|Definition:||The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. Sec. 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. 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." This policy designates the Vice President for Student Affairs as the Compliance Officer for the University. This policy also clarifies secondary roles and responsibilities in University procedures for ensuring compliance.|
|Authority:||Family Educational Rights & Privacy Act (FERPA), 20 U.S.C. Sec. 1232g; 34 CFR Part 99; Sec. 513 of P.L. 93-380; P.L. 93-568; P.L. 96-46; P.L. 101-542; P.L. 102-325; P.L. 103-382; P.L. 105-244. CSU E. O. 796: Privacy & Personal Information Mgmt Student Records Administration|
|Scope:||All students who are attending or have attended the University.|
|Responsible Division:||Student Affairs|
|Signature Page/PDF:||View Family Educational Rights & Privacy Act Policy|
TABLE OF CONTENTS
Section I Definitions Page 3
Section II Annual Notification Page 4
Section III Types, Locations & Custodians of Education Records Page 4
Section IV Disclosure of Education Records to Student
A. Procedure for Students to Inspect Their Own Education Records Page 5
B. Right of University to Refuse Access Page 5
C. Refusal to Provide Copies Page 6
D. Request for Copies Page 6
Section V Disclosure of Education Records to Other Than the Student to Whom the Record Pertains Page 6
A. Disclosure of Education Records (to School Officials and Other Authorized Officials) Page 7
B. Disclosure to Others Page 7
C. Record of Requests for Disclosure to Individuals Other Than the Student or University Officials Page 7
D. Directory Information Page 8
E. Correction of Education Records Page 8
F. Compliance Page 9
G. Periodic Review of Campus Information Management Practices Page 10
SECTION I DEFINITIONS PAGE 3
California State University San Marcos is committed to meeting the provisions established in the Family Educational Rights and Privacy Act (FERPA), which protects the rights of students who are attending or have attended the University.
Student-any person who enrolls or has been enrolled California State University San Marcos.
Parent-parent of a California State University San Marcos student, including a natural parent, a guardian, legally authorized parent or an individual authorized to act as a parent in the absence of a parent or guardian.
Third Parties-non-university persons or entities.
University-hereafter in this document a reference to California State University San Marcos.
University Official-university employees who have a legitimate educational interest in the records.
Education Records-any record (in handwriting, print, tapes, film or other medium) maintained by California State University San Marcos, or an agent of the university, which is directly related to a student except:
Legitimate Educational Interest-a school official has a legitimate educational interest in the protected education records, a legal "right to know" if the official is:
The record custodian as designated in Section III below, will determine whether a legitimate educational interest exists, whether the school official has a legal right to know, on a case-by-case basis. When the custodian has any question regarding the request, the custodian should withhold disclosure unless the custodian obtains written consent from the student or the concurrence of a supervisor or other appropriate official that the record may be released.
The University will notify currently enrolled students of their rights under FERPA by publishing a notice in the university catalog, and on the California State University San Marcos website.
Types, Locations and Custodians of Education Records
Types of Record Location Record Custodian
Academic (e.g., transcript, transfer work, class schedule, degree requirements,probation, petitions, etc. Office of Registration & Records Craven Hall 5115 Director of Registration and Records
Disciplinary/Student Life Office of the Dean of Students Craven Hall 5306 Dean of Students
Financial Aid Financial Aid Office Craven Hall 4204 Director of Financial Aid
Student Accounts Student Financial Services Craven Hall 3107 University Controller
Placement Career and Assessment Center Craven Hall 4201 Director of Career and Assessment Center
Student Payroll Human Resources Management570 Rancheros Suite 101 Director of HRM
Public Safety Public Safety Services University Services Bldg. Chief of Police
Occasional (e.g., correspondence in office not listed above) Director of Registration & Records will direct the student to location University staff who maintains records
Disclosure of Education Records to Student
A. Procedure of Students to Inspect Their Education Records
To inspect or review an education record, a student must submit a written request to the Director of Registration and Records. If students wish to inspect their student conduct records, the written request must be submitted to the Dean of Students. The student must sign the request; describe the specific records to be reviewed; and must set forth the name under which the student attended the University, the student's social security number, and the student's last date of attendance. Proper picture identification must be presented before the documents may be reviewed. The record custodian, or the custodian's designee, may waive the requirement for a written request. For example, the record custodian for the student account may waive the requirement for a written request when the student requests a copy of the current bill.
The record custodian or an appropriate designee will make the needed arrangements for access as promptly as possible and advise the student when and where the records will be available for inspection. Access will be given within 45 days or less after receipt of the written request.
Some student records may be destroyed (per the records retention policy) and therefore, the file may not exist for the student to inspect.
B. Right of University to Refuse Access
The University reserves the right to refuse permission to the inspection and review of:
C. Refusal to Provide Copies
The University reserves the right not to provide copies of transcripts it has received from other education institutions. It also reserves the right to deny copies of the University transcripts if the student has an unpaid financial obligation to the University.
D. Request for Copies
If health reasons or extreme distance from the University prevents the student from inspecting the education record, then copies of the specific education record requested will be mailed to the student. The student must pay all copying expenses in advance of the release of the record. The requirement of a written request will not be waived in these circumstances.
Disclosure of Education Records to Other Than the Student to Whom the Record Pertains
A. Disclosure of Education Records to University Officials
The University will disclose information from a student's education records to University officials who have a legitimate educational interest in the records.
A University official has a legitimate educational interest if the official is:
B. Disclosure to Others
California State University San Marcos may disclose information from a student's education records to other than University officials only with written consent of the student, except:
C. Records of Requests for Disclosure to Individuals Other that the Student or University
A record will be maintained of all requests for access to and disclosures of information from the education records of each student except as stated below. The record will indicate the name of the party making the request, any additional party to whom it may be disclosed and the party's legitimate interest in requesting or obtaining the information. The record may be reviewed by the student or parent of a dependent student as stipulated above. A record of disclosure need not be kept of disclosures to the student, a University official with legitimate educational interests, a party with written consent from the student, or a party seeking directory information.
D. Directory Information
The University designates the following items as directory information:
For students represented by Unit 11 the additional items will be considered directory information:
Directory information may be released without prior written approval unless notified in writing by the student that all information is to be held in confidence by the university. Requests to hold directory information in confidence should be sent in writing to the Office of the Vice-President for Student Affairs, Craven 5306. The student's records will be kept confidential until the student requests in writing that the confidentiality hold be removed.
E. Challenge and Correction of Education Records
Students have the right to ask to have education records corrected that they believe are inaccurate, misleading, or in violation of the privacy or other rights of the student. The following are the procedures for correcting the records.
A student has the right to file a complaint with the U.S. Department of Education concerning alleged failures by CAL STATE SAN MARCOS to comply with the requirements of FERPA. The name and address for the office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Ave. SW
Washington, DC 20202-4605
G. Periodic Review of Campus Information Management Practices
Per California State University Trustee Executive Order No. 796, a periodic review of campus information management practices concerning student records will be conducted at least every two years or more often as the need arises. The first review under this executive order will take place in July 2002.