Privacy Rights of Students in Education Records

The federal Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 1232g) and regulations adopted thereunder (34 C.F.R. 99) and California Education Code Section 67100 et seq., set out requirements designed to protect the privacy of students concerning their records maintained by the campus. Specifically, the statute and regulations govern access to student records maintained by the campus and the release of such records. In brief, the law provides that the campus must provide students access to records directly related to the student and an opportunity for a hearing to challenge such records on the grounds that they are inaccurate, misleading or otherwise inappropriate. The right to a hearing under the law does not include any right to challenge the appropriateness of a grade as determined by the instructor. The law generally requires that written consent of the student be received before releasing personally identifiable data about the student from records to other than a specified list of exceptions. The institution has adopted a set of policies and procedures concerning implementation of the statutes and the regulations on the campus. Copies of these policies and procedures may be obtained at the Office of the Director of Enrollment Services. Among the types of information included in the campus statement of policies and procedures are: (1) the types of student records and the information contained therein; (2) the official responsible for the maintenance of each type of record; (3) the location of access lists which indicate persons requesting or receiving information from the record; (4) policies for reviewing and expunging records; (5) the access rights of students; (6) the procedures for challening the content of student records; (7) the cost which will be charged for reproducing copies of records; and (8) the right of the student to file a compliant with the Department of Education. An office and review board have been established by the Department to investigate and adjudicate violations and complaints. The office designated for this purpose if: The Family Educational Rights and Privacy Act Office (FERPA), U.S. Department of Education, 330 "C" Street, Room 4511, Washington, D.C. 20202.

The campus is authorized under the Act to release "directory information" concerning students. "Directory information" includes the student’s name, address, telephone listing, date and place of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student. The above designated information is subject to release by the campus at any time unless the campus has received prior written notice from the student specifying information which the student requests not to be released. Written objections should be sent to the Office of the Director of Enrollment Services, CSU San Marcos, San Marcos, CA 92096-0001.

The campus is authorized to provide access to student records to campus officials and employees who have legitimate educational interests in such access. These persons are those who have responsibilities in connection with the campus’ academic, administrative or service functions and who have reason for using student records connected with their campus or other related academic responsibilities. Disclosure may also be made to other persons or organizations under certain conditions (e.g., as part of accreditation or program evaluation; in response to a court order or subpoena; in connection with financial aid; to other institutions to which the student is transferring).