About FERPA

FERPA - What Is It?

The Family Educational Rights and Privacy Act (FERPA) also known as the "Buckley Amendment", was established to protect the privacy of students. The primary rights of students under FERPA include:

• The right to inspect and review educational records.
• The right to seek to amend educational records.
• The right to have some control over the disclosure of information from educational records.

The purpose of the Student Records Procedures is to ensure that the campus community is aware of, and complies with, the Family Educational Rights and Privacy regulations (FERPA), Statute: 20 U.S.C. 1232g; Regulations: 34 C.F.R. Part 99.

Definitions

For the purposes of this procedure, California State University , Long Beach (CSULB) has used the following definitions of terms:

Access

A personal inspection and review of a student record or a copy of a student record, or an oral or written description or communication of the contents of a student record.

Directory Information

Any student information that is not generally considered to be harmful or an invasion of the student's privacy. FERPA identifies sample items that may be considered directory information. The items determined to be directory information by the campus are found in section I.

Disclosure

To permit access to or the release, transfer, or other communication of personally identifiable information contained in education records to any party, by any means, including oral, written, or electronic means.

Education records

Any records (in handwriting, print, tapes, film, computer, or other medium) maintained by CSULB or an agent of the University, which is directly related to a student. Exceptions to educational records include, but are not limited to:

• A personal record kept by a staff member if it is kept in the sole possession of the maker of the record and is not accessible or revealed to any other person.
• Records created and maintained by the CSULB University Police for law enforcement purposes.
• An employment record of an individual, whose employment is not contingent on the fact that he or she is a student, provided the record is used only in relation to the individual's employment.
• Medical records made or maintained by Student Health Services or University Counseling and Psychological Services (made by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional) if the records are used only for treatment of a student and made available only to those persons providing the treatment.
• Alumni records which contain information after the student is no longer in attendance at the University and which do not relate to the person as a student.

Legitimate educational interest

The need to review an education record by a school official in order to fulfill his or her professional responsibility. CSULB has determined that an official has a legitimate educational interest if the official is:

• Performing a task that is specified in the school official's position description or contract agreement.
• Performing a task related to a student's education.
• Performing a task related to the discipline of a student.
• Providing a service or benefit relating to the student or student's family, such as health care, counseling, job placement, or financial aid.
• Maintaining the safety and security of the campus.

Personally identifiable information

Information not identified as directory information that is directly linked to a student that could make the student's identity easily traceable.'Personally identifiable information' includes, but is not limited to:

• Name of the student's parent or other family members
• A personal identifier, such as social security number
• A list of personal characteristics or other information that would make it easy to trace the student.

University officials

A person employed by the University in an administrative, supervisory, academic or research, or support staff position, including health or medical staff. Other persons whom CSULB has determined to be school officials include the following:

• A member of the Board of Trustees.
• A person employed by or under contract to the University to perform a special task, such as an attorney or auditor.
• A person who is employed by CSULB University Police.
• A student serving on an official committee, such as a disciplinary or grievance committee, or who is assisting another school official in performing his or her tasks.

Student

Any person who is or has previously attended CSULB. This includes any person who has been enrolled in the regular, extension, or special session (i.e. summer or winter), regardless of the physical location of the program.

Annual Notification

Students will be notified of their FERPA rights, at a minimum, by publication in the CSULB Catalog, the "Schedule of Classes", and the World Wide Web.

The Assistant Director of Records in the Office of Enrollment Services will annually review the CSULB Catalog and the related information on the World Wide Web, and semi-annually review the "Schedule of Classes" to ensure that the appropriate notification is present, complete, and correct.

Inspecting Education Records

1. Procedures for Students to Inspect their Education Record

   Students who wish to view the contents of their Educational Records must contact the appropriate unit custodian (in person or by phone) to make an appointment to view these records. Access to inspect educational records normally shall be granted to the student no later than fifteen (15) working days following the date of request from the student. If the records the student wishes to view are under the control of various Unit Custodians, the student must make individual requests to each Unit Custodian (See section on Types, Locations, and Custodians of Records). The responsible department Unit Custodian will meet with the student during normal business hours, at the scheduled appointment time and place. The original records may not leave the office where the records are maintained.

