/Institutions/University-of-Texas-Rio-Grande-Valley/json/som/policies-local.json

/Institutions/University-of-Texas-Rio-Grande-Valley/json/som/policies.json

EAA029 Student Access to Educational Records Policy

Policy Number: EAA029
Policy Title: Student Access to Educational Records Policy

A. Policy

The University of Texas Rio Grande Valley (UTRGV) has policies and processes that adequately protects the confidentiality of student records; provides students with access to their records in a timely manner; and provides fair and effective mechanisms for students to challenge information in their student records.

UTRGV is committed to compliance with the Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. §1232g, and the Texas Public Information Act, Texas Government Code §552.001 et seq., which are respectively a federal and a state law that provide for the review and disclosure of student educational records FERPA is a Federal law that protects the privacy of student education records whereby parents or eligible students have the right to:

1. Inspect and Review the Student's Education Records. FERPA requires The University of Texas Rio Grande Valley to permit a student to inspect most education records maintained about them within 45 days of the day the University receives a request for access. The Texas Public Information Act also provides students with the right to access records maintained about them except to the extent that FERPA pre-empts the Act. Students should submit to the Records Management Officer (Chief Legal Officer), written requests that identify the record(s) they wish to inspect. The Office 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 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. Copies of official transcripts are available through the Registrar. Except where pre-empted by a specific provision of FERPA or a request for an official copy of 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).

a. Records not accessible to students:

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 were used only for the purposes for which they were collected.
3. Education records containing information about more than one Student, in which case the University will permit access only to that part of the record that pertains to the inquiring student.
4. Records that are subject to an attorney-client privilege which belongs to the University.

b. 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); 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 University 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.

2. Request the amendment of the student's education records that the student believes is inaccurate, misleading, or otherwise in violation of the student's privacy rights under FERPA. Students may ask the University to amend a record that they believe is inaccurate. They may request an amendment informally by contacting the University official responsible for the record in writing and clearly identifying the part of the record they want changed and specify why it is inaccurate. If the University decides not to amend the record as requested by the student, the University will notify the student of the decision and advise the student of his or her right to request a hearing regarding the request for amendment. The Records Management Officer (Chief Legal Officer)

3. Provide written consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes a disclosure without consent. A Directory Information Release Form is available online.

4. Be notified of the student's privacy rights under FERPA.

5. File a complaint with the U.S. Department of Education concerning alleged failures by the University to comply with the requirements of FERPA by contacting office that administers FERPA:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202

Exceptions to the Consent for Disclosure Requirement
FERPA permits the disclosure of personally identifiable information (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 University Officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information and disclosures to the student, §99.32 of FERPA regulations requires the institution to record the disclosure. Eligible students have a right to inspect and review the record of disclosures.

The University Official Exception permits disclosure without consent when disclosure is to University officials with legitimate educational interests. A University Official is:

1. any person employed by the University in an administrative, supervisory, academic, or support staff position, including law enforcement unit and health staff;
2. a person or company with whom the University has a contract to provide services on behalf of the University or an affiliation (such as a System attorney or auditor, or a clinical facility where a student is participating in an internship) for the provision of services;
3. the University of Texas System Board of Regents;

4. a person employed by The University of Texas System Administration; or another person assisting another University Official in performing his or her tasks (such as a System attorney or auditor, or a clinical facility where a student is participating in an internship).

A University Official has a "legitimate educational interest" in an education record if that person or contractor requires access an education record in order to fulfill his or her official duties on behalf of the University.

The University may also disclose PII from a student's education records without obtaining prior written consent of the student in the following situations as permitted by FERPA:

1. To officials of another school in which a student seeks or intends to enroll or is already enrolled if the disclosure relates to purposes of enrollment or transfer.
2. To The University of Texas System Board of Regents, the Comptroller General of the United States, the Attorney General of the United States, the United States Secretary of Education, and other state and local educational authorities who are authorized by law to audit and evaluate Federal or State supported education programs, or to enforce Federal law which relates to such education programs may access an Education Record as required for the audit, evaluation or enforcement purpose, or their authorized representatives .
3. To organizations conducting studies for or on behalf of the school to: develop, validate, or administer predictive testing; administer student aid programs; or improve instruction.
4. To accrediting organizations to carry out accrediting functions.
5. To parents of an eligible student if the student is a dependent for IRS tax purposes and the student has notified the University that the student agrees to the release of his/her education records under this exception.
6. To comply with a judicial order or lawfully issued subpoena.
7. To appropriate individuals in connection with a health or safety emergency.
8. To a victim of an alleged perpetrator of a crime of violence or non-forcible sex offense. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense.
9. To the general public, the final results of a disciplinary proceeding, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and has committed a violation of the school's rules or policies with respect to the allegation.
10. 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 that the student committed a disciplinary violation and is under the age of 21.
11. If the disclosure concerns sex offenders and other individuals required to register under section 17010 of the Violent Crime Control and Law Enforcement Act of 1994.
12. Under the Directory Information exception as explained below.
13. To defend the University against litigation or complaints filed by the student against the University.

The University may publish or publicly disclose Directory Information unless a student affirmatively opts out of the Directory Information exception. Students may have any or all directory information withheld by submitting written request to U Central 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. A request to opt out of the release of Directory Information remains in place until affirmatively rescinding it. Upon graduation or termination of enrollment for any reason, the directory information selection in place at that time will remain in place unless a written request is submitted to the University.

A request to opt out of the Directory Information exception does not affect the University's ability to disclose information from your education records under another exception permitted by FERPA.

The following information about a Student has been designated by University as Directory Information:

• name;
• local and permanent postal addresses;
• email address;
• telephone number;
• place of birth;
• field of study; dates of attendance;
• enrollment status;
• student classification (example: freshman, first year law school student)
• 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.

B. Relevant Federal/State Statutes, Board Regents, and/or Coordinating Board Rules

UTRGV's Handbook of Operating Procedures STU 03-700.