Family Educational Rights and Privacy Act Of 1974
The Board of Trustees of the California State University recognizes that the right of privacy is an inalienable right protected by Article 1, Section 1 of the California State Constitution. Under the authority delegated to the Chancellor in Title 5, California Code of Regulations, Section 42396.5, Executive Order 796 (January, 2002), was issued for the implementation of the policy for the administration of student records consistent with the federal Family Education Rights and Privacy Act of 1974 (FERPA, 20 U.S.C. 1232g) and the regulations adopted there under (34 C.F.R.99).
Executive Order 796 states: “Each campus shall adopt a written policy statement establishing procedures by which the campus intends to comply with FERPA and this executive order. These procedures shall include a requirement to periodically review campus information management practices concerning student records at least every two years or more often as the need arises.”
As required by EO 796, the Registrar is responsible for the biannual review of this document. The document establishes the language and procedures by which the campus guarantees student education record privacy rights and complies with FERPA, California state law and EO 796.
The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records.
These rights are outlined below:
- The right to inspect and review the student’s education records within 45 days of the day the University receives a request for access. Student should submit to the Registrar (or appropriate school official) a written request that identifies the record(s) he or she wishes to inspect. The University official will make arrangements for access and notify the student of the time and place where the records may be inspected.
- The right to request the amendment of the student’s education records that the student believes are inaccurate or misleading. Student may ask the University to amend a record that he or she believes is inaccurate or misleading. He or she should write the University official responsible for the record, clearly identify the part of the record he or she wants changed, and specify why it is inaccurate or misleading. 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 a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
- The right to consent to disclosures of personally identifiable information contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent. One exception which permits disclosure without consent is disclosure to school officials with legitimate educational interests. A school official is a person employed by the University as an administrator, supervisor, academic or research, or support staff member (including health or medical staff and law enforcement unit personnel); a person serving on the Board of Trustees; a person or company with whom the University has contracted to perform a special task (such as an attorney, auditor, or collection agent); or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by California State University, Fresno to comply with the requirements of FERPA. The name and address of the Office that administers FERPA are:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue. S.W.
Washington, D.C. 20202-4605
The campus is authorized under the Act to release public “directory information” concerning students. “ Directory information” at California State University, Fresno may include the student's name, photograph, major field of study, enrollment status, degrees and awards received at Fresno State, the most recent educational institution attended, participation in officially recognized University sports and student activities, and the weight and height of members of athletic teams. The above designated information is subject to release by the campus at any time unless the campus has received prior written objection from the student specifying information the student requests not be released. Written requests to restrict directory information should be sent to the Registrar's Office.
For students employed in positions represented by CSU Bargaining Unit 11 only , "directory information" may also include address, department in which employed, telephone number, email address, and status as a student employee (i.e. TA, GA, ISA), PROVIDED, HOWEVER, that such information may be considered "directory information" only for purposes of disclosure by the CSU Chancellor's Office to the Exclusive Representative of Bargaining Unit 11.