2. Right of the University to Refuse Access

   The following limitations exist on the right to inspect and review records:

   • When a record contains information about more than one student, the student may inspect and review only the records that relate to him or her.
   • Financial records or any portion of the records, including any information those records contain, pertaining to his or her parents,
   • Confidential letters and confidential statements of recommendation placed in the education records of the student before January 1, 1975
   • Confidential letters and confidential statements of recommendation placed in the education records of the student after January 1, 1975, if the student has waived his/her right to inspect and review those letters and statements,
   • Records connected with a student's admission application if that application was denied.

Fees for Copies of Records

The student may request copies of pages contained within the education record. With the exception of CSULB academic transcripts, the fee for copies will be $1.00 per page. Requests for copies of an official CSULB academic transcript are not part of this record access process. Official copies of CSULB academic transcripts are available through the normal transcript request process and for the regular transcript processing fees. Information is available from the Office of Enrollment Services.

While the student retains the right to inspect his or her records, CSULB is not normally required under FERPA to provide copies of documents contained in the education record. Therefore, CSULB may deny copies of records if the student has an unpaid financial obligation to the University.

Types, Locations, And Custodians Of Records

The "Unit Custodian" is the person who possesses the records or is in charge of the office that possesses the records. It is the Unit Custodian's responsibility to properly control access, handle, store, and dispose of the records as appropriate.

The following is a list of the major types and locations of Records that the University maintains and the unit custodian for their respective type of records.

Disclosure of Education Records

CSULB will not permit third party access to non-directory, personally identifiable

Information contained in a student's education records without the written consent of the student, except under the circumstances permitted under FERPA as summarized below:

• To school officials who have a legitimate educational interest in the records (as defined under Section B).

• To officials of another school, upon request, in which a student seeks or intends to enroll.

• To certain officials of the U.S. Department of Education, the Comptroller General, and State and Local educational authorities, in connection with audit or evaluation of certain State or federally supported education programs.

• In connection with a student's request for or receipt of financial aid to determine the eligibility, amount, or conditions of the financial aid, or to enforce the terms and conditions of the aid.

• To State and local officials or authorities if specifically required by a State law that was adopted before November 19, 1974.

• To organizations conducting certain studies for or on behalf of the University.

• To accrediting organizations to carry out their functions.

• To parents of an eligible student who is claimed as a dependent for income tax purposes.

• To comply with a federal or California judicial order or lawfully issued subpoena.

• To appropriate parties in a health or safety emergency.

• To individuals requesting directory information so designated by the University.

• The discretionary release by the University of the results of any disciplinary proceeding conducted by the University against an alleged perpetrator of a crime of violence to the alleged victim of that crime.

• To U.S. Military recruiters pursuant to 32 CFR 216 (Solomon Amendment).

• The discretionary release to a parent or legal guardian regarding a student's violation of any law or University rule or policy governing the use or possession of alcohol or a control substance if the student is under 21 years old and has committed a disciplinary violation (1998 HEA Amendments).

• To comply with the USA Patriot Act of 2001, under ex parte court orders for relevant investigations and prosecutions of specified crimes or acts of terrorism.

• To comply with other federal legislation passed subsequent to FERPA, including but not limited to the Student Right to Know Act, the Taxpayer Relief Act, et al.

Record Of Requests For Disclosure

• The eligible student,
• A school official,
• A party with written consent from the eligible student,
• A party seeking directory information,
• A party seeking or receiving the records as directed by a Federal grand jury or other 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.

