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Chapter 09.04 - Education Records

REGENTS’ POLICY
PART IX – STUDENT AFFAIRS
Chapter 09.04 - Education Records

P09.04.010. General Statement Regarding Education Records. 

1. The University of ������Ƶwill comply with the Family Educational Rights and Privacy Act of 1974 and its implementing regulations, as amended (FERPA), and, in so doing, protect the required confidentiality of and access to education records of current and former students. In the event there is a conflict between FERPA and regents’ policy, university regulation, and/or MAU rules and procedures, the provisions of FERPA will control. To the extent this policy and university regulation and MAU rules and procedures express substantive or procedural rights or promote expectations that do not otherwise exist in FERPA, they give rise to no rights to enforcement or review outside of internal university processes, such as courts or administrative agencies. 
2. The president and chancellors, respectively, will establish university regulation and MAU rules and procedures consistent with FERPA and regents’ policy that will ensure the appropriate confidentiality of education records. Where practicable, chancellors will develop common practices among MAUs which contribute to efficiency of service and appropriate access to education records. Each chancellor will designate a custodian of education records for the MAU.

(02-20-98)

P09.04.020. Education Records Definitions.

The president may establish definitions applicable to this policy in university regulation.

(02-20-98)

P09.04.030. Composition of Education Records. 

1. Education records are those records directly related to a student and maintained by the university. Education records may be located in several different offices, depending upon the type of record. Education records include, but are not limited to:
   1. academic evaluations, including student examination papers, transcripts, test scores, graduate advisory committee reports when applicable, and other academic records; 
   2. general advising records; 
   3. disciplinary records; 
   4. financial aid records, including student loan collection records; and 
   5. employment records of students whose employment is contingent on their status as students, for example, work-study.
2. Documents and materials not considered part of the education record will be established by the president in university regulation.

(12-12-14)

P09.04.040. Annual Notification of Rights.

Students enrolled in or registered with the university will be informed annually of their rights under FERPA. The president will establish in university regulation the content of the notification, such means and timing of distribution as are reasonably likely to inform students of their rights, and the procedures for exercising such rights.

(02-20-98)

P09.04.050. Inspection and Review of Education Records by Students. 

1. Except as otherwise provided, students will be permitted to inspect and review their education records. The right of inspection and review includes:
   1. the right to an explanation and interpretation of the record; and 
   2. the right to a copy of the education record in accordance with the fee schedule established by each chancellor for the MAU.
2. The right of inspection and review does not apply to records accumulated by the university that pertain to a student’s application for admission to a program until such time as the student has been admitted to the program. Thus, an individual who is currently or has been enrolled in a university program and who applies for admission to another program at the same or another MAU has no right to inspect the records accumulated by the program into which admission is sought until the individual is enrolled therein. 
3. No fees will be assessed for searching for or retrieving an education record. Fees for copies may be assessed as long as the fee does not prohibit a student from inspecting and reviewing the student’s education record. The president will establish procedures for the inspection and review of education records in university regulation.

(02-20-98)

P09.04.060. Disclosure of Personally Identifiable Information.

Personally identifiable information will not be released from an education record without the written consent of the student except for permissible disclosure of public information and except as otherwise permitted by FERPA or by university regulation. Such written consent must:

1. specify the records to be released;
2.  state the purpose of the disclosure;
3. identify the party or class of parties to whom disclosure may be made; and 
4. be signed and dated by the student.

(02-20-98)

P09.04.070. Records Regarding Requests for Access to and Disclosures of Education Records.

Each MAU will maintain a record of each request for access to education records and of each disclosure, in accordance with FERPA and as established by the president in university regulation.

(02-20-98)

P09.04.080. Amending Education Records.

A student may request that the content of the student’s record be amended on the grounds that the information contained in the record is inaccurate, misleading, or in violation of the privacy or other rights of that student. The president will establish procedures for challenging and amending the content of a record in university regulation.

(02-20-98)

P09.04.090. Public Information.

The president will establish the items regarding a student that are considered public information. Public information is that information about a student that a university will, at its discretion, make public in ways such as a student directory or news releases unless the student requests that it not be released. Students will be given the opportunity to make such request on registration documents and in other ways designated in university regulation on annual notification of rights. For purposes of this section, “public information” is intended to mean “directory information” as used in FERPA.

(06-06-07)

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