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Chapter 6: Educational Records


6.1 Policy

The Family Educational Rights and Privacy Act (FERPA), codified at 20 U.S.C. §1232g and 34 CFR Part 99, is a federal law that provides students the following rights with respect to their Education Records:

  1. to inspect and review their Education Records;

  2. to consent to disclosure of their Education Records to third parties, except to the extent that FERPA authorizes disclosure without consent;

  3. to request amendment of their Education Records to ensure the records are not inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA;

  4. to be notified of their privacy rights under FERPA; and

  5. to file a complaint with the U.S. Department of Education concerning alleged failures by the Ãå±±ÂÖ¼é to comply with the requirements of FERPA.

It is the policy of The Ãå±±ÂÖ¼é of Texas at El Paso (“Ãå±±ÂÖ¼é”) to protect the privacy and access rights applicable to records maintained by or for the Ãå±±ÂÖ¼é related to current and former students, and to ensure compliance with FERPA at all times.

6.2 Definitions

  1. “Annual Notice” is the notice that the Ãå±±ÂÖ¼é shall provide to each student in attendance at the Ãå±±ÂÖ¼é at least annually of their rights under FERPA and the procedures for exercising their rights, information about the Directory Information Exception, and the process by which a student may elect to opt out of the release of the student’s Directory Information under that exception.  A link to the Annual Notice is attached as Appendix A to this policy.

  2. “Consent” means written or electronic consent, signed by the student or otherwise verified by the student if electronic, that is dated and specifies the records to be disclosed, the party to whom the records are to be disclosed, and the purpose of the disclosure.

  3. “De-identified Record” is an Education Record that has been stripped of all identifiers and/or aggregated such that it is not possible to re-identify an individual who is the subject of the record.  An Education Record that has been de-identified is no longer an Education Record and is not subject to this policy or FERPA.

  4. "Directory Information" means information in a student's Education Record that would not generally be considered harmful or an invasion of privacy if disclosed. The Ãå±±ÂÖ¼é designates the following information about a student as Directory Information:

    • name;

    • local and permanent address;

    • email address;

    • telephone number;

    • field of study; dates of attendance;

    • enrollment status;

    • student classification (example: freshman, master's students);

    • degrees awarded;

    • certificates and awards (including scholarships) received;

    • photographs;

    • participation in officially recognized activities and sports;

    • weight and height of members of athletic teams; and

    • most recent previous educational agency or institution attended.

  5. "Education Records" are records directly related to a student that are maintained by or on behalf of the Ãå±±ÂÖ¼é, as well as Personally Identifiable Information about a student that is derived from an Education Record.  Electronic records such as emails or other electronic documents may also qualify as Education Records.  Education Records do not include:

    1. Records of instructional, administrative, and educational personnel that are in the sole possession of the maker (i.e. file notes of conversations); are used only as a personal memory aid; not intended to be accessible or revealed to any individual except, in the case of an instructor, a temporary substitute;

    2. Law enforcement records of the Ãå±±ÂÖ¼é campus police;

    3. Medical records and mental health records, including counseling records created, maintained, and used only in connection with provision of medical treatment or mental health treatment or counseling to the student, that are not disclosed to anyone other than the treatment facility;

    4. Employment records unrelated to the student's status as a student; or

    5. Alumni records.

  6. “Personally Identifiable Information” means information obtained from or contained in an Education Record that can be used to identify a student to whom the record relates or another student. It specifically includes information determined by the Ãå±±ÂÖ¼é to be:

    1. Linked or linkable to a specific student such that it would allow a reasonable person in the Ãå±±ÂÖ¼é community who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or

    2. Requested by a person who the Ãå±±ÂÖ¼é reasonably believes knows the identity of the student to whom the Education Record relates.

    Unless the context of this policy indicates otherwise, a reference to an Education Record generally includes Personally Identifiable Information contained in or obtained from an Education Record.

  7. "Student" means an individual, regardless of age, who is or who has been in attendance at the Ãå±±ÂÖ¼é. It does not include persons who have been admitted but did not attend the Ãå±±ÂÖ¼é.

    For the purposes of this policy, "Attendance" includes attendance in person, or by correspondence or online or distance learning, and the period during which a person is working in a position that requires student status, such as a work-study program.