Directory Information

CSULB designates the following items authorized by FERPA as Directory Information:

• Student's name,
• Address (see below for conditions),
• Telephone number (see below for conditions),
• Major field of study,
• Dates of attendance,
• Grade level
• Enrollment Status
• Degrees, honors and awards received,
• E-mail address

Addresses and telephone numbers for currently enrolled students will be released to CSULB personnel and units solely for the purpose of conducting legitimate University business. They may not be shared with individuals or organizations outside the University except in accordance with the provisions immediately below:

Addresses and telephone numbers may be released for non-commercial use by individuals or organizations outside the University provided the requests for such information have been reviewed and approved by the appropriate University personnel. Requests from the academic offices of accredited educational institutions shall be reviewed by the Provost and Senior Vice President for Academic Affairs or designee. All other requests shall be reviewed by the Vice President for Student Services or designee.

Otherwise, the University may disclose any of the items designated above without prior written consent, unless the student provides a request that certain information not be released (non-disclosure). Requests for non-disclosure may be made directly by the student utilizing their self-service account in the student system via the Internet. If the student does not have access to the Internet, their request for non-disclosure must be requested on the "Authorization to Withhold Student Information" form, available in the Office of Enrollment Services. If the request is not removed at the point of graduation or at the time the student leaves CSULB, this non-disclosure restriction will normally remain indefinitely or until written notification is received asking that the restriction be removed.

Specifying items as directory information allows the University to disclose this information without prior written consent. It does not require that the University release the information except under court direction. Any requests for directory information will be directed to the Office of Enrollment Services. Each request for release of directory information will be reviewed. Any requests for access to non-directory information from academic or administrative offices of the University, or offices allied to the University, such as the Alumni Association, who have a legitimate educational interest in utilizing the information, will be directed to the Office of Enrollment Services.

In addition to the above, the Director of Athletics may provide information concerning participation of students in athletic events, including the height and weight of athletes. The University will also respond to requests for information regarding the employment status of students serving as Teaching Associates (TAs), Graduate Assistants (GAs), or Instructional Student Assistants (ISAs) and the departments that employ them.

Correction Of Education Records

Students have the right to ask to have education records amended that they believe to be inaccurate, misleading, or in violation of their rights of privacy. Following are the procedures for the correction of records:

1. A student must make a written request to amend a record that he or she feels is inaccurate, misleading, or in violation of their rights of privacy. This request should be submitted on the "Student Challenge on Content/Accuracy" form, available in the Office of Judicial Affairs. In so doing, the student should identify the part of the record to be amended and specify why the student believes it is inaccurate, misleading or in violation of his or her rights of privacy.

2. This challenge shall be presented to the Unit Custodian where the records in question are maintained or, if not known, to the Director of Judicial Affairs.

3. The Unit Custodian will, within 15 working days after the request has been received, make a final determination to comply with the request to amend the record or decide not to comply.

4. If the campus decides to amend the record, the information in the record shall be corrected, removed, sealed, or destroyed as determined by the University and the student shall be notified of the decision in writing.

5. If the campus decides not to amend the record, the student shall be advised, in writing, of the decision and the right to a formal hearing.

6. Upon receiving a written request for a hearing, the Department Chairperson or Department Director will arrange for a hearing, and notify the student, reasonably in advance, of the date, place, and time of the hearing.

7. Once a formal request for hearing has been received, the directives outlined in the document "Hearing Procedures for Challenge or Access to Educational Records" shall become immediately effective.

8. The Hearing Officer will prepare a written recommendation based solely on the evidence presented at the hearing. The recommendation will include a summary of the evidence presented and the reasons for the decision.

9. If the University decides that the information is inaccurate, misleading, or in violation of the student's right of privacy, it will amend the record and notify the student, in writing, that the record has been amended.

10. If the University decides that the challenged information is not inaccurate, misleading, or in violation of the student's right of privacy, it will notify the student that he or she has a right to place in the record a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision.

11. The statement will be maintained as part of the student's education record as long as the contested record is maintained. This statement will be disclosed whenever the Records Custodian discloses the portion of the record to which the statement relates.

Federal/State Regulations

While every effort has been made to ensure that the information contained in this summary accurately reflects the regulations, any discrepancy between the language of the summary, and the actual law or interpretation of the Federal Regulations shall defer to the law and the Federal Regulation.

The campus periodically reviews these procedures at least every two years to insure compliance with regulations. Reviews will occur more frequently if there are significant changes in regulations.