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UPPS 01.04.31 - Access to Student Records Pursuant To the Family Educational Rights and Privacy Act of 1974

Access to Student Records Pursuant To the Family Educational Rights and Privacy Act of 1974

UPPS No. 01.04.31
Issue No. 8
Revised: 11/09/2015
Effective Date: 11/05/2014
Next Review Date: 4/01/2017 (E3Y)
Sr. Reviewer: University Registrar

  1. POLICY STATEMENT

    1. This policy sets forth university procedures regarding access to student education records as required by the Family Educational Rights and Privacy Act of 1974 (FERPA) (20 U.S.C.A., Section 1232g).
  2. DEFINITIONS

    1. Student education records – are directly related to a student and are maintained by Texas State University, or a party acting for Texas State. Student education records do not include:

      1. records that are kept in the sole possession of the person who made the record and are not revealed to others;

      2. records of the University Police Department, subject to the provisions of 34 C.F.R., Section 99.8;

      3. records relating to an individual who is employed by Texas State that:

        1. are made and maintained in the normal course of business;

        2. relate exclusively to the individual in that individual’s capacity as an employee; and

        3. are not available for use for any other purpose;

      4. records on Texas State students that are:

        1. made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity;

        2. made, maintained, or used only in connection with treatment of the student; and

        3. disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational activities or activities that are part of the program of instruction at Texas State;

      5. records that only contain information about an individual after he or she is no longer a student at Texas State; and

      6. grades on peer-graded papers (until collected and recorded).

      Records relating to an individual in attendance at Texas State who is employed as a result of his or her status as a student are student education records and not exempted under Section 02.01 c.

    2. A glossary of terms that apply to this policy can be found here.

  3. PROCEDURES FOR ANNUALLY NOTIFYING STUDENTS AND PARENTS OF THEIR FERPA RIGHTS

    1. Texas State will inform students and parents of their rights under FERPA by: 1) having the information on the Office of the University Registrar’s website, and in the Registration Instructions Booklets; and 2) the Office of the Dean of Students placing a notice in the Student Handbook.

    2. The notice containing Texas State’s policies can be found here.

  4. PROCEDURES FOR PARENTS INSPECTING THEIR CHILDREN’S EDUCATIONAL RECORDS

    1. A parent who desires to inspect his or her child’s student education records (without the child’s written consent) may do so if the child is a dependent student as defined in Section 152 of the Internal Revenue Code of 1986.

    2. A parent should present an affidavit to the office that maintains the records. The office may make the records accessible as provided by FERPA.

  5. PROCEDURES REGARDING CHARGES FOR RECORDS

    1. Texas State may make the following charges for student education records:

      1. the registrar may charge $5.00 for an official copy of a student’s transcript;

      2. Identification (ID) Services may charge $20.00 for a photograph; and

      3. * any department may charge $.10 per page for copies of student educational records; each side that has recorded information is considered a page.

  6. PROCEDURES FOR RELEASE OF PERSONALLY-IDENTIFIABLE INFORMATION

    1. Texas State will not release personally-identifiable information in a student education record without the student’s prior written consent, except under one or more of the conditions described in 34 C.F.R. Section 99.31.

    2. School officials who handle student education records should respect the private nature of those records and secure them from unauthorized disclosure. Since computer records are especially vulnerable, those who maintain these records should take special security measures. Examples of confidential records include transcripts, grades, grade point averages, test scores, academic and disciplinary status, health information, personal and family financial information, and placement file recommendations and ratings.

    3. Each designated information owner will maintain a record of disclosures as required by 34 C.F.R. Section 99.32 and a student or eligible parent may inspect these records.

  7. ASSESSMENT PROCEDURES

    1. At least every five years, the Office of Audits and Analysis will conduct a security assessment audit of those offices maintaining student education records and recommend policy and procedural changes based on the results of that audit.
  8. REVIEWERS OF THIS UPPS

    1. Reviewers of this UPPS include the following:

      Position Date
      University Registrar April 1 E3Y
  9. CERTIFICATION STATEMENT

    This UPPS has been approved by the following individuals in their official capacities and represents Texas State policy and procedure from the date of this document until superseded.

    University Registrar; senior reviewer of this UPPS

    Associate Vice President for Enrollment Management and Marketing

    Provost and Vice President for Academic Affairs

    President