RELEASE OF STUDENT INFORMATION POLICY

In compliance with Section 438 of the "General Education Provisions Act" (as amended) entitled "Family Educational Rights and Privacy Act of 1974" (FERPA) the following constitutes the institution's policy on providing appropriate access to personal records, while protecting their confidentiality.

Emporia State University accords all the rights under the law to students. Those rights are: 1) the right to inspect and review the student's education records; 2) the right to request the amendment of the student's education records to ensure that they are not inaccurate, misleading, or otherwise in violation of the student's privacy or their rights; 3) 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; 4) the right to file with the U.S. Department of Education a complaint concerning alleged failures by Emporia State University to comply with the requirements of FERPA; and 5) the right to obtain a copy of Emporia State University's student records policy. You can obtain a copy of the policy from the Registrar's Office. 

For Faculty and Staff:

Faculty and staff who have access to student information, need to understand and adhere to the FERPA regulations and policies. Please review the information below and complete these FERPA Quizzes that are designed to give you real examples and practice in applying these regulations and policies.Additional training materials are available from the Registration Office or the Registration Office staff are available for training in your areas. Call Andra Baldwin at abaldwin@emporia.edu or 341-5150.

Procedure to Inspect Education Records
Limitation on Right of Access
Disclosure of Education Records
Record of Requests for Disclosure
Directory Information
Correction of Education Records

FERPA Quiz 1
FERPA Quiz 2
FERPA Quiz 3

DEFINITIONS

For the purposes of this policy, Emporia State University has used the following definitions:

Student - any person who attends or has attended Emporia State University.

Education records - any record (in handwriting, print, tapes, film, computer, or other medium) maintained by Emporia State University or an agent of the University which is directly related to the student, except:
 

1. Files retained by a staff member if it is kept in sole possession of the maker of the record and is not accessible or revealed to any other person except a temporary substitute for the maker of the record.

 
2. An employment record of an individual whose employment is not contingent upon on the fact that he/she is a student, provided the record is used only in relation to the individual's employment.

 
3. Records maintained by the Student Health Service if the records are used only for treatment of a student and made available only to those persons providing the treatment.

 
4. Alumni records which contain information about a student after he/she is no longer in attendance at Emporia State University and which do not relate to the person as a student.

 
5. Records created and maintained by Emporia State University Law Enforcement Unit for law enforcement purposes.

PROCEDURE TO INSPECT EDUCATION RECORDS

Students may inspect and review their education records upon request to the appropriate records custodian.

Students should submit to the record custodian or an appropriate University staff person a written request which identifies as precisely as possible the record or records he or she wishes to inspect. The records custodian or an appropriate Emporia State University staff person will make the needed arrangements for access as promptly as possible and notify the student of the time and place where the records may be inspected.  Access must be given in 45 days or less from the receipt of the request.

When a record contains information about more than one student, the student may inspect and review only the records which relate to him.

The student may obtain copies of his/her educational records upon written request, for which the University may charge the current copying charge per page.  This does not entitle a student to an official transcript, for which there is a higher charge and which will be withheld if the person owes the University money or property.

LIMITATION ON RIGHT OF ACCESS

Emporia State University reserves the right to refuse to permit a student to inspect the following records:

1. The financial statement of the student's parents

 
2. Letters and statements of recommendation for which the student has waived his or her right of access, or which were maintained before January 1, 1975.

 
3. Records connected with an application to attend Emporia State University or a component unit of Emporia State University if that application was denied.

 
4. Those records which are excluded from the FERPA definition of education records.

DISCLOSURE  OF  EDUCATION RECORDS

Emporia State University will disclose information from a student's education records only with the written consent of the student, except that records may be disclosed without consent when the disclosure is:

1. To school officials who have a legitimate educational interest in the records.  A school official is: a person employed by Emporia State University in an administrative, supervisory, academic or research, or support staff position, including health or medical staff; a person selected to the Board of Regents; a person employed by or under contract to the University to perform a special task, such as the attorney or auditor; a person who is employed by Emporia State Univesity Law Enforcement Unit; or a student serving on an official committee, such as disciplinary or grievance committee, or who is assisting another school official in performing his or her task.
 

A school official has a legitimate education interest if the official is: performing a task that is specified in his or her 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 of benefit relating to the student such as health care, counseling, job placement, or financial aid; maintaining the safety and security of the campus.
 

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

 
3. 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.

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

 
5. To state and local official or authorities if specifically required by a state law that was adopted before November 19, 1974.

 
6. To organizations conducting certain studies for or on behalf of Emporia State University.

 
7. To accrediting organizations to carry out their functions.

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

 
9. To comply with a judicial order or a lawfully issued subpoena.

 
10. To appropriate parties in a health or safety emergency.

 
11. The results of any disciplinary proceeding conducted by Emporia State University against an alleged perpetrator of a crime of violence to the alleged victim of that crime.

 
12. To individuals requesting "Directory Information" so designated by Emporia State University.

RECORD OF REQUESTS FOR DISCLOSURE

Emporia State University will maintain a record of all requests for and/or disclosure of information from a student's education records as long as they are enrolled.  The record will indicate the name of the party making the request, any additional party to whom it my be redisclosed, and the legitimate interest the party had in requesting or obtaining the information.  The record is open only to the student and the person in charge of the record.

DIRECTORY INFORMATION

Emporia State University designates the following items as Directory Information:  student name, address(es), telephone number(s), e-mail address(es), dates of attendance, classification (freshman, sophomore, etc.), enrollment status (full-time, part-time, etc.), major field(s) of study, awards (including honors and scholarships), degrees conferred (including dates), past and present participation in officially recognized sports and activities, physical factors (height, weight of athletes).

Students may withhold free disclosure of "Directory Information" (on all or none basis) to non-institutional persons or organizations.  You have the option to protect your privacy and not have such information as your address and telephone number released.  Forms requesting the withholding of this information are available in the Registrar's Office, 108 Plumb Hall.  Otherwise, the University assumes that you approve of disclosure of that information.  The student must complete the form by the end of the second week of the Fall Semester if they do not want it to be included in the Campus Directory, which is published each Fall and which is available to people outside ESU.

Aside from the specific deadline that relates to the Campus Directory in the Fall, requests for non-disclosure may be filed anytime, but cannot be effective until filed.  Requests will be honored for only one academic year; therefore, requests to withhold "Directory Information" must be filed annually.

CORRECTION OF EDUCATION RECORDS

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

1. A student must ask (appropriate official of) Emporia State University to amend a record. In so doing, the student should identify the part of the record to be amended and specify why the student belives it is inaccurate, misleading or in volation of his or her privacy rights.
2. Emporia State University may comply with the request or it may decide not to comply. If it decides not to comply, Emproia State University will notify the student of the decision and advise the student of his or her right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student's privacy rights.
3. Upon request, Emporia State University will arrange for a hearing, and notify the student, reasonably in advance, of the date, place, and time of the hearing.
4. The hearing will be conducted by a hearing officer who is a disinterested party; however, the hearing officer may be an official of the institution. The student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student's education records. The student may be assisted by one or more individuals, including a attorney.
5. Emporia State 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.
6. If Emporia State 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 have a right to place in the record a statement commenting in the challenged information and/or a statement setting forth reasons for disagreeing with the decision.
7. The statement will be maintained a part of the student's education records as long as the contested portion is maintained. If Emporia State University discloses the contested portion of the record, it must also disclose the statement.

 

Last Updated April 1, 2008