complaint with the U.S. Department of Education concerning alleged failures by GIA 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
Disclosures that GIA Can Make Without Student Consent:
FERPA permits the disclosure of PII from your education records, without your consent, if the disclosure meets certain conditions found in the applicable FERPA regulations. Except for disclosures to school officials (as further detailed above), disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to you, GIA is required to record the disclosure. You have a right to inspect and review the record of disclosures made by GIA that do not fall into the foregoing categories.
GIA can disclose PII from the education records without obtaining prior written consent from you pursuant to applicable FERPA regulations in the following instances:
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To other school officials within GIA, including, for example teachers and as detailed above in the “Student Rights” section, whom GIA has determined to have legitimate educational interests. This includes contractors, consultants, volunteers or other parties to whom GIA has outsourced institutional services or functions.
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To officials of another school where you seek or intend to enroll, or where you are already enrolled if the disclosure is for purposes related to your enrollment or transfer.
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To authorized representatives of the U. S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, accrediting agencies or state and local educational authorities, such as a state postsecondary authority that is responsible for supervising GIA’s state-supported education programs. Disclosures under this provision can be made 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, accreditation standards, or state laws that relate to those programs. These entities can 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.
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In connection with financial aid for which you have applied or which you have received, if the information is necessary to (a) determine eligibility for the aid, (b) determine the amount of the aid, (c) determine the conditions of the aid, or (d) enforce the terms and conditions of the aid.
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To state and local officials or authorities to whom this information is specifically:
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allowed to be reported or disclosed pursuant to state statute adopted before November 19, 1974, if the allowed reporting or disclosure concerns the juvenile justice system and the system's ability to effectively serve the student whose records are released; or
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allowed to be reported or disclosed pursuant to state statute adopted after November 19, 1974, subject to applicable FERPA regulations.
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To organizations conducting studies for, or on behalf of, GIA, in order to: (a) develop, validate or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§ 99.31(a)(6))
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To accrediting organizations to carry out their accrediting functions. (§ 99.31(a)(7))
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To your parents if you are a dependent for IRS tax purposes. (§ 99.31(a)(8))
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To comply with a judicial order or lawfully issued subpoena. (§ 99.31(a)(9))
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To appropriate officials (government or otherwise) in connection with a health or safety emergency, subject to § 99.36. (§ 99.31(a)(10))
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Information GIA has designated as “directory information” as further set forth under the “Directory Information Definition and Opt-Out” section below.
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To you if you are a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense. The disclosure will only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding.
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To the general public, with the final results of a disciplinary proceeding if GIA determines that you are an alleged perpetrator of a crime of violence or non-forcible sex offense and you have committed a violation of GIA’s rules or policies with respect to the allegation made against you.
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To your parents regarding your violation of any federal, state, or local law, or of any rule or policy of GIA, governing the use or possession of alcohol or a controlled substance if GIA determines you committed a disciplinary violation and you are under the age of 21.
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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 GIA under 42 U.S.C. 14071 and applicable federal guidelines.
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If such disclosure is otherwise required pursuant to applicable law, regulation, or government proceeding.
Directory Information Definition and Opt-Out:
FERPA specifies that directory information includes, without limitation, any information contained in a student’s education record(s) that would not generally be considered harmful or an invasion of privacy if disclosed. As such, directory information can be disclosed or released without your written consent. GIA’s directory information includes title, first name, last name, phone number, address (home and mailing), email address, business name, business address, business website, business email address, year in applicable program, status and academic level (e.g., full-time or part-time), total clock hours, location of attendance, fields of study, dates of enrollment, degrees, diplomas, certificates awarded, letters of attendance/completion, expected date of graduation, dates conferred, dates of attendance, participation in GIA-recognized activities, academic honors and awards received (including, without limitation, type and date or term granted), previously attended educational agencies or institutions, and any unique identifying number created for the purpose of compiling, releasing, or transmitting directory information.
You have the right to restrict the further disclosure or further release any or all of your directory information. If you do not want GIA to further disclose or further release your directory information, you must submit a written request to that effect to the education records department, and such request must indicate whether you want to restrict the disclosure or release of certain categories of directory information or all categories of directory information. You can repeal any such requested restriction at any time by filing a written request to that effect to the education records department.
Waiver of Student Rights:
Students can waive certain rights afforded to them under FERPA by changing your preferences in your My GIA Student Portal at any time. GIA can request, but is not required to request, any student to waive any of their rights. Any waiver of your rights under FERPA with respect to actions occurring after the original revocation can be revoked moving forward by similarly changing your preferences in your My GIA Student Portal at any time. Waiver of certain rights under FERPA can be subject to additional requirements subject to the FERPA regulations. Please contact the education records department for any questions.
Contact Us:
If you have any questions or concerns regarding this policy or your rights under FERPA, or if you would like to exercise your rights under this policy and FERPA, please contact the education records department at:
Gemological Institute of America, Inc.
The Robert Mouawad Campus
5345 Armada Drive
Carlsbad, CA 92008
United States
ATTN: Student Records Office
760-603-4000 ext. 7312
Records@gia.edu
