Bulletin--Privacy Rights of Students

PRIVACY RIGHTS OF STUDENTS IN EDUCATION RECORDS

The federal Family Education Rights and Privacy Act of 1974 (20 U.S.C. 1232g) and regulations adopted thereunder (34 C.F.R. 99) and California Education Code Section 67100 et seq., set out requirements designed to protect the privacy of students concerning their records maintained by the campus. Specifically, the statute and regulations govern access to student records maintained by the campus, and the release of such records. In brief, the law provides that the campus must provide students access to records directly related to the student and an opportunity for a hearing to challenge such records on the grounds that they are inaccurate, misleading, or otherwise inappropriate. The right to a hearing under the law does not include any right to challenge the appropriateness of a grade as determined by the instructor. The law generally requires that written consent of the student be received before releasing personally identifiable data about the student from records to other than a specified list of exceptions. The institution has adopted a set of policies and procedures concerning implementation of the statutes and the regulations of the campus. Copies of these policies and procedures may be obtained at the Dean of Students. Among the types of information included in the campus statement of policies and procedures is: (1) the types of student records and the information contained therein; (2) the official responsible for the maintenance of each type of record; (3) the location of access lists which indicate persons requesting or receiving information from the record; (4) policies for reviewing and expunging records; (5) the access rights of students; (6) the procedures for challenging the content of student records; (7) the cost which will be charged for reproducing copies of records, and (8) the right of the student to file a complaint with the Department of Education. An office and review board have been established by the department to investigate and adjudicate violations and complaints. The office designated for this purpose is: The Family Educational Rights and Privacy Act Office (FERPA), Department of Education, 330 "C" Street, Room 4511, Washington, D.C. 20202.

The campus is authorized under the Act to release directory information concerning students. San Francisco State University policy is more restrictive than the Federal and State Act and limits directory information to the student's name, current enrollment status, class level, major, degrees earned, semesters of enrollment, and extra-curricular achievements. 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 which the student requests not be released. Written requests to withhold any or all directory information should be directed to the Registrar. A student can request that non-directory information (including address) be released to agencies of the State of California when requested for employment recruitment purposes under the provisions of Assembly Bill 771 (Chacon). Written requests to release non-directory information should be directed to the Registrar. Forms are available for this purpose at the Registrar's Counter, ADM 253.

The campus is authorized to provide access to student records to campus officials and employees who have legitimate educational interests in such access. These persons are those who have responsibilities in connection with the campus' academic, administrative, or service functions and who have reason for using student records connected with their campus or other related academic responsibilities. Disclosure may also be made to other persons or organizations under certain conditions (e.g., as part of accreditation or program evaluation; in response to a court order or subpoena; in connection with financial aid; to the National Student Loan Clearinghouse which functions as an agent of the university, to other institutions to which the student is transferring).

In addition to those safeguards provided by the Family Educational Rights and Privacy Act of 1974, the university's policy allows the release of personally identifiable information to others (except to verify student status) only with the student's prior consent or in the case of extreme emergency or where there is clear and imminent danger to the student, to others, or to society.

Bulletin 1994-96 Table of Contents, SFSU Home Page

last modified August 3, 1995