  8. "Ãå±±ÂÖ¼é Official with a Legitimate Educational Interest" is any person employed by the Ãå±±ÂÖ¼é in an administrative, supervisory, academic, or support staff position, including law enforcement unit and health staff; a person or company with whom the Ãå±±ÂÖ¼é has a contract or affiliation (such as a UT System attorney or auditor, or a clinical facility where a student is participating in an internship); the Ãå±±ÂÖ¼é of Texas System Board of Regents; a person employed by System Administration; or a person assisting another Ãå±±ÂÖ¼é official in performing his or her tasks (such as a volunteer or committee member), if that person or contractor requires access to an Education Record in order to fulfill his or her professional responsibility on behalf of the Ãå±±ÂÖ¼é.

6.3 Procedure

6.3.1 Notice of Rights under FERPA.  The Ãå±±ÂÖ¼é shall provide students Annual Notice of their rights under FERPA and this policy by publishing the information contained in the Notice of Student Rights under FERPA and Notice Concerning Directory Information, and in all catalogues for undergraduate and graduate students published by the Ãå±±ÂÖ¼é.

6.3.2 Consent Requirements for Access to Education Records by Third Parties

6.3.2.1 General Requirement for Disclosure of Education Records. The Ãå±±ÂÖ¼é will not disclose Education Records, or Personally Identifiable Information from an Education Record, to a third party without prior consent of the student, except as authorized by FERPA and this policy.

6.3.2.2 Exceptions to the consent requirement. As provided under FERPA, the Ãå±±ÂÖ¼é may disclose Education Records without student consent as follows:

  1. Directory Information

    Directory information may appear in public documents and may otherwise be disclosed without student consent, unless a student submits a written request to the Registrar during the first twelve (12) days of class of a fall or spring semester, the first four (4) class days of a summer semester, or the first three days of any quarter, to withhold such information from disclosure, as applicable or as otherwise designated by the Ãå±±ÂÖ¼é in the Annual Notice. The Annual Notice discussed in  Section 6.3.1 of this policy, Notice of Student Rights under FERPA and Notice Concerning Directory Information, shall specifically inform students of their right to have Directory Information about them withheld from release by the Ãå±±ÂÖ¼é.  Upon graduation or termination of a student’s enrollment for any reason, the release of the student’s Directory Information will be governed by the student’s Directory Information status in place during the student’s last period of enrollment, unless the former student changes that status.

  2. Ãå±±ÂÖ¼é Officials with a Legitimate Educational Interest

    Ãå±±ÂÖ¼é officials with a Legitimate Educational Interest in an Education Record are allowed access without need for prior consent. Inter-institutional disclosures may also be made between institutions that administer or participate in joint programs or activities, in accordance with legitimate educational interest criteria. For example, an Education Record about a student concurrently enrolled in the Ãå±±ÂÖ¼é and another institution, or who receives services from the Ãå±±ÂÖ¼é and from another institution, may be disclosed by the Ãå±±ÂÖ¼é to the other institution under this subsection. This includes services provided by the Ãå±±ÂÖ¼é and institutions participating in distance education classes.

  3. Other Institutions

    The Ãå±±ÂÖ¼é may release a student's Education Records to officials of another educational institution at which the student is intending to enroll, or is enrolled.

  4. Audit or Evaluation of Federal or State Education Programs

    The Ãå±±ÂÖ¼é of Texas System Board of Regents, authorized representatives of the Comptroller General of the United States, the Attorney General of the United States, the Secretary of Education, and state and local educational authorities who are authorized by law to audit and evaluate a Federal or State supported education program, or to enforce Federal law which relates to such education programs, or their authorized representatives may access an Education Record as required for the audit, evaluation or enforcement purpose.

  5. Financial Aid

    The Ãå±±ÂÖ¼é may release an Education Record to persons or organizations in connection with that student's application for, or receipt of, financial aid to the extent necessary for such purposes as determining eligibility, amount, conditions, and enforcement of terms or conditions of such financial aid.

  6. State and Local Officials Pursuant to Statute Concerning Juvenile Justice

    The Ãå±±ÂÖ¼é may release Education Records to state and local officials that are authorized by statute to access student Education Records to efficiently serve the student.

  7. Organizations Conducting Studies

    Organizations conducting studies for, or on behalf of the Ãå±±ÂÖ¼é for the purpose of developing, validating, or administering predictive tests, administering student aid programs, and improving instruction, may access Education Records for such studies provided that the study is conducted in a manner which will not permit the personal identification of students and/or their parents by individuals other than representatives of the organization; and the information will be destroyed when no longer needed for the purposes of the study. The term "organizations" includes, but is not limited to, Federal, State, and local agencies, and independent organizations.

