The Family Educational Rights and Privacy Act (FERPA) Annual Notice and Directory Information policy is required by federal law. This policy informs the CSCU community and eligible students of rights granted under FERPA which includes the ability to access Education Records, request corrections to inaccurate information, and control how defined personal information, designated as “Directory Information” may be released by CSCU institutions without consent.
A. Family Educational Rights and Privacy Act (FERPA) Annual Notice
The Family Educational Rights and Privacy Act (FERPA) affords eligible students certain rights with respect to their Education Records. Under FERPA, eligible students have the right to access their education records maintained by the postsecondary institution regardless of whether they are also enrolled in a secondary institution. Parents retain FERPA rights to access their child’s education records maintained by a secondary school until the student turns 18. These parental rights remain in effect for the purpose of accessing secondary school records even if the student is concurrently enrolled in college. For the purpose of accessing postsecondary education records, FERPA rights transfer from the parents to the student once the student is enrolled and in attendance at the postsecondary institution. These rights include:
- The right to inspect and review student's education records within 45 days after the day the College or University receives a request for access.
Students should submit to the appropriate official as identified by the institution, written requests that identify the record(s) they wish to inspect. The college or university 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 college or university official to whom the request was submitted, that official shall advise the Student of the correct official to whom the request should be addressed.
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The right to request amendment of the student’s education record that the student believes is inaccurate.
Students may ask an appropriate college or university official as identified by the institution, to amend a record that they believe is inaccurate, misleading or a violation of the student’s right to privacy. However, this right is not intended to provide a process to question substantive judgments that are correctly recorded. Consequently, amendment requests do not allow a student to contest a grade in a course because the student believes that a higher grade should have been assigned.To request amendment of an education record, the student should contact the official identified by the institution as responsible for the record, clearly identifying the part of the record to be changed and specifying why it is inaccurate. The institution will notify the student of the decision. If the institution decides not to amend the record as requested by the student, a college or university official will advise the student of their 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.
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The right to provide written consent before the College or University discloses Personally Identifiable Information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent.
CSCU institutions shall obtain the prior consent of the student before disclosing PII contained in the student’s education records, EXCEPT to the extent that this policy authorizes disclosure without consent.For additional details on FERPA exceptions to the requirement for consent, see Disclosure of Student Information Without Prior Consent below.
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The right to refuse to permit the College or University to release Directory Information (opt out) about the student, except to school officials with a legitimate educational interest and others as indicated in paragraph 3 above. To do so, a student exercising this right must notify the university's or college's registrar, in writing. Once filed, this notification becomes a permanent part of the student's record until the student instructs the university or college, in writing, to remove it. Communication in writing includes university issued email and completion of digital forms provided by the institution for this purpose.
A student may exercise their right to opt out of the release of directory information, prohibiting disclosure of the Student's information without the Student's consent as noted in section 3.
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The right to file a complaint with the U.S. Department of Education (USDE) concerning alleged failures by colleges or universities to comply with the requirements of FERPA.
The USDE has a website with informational videos and a complaint form with instructions at https://studentprivacy.ed.gov/file-a-complaint. The name and address of the office that administers FERPA is:
U.S. Department of Education
Student Privacy Policy Office
400 Maryland Avenue, SW
Washington, DC 20202-8520
Disclosure of Student Information Without Prior 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, regulations require the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures.
Except in the case of a lawful judicial order or subpoena, a postsecondary institution has sole discretion and may choose to disclose PII from education records without obtaining prior written consent of students for these authorized purposes:
- School officials with Legitimate Educational Interests.
To other School Officials, whom the college or university has determined to have Legitimate Educational Interests. - Transfer of enrollment
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. - Audit or Evaluate Publicly Funded Education Programs.
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. - Financial Aid
The college or university may disclose education records that are not classified as Federal Tax Information (FTI) 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. - Limited Studies
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. - Accrediting Organizations
To accrediting organizations to carry out their accrediting functions. - Judicial orders and subpoenas
To comply with a judicial order or lawfully issued subpoena. - Emergencies
To appropriate officials in connection with a health or safety emergency, subject to § 99.36. (§ 99.31(a)(10)) - Directory Information
Directory information, as defined by this policy, is FERPA protected information that may be disclosed at the discretion of the college or university. - Victims of a crime
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. - Disciplinary proceedings
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. - Violation of law
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.