  8. Accrediting Organizations

    Accrediting organizations may access an Education Record required to carry out their accrediting functions.

  9. Designated Parents of a Tax Dependent

    A parent of a student who is a dependent for federal tax purposes, as defined by Section 152 of the Internal Revenue Code of 1954, may access the student's Education Records if the student provides a written designation that permits such access. If a tax dependent student's parents are divorced, both parents may have access to the student's Education Records, so long as at least one parent is designated by the student.

  10. Judicial Order or Subpoena

    Student Education Records may be disclosed to comply with a judicial order or lawfully issued subpoena. The Ãå±±ÂÖ¼é must make a reasonable effort to notify the student of an order or subpoena before complying with it, except that the Ãå±±ÂÖ¼é shall not notify a student of a subpoena if it is from a federal grand jury or is for law enforcement purposes, and the subpoena or order requests the Ãå±±ÂÖ¼é not to disclose to any person the existence or contents of the subpoena or any information furnished in response to the subpoena. Education Records may also be disclosed to the U.S. Attorney General, or his or her designee, in response to an ex parte order concerning an authorized investigation or prosecution of domestic or international terrorism, without prior notice to the student.

  11. Health and Safety

    The Ãå±±ÂÖ¼é may disclose student information as deemed necessary by the Ãå±±ÂÖ¼é in connection with an emergency and need to protect the health and safety of the student or other individuals.

  12. Disciplinary Hearing Results

    1. Disclosure to Victims

      The Ãå±±ÂÖ¼é may disclose to an alleged victim of any crime of violence or a non-forcible sex offense (as those terms are defined in 34 C.F.R. 99.39), the final results of any disciplinary proceeding conducted by the Ãå±±ÂÖ¼é against the alleged perpetrator of such crime or offense, regardless of whether the alleged perpetrator was found responsible for the crime or offense by the Ãå±±ÂÖ¼é.

    2. Disclosure to Third Parties

      The Ãå±±ÂÖ¼é may disclose the final results of any disciplinary proceeding against a student who is an alleged perpetrator of any crime of violence or a non-forcible sex offense (as those terms are defined in 34 C.F.R. 99.39), if the student is found responsible for violating the Ãå±±ÂÖ¼é's rules or policies with respect to such crime or offense. Such disclosure shall include only the name of the student, the violation committed, and any sanction imposed by the Ãå±±ÂÖ¼é on that student. Such disclosure may include the name of any other student, such as a victim or witness, only with the written consent of that other student.

    3. Alcohol and Drug Violations

      The Ãå±±ÂÖ¼é may disclose to a parent or legal guardian of a student, information regarding any violation of any Federal, State, or local law, or of any rule or policy of the Ãå±±ÂÖ¼é, governing the use or possession of alcohol or a controlled substance, regardless of whether that information is contained in the student's Education Records, if the student is under the age of 21 at the time of disclosure to the parent, and the Ãå±±ÂÖ¼é determines that the student is responsible for a disciplinary violation with respect to such use or possession.

  13. Defense of Litigation or Complaints against the Ãå±±ÂÖ¼é

    If a student initiates legal action against the Ãå±±ÂÖ¼é, the Ãå±±ÂÖ¼é may disclose to the court or agency with jurisdiction over the complaint, without a court order or subpoena, the student's Education Records determined to be relevant by the Ãå±±ÂÖ¼é and necessary for its defense.

  14. Disclosures Concerning Sex Offender Registration Status

    The Ãå±±ÂÖ¼é may disclose information concerning a student’s status as a sex offender or other individual 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 the Ãå±±ÂÖ¼é under 42 U.S.C. 14071 and applicable Federal guidelines.

6.3.2.3 Consent of the Student.  The Ãå±±ÂÖ¼é will release, or allow access to, Education Records by a third party if the student provides a valid Consent, capable of verification that it was provided by the student, and which identifies the third party as the person to whom the Education Records may be disclosed.

6.3.3 Disclosure to the Student

6.3.3.1 A student has the right, upon request, to review all materials that are in the student's Education Records, except:

  1. Financial information submitted by the student's parents;

  2. Confidential letters and recommendations associated with admissions, employment or job placement, or honors, to which the student has waived rights of inspection and review, or which were made part of the student’s Education Records prior to January 1, 1975, provided those letters were collected under established policies of confidentiality and used only for the purposes for which they were collected;

  3. Education Records containing information about more than one student, in which case the Ãå±±ÂÖ¼é will permit access only to that part of the record that pertains to the requesting student; and

  4. Records that are subject to an attorney-client privilege which belongs to the Ãå±±ÂÖ¼é.

6.3.3.2 Process for Students Requesting Access to Their Education Records. The Vice President for Business Affairs is designated as the official custodian of the Ãå±±ÂÖ¼é’s Education Records. Student Education Records are maintained at several locations on campus. A list of Education Records and those officials responsible for the records shall be maintained in the Office of the Vice President for Business Affairs. This list includes:

  1. Academic Records:

    1. Office of the Registrar's Office: Registrar

    2. Office of Admissions and Recruitment: Director

    3. Academic College: Dean

    4. Academic Department or Program: Chairman or Director

    5. Faculty Offices: Individual faculty member

  2. Student Services Records

    1. Counseling Center Office: Director of Counseling

    2. Student Activities Office: Director of Student Activities

    3. Student Services: Dean of Students

  3. Financial Records

    1. Business Office: Vice President for Business Affairs

    2. Financial Aid Office: Director

Except where pre-empted by a specific provision of FERPA, or if an official copy of the student’s transcript is requested, a student’s right to access and/or request a copy of his or her Educational Records, is co-extensive with the student’s right to access records under the Texas Public Information Act (TPIA).

6.3.3.3 Requests by a student for Education Records that are available to a student under an applicable provision of the TPIA shall be processed in accordance with policies for access to records under the TPIA.  The Vice President for Business Affairs has been designated as the official custodian of records for the Ãå±±ÂÖ¼é, and requests for assistance in determining the location of an individual student’s records may be directed to that office.

6.3.3.4 Records pre-empted from availability under the TPIA by FERPA will be made available within forty-five (45) days of the request.

6.4 Record of Disclosures

The Ãå±±ÂÖ¼é will maintain with the student's Education Records a record for each disclosure request and each disclosure, except disclosures:

  1. to the student;

  2. pursuant to the written consent of the student;

  3. pursuant to the exception for Ãå±±ÂÖ¼é officials with Legitimate Educational Interests;

  4. pursuant to a law enforcement subpoena and the issuing court or other issuing agency has ordered that the existence or the contents of the subpoena, or the information furnished in response to the subpoena, not be disclosed, or the order is concerning an authorized investigation or prosecution of domestic or international terrorism; or

  5. of directory information.

6.5 Requests to Amend Records

6.5.1 A student who believes that an Education Record maintained about the student is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA, may request amendment of the record.  However, a faculty member’s judgment related to a student's work, expressed in grades, evaluations, etc., is not within the purview of this right.

6.5.1.1 A student may informally request the opportunity to discuss amendment of the record with the Ãå±±ÂÖ¼é office concerned with the particular record. If agreement is reached with respect to the student's request, the appropriate records will be amended. If the record is not amended pursuant to the student's request, the Ãå±±ÂÖ¼é will inform the student of its decision and the student's right to request a formal hearing.

6.5.1.2 Request for a hearing must be made in writing to the Vice President for Business Affairs, who within a reasonable period of time after receiving such request, will inform the student of the date, place, and time of the hearing. The hearing officer who will adjudicate such challenges will be appointed by the President.

6.5.1.3 The student may present evidence at the hearing relevant to the issues raised and may be assisted at the hearing by a representative(s) of the student's choice, including legal counsel, at the student's expense.

6.5.1.4 The decision of the hearing officer shall be final (except as noted in 6.5.1.7), shall be based solely on the evidence presented at the hearing, shall consist of a written statement summarizing the evidence and stating the reasons for the decision, and shall be delivered to all parties concerned.

6.5.1.5 If the decision is in favor of the student, the Education Record will be corrected or amended in accordance with the decision of the hearing officer.

6.5.1.6 If the decision is that the Education Record will not be amended/corrected, the student may place with the Education Record a statement commenting on the information in the record, and/or a statement of the reasons why the student disagrees with the hearing officer’s decision. The statement will be maintained as part of the student's Education Records, and included whenever the Education Record in question is disclosed.

6.5.1.7 Students who believe that the adjudications of their challenges were unfair or not in keeping with the provisions of FERPA, may request, in writing, assistance from the President of the Ãå±±ÂÖ¼é.

6.6 Complaints

Complaints regarding alleged violations of the rights accorded students under FERPA may be filed with the Student Privacy Policy Office (SPPO), U.S. Department of Education, 400 Maryland Ave, SW, Washington, DC 20202-8520.

Appendix A:

Notice of Students’ Rights under FERPA and Notice Concerning Directory Information

 

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