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Appendix C:
Family Educational Rights and Privacy
Act of 1974
Annually, Texas A&M University informs
students of the Family Educational Rights and Privacy Act of
1974. This Act, with which the University intends to comply fully,
is intended to protect the privacy of education records, to establish
the rights of students to inspect and review their education
records and to provide guidelines for the correction of inaccurate
or misleading data through informal and formal hearings. Students
also have the right to file complaints with the Family Educational
Rights and Privacy Act Office of the Department of Education
in Washington, D.C. concerning alleged failures by the University
to comply with the Act.
Copies of the policy may be obtained
at www.tamu.edu/registrar. Questions may be emailed to registrar@tamu.edu.
The Family Educational Rights and Privacy
Act of 1974 (FERPA) is a federal law which provides minimum standards
for the management of student education records for universities
receiving funds made available under any federal program administered
by the U.S. Commissioner of Education. The Act provides, among
other things, that an institution will maintain the confidentiality
of student education records and that students will have the
right to inspect most education records an institution maintains
on them.
This Policy and the procedures included
within it are designed to meet the FERPA provisions. Texas A&M
University is committed to the good faith implementation of this
Policy. A copy of this Policy is available to any student at
www.tamu.edu/registrar.
In case a student, the parent of a student
or any other individual has a complaint that an official of the
University is violating FERPA, and the complaint cannot be satisfactorily
resolved within the University, that person has the right to
file a complaint with the Department of Education by contacting:
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Family Policy Compliance Office |
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U.S. Department of Education |
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400 Independence Ave., S.W. |
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Washington, D.C. 20202-4605 |
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(202) 260-3887 |
For the purposes of this Policy, Texas
A&M University has used the following definitions of terms:
Student. Person who
attends or has attended a program of instruction sponsored
by Texas A&M University.
The term does not include an individual who has not been in
actual attendance at the University.
Education Records. Any records (in handwriting,
print, tapes, film or other medium) maintained by the University,
an employee of the University or agent of the University which
is related to the student.
Directory Information. Under
the "Family
Educational Rights and Privacy Act of 1974 (FERPA)," the
following directory information may be made public unless the
student
desires to withhold any or all of this information: the student's
name, local address, permanent address, email address*, telephone
number, place of birth, major, dates of attendance, classification,
enrollment status (undergraduate or graduate, full-time or
part-time), academic standing (eligible to register), grades
via Tele-Grade through VOCOM to students only, rank in class,
varsity sports participation, weight and height of athletes,
degrees received, academic honors and awards received, employment
titles of students, previous institution(s) attended, parking
permit information, photograph (digitized image), color of
hair/eyes, Association of Former Students Directory, parent's
name, address and telephone number.
Students wishing to withhold any or
all of this information must complete, in person, the Hold
Directory Information form available to all students in the
Records section of the Office of the Registrar in Room 112,
Heaton Hall, 8 a.m.-5 p.m. Monday-Friday. Information on a
student may be released unless a Hold Directory Information
form is completed by the student and submitted to the Records
section by the 12th class day of a fall or spring semester
or by the 4th class day of a summer term (the official census
day). The Hold Directory request remains in effect until the
student revokes it in writing or is deceased.
Semester Notification
During the preregistration period each
semester, Texas A&M University publishes in the Schedule
of Classes a notice to students of their rights under FERPA and
this policy. The University also announces its compliance with
FERPA and this policy in this catalog. The notice given to students
in the Schedule of Classes includes the following:
-
the right of a student to inspect and review
the student's education records;
- the intent of the University to limit the disclosure of information
contained in a student's education records;
- the right of a student to seek to correct parts of the student's
education record which he or she believes to be incorrect, misleading
or in violation of student rights. This right includes the right
to a hearing to present evidence that the record should be changed
if the University decides not to alter it according to the student's
request;
- the right of any person to file a complaint with the Department
of Education if the University violates FERPA or its student
records policy;
- the procedure that a student should follow to obtain copies
of this policy and the location where copies may be obtained.
Statement of Rights
Texas A&M University encourages students
to exercise all of their rights under the Family Educational
Rights and Privacy Act. Operating under the premise that the
educational process is a cooperative venture between a student
and the University, we emphasize the following rights of eligible
students:
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the right to inspect and review, with certain
limited exceptions, the student's education records, including
the right to receive explanations and interpretations of
the records and to obtain copies of the records when such are
needed
to allow the student to effectively exercise his/her right
of inspection and review;
- the right to exercise a limited control over another person's
access to the student's education records;
- the right to correct a student's education records when the
records are inaccurate, misleading or otherwise in violation
of FERPA;
- the right to report violations of FERPA to the Department of
Education;
- the right to be informed about FERPA rights.
All the rights and protections given
students under FERPA belong to the student. However, information
in student records may be provided to parents without the written
consent of the student if the eligible student is a financial
dependent of his or her parents as defined under Section 152
of the Internal Revenue Code of 1954.
Records not Available for Information and
Review
Students shall have access to all education
records concerning them maintained by the University with the
exception of the following:
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A personal record kept by a University faculty
or staff member which meets the following tests:
a. It is in the personal possession of the individual
who made it.
b. Information contained in it has never been revealed or
made available to any other person except the maker's temporary
substitute.
- An employment record which is used only in
relation to a student's employment by the University, except
where an individual in attendance at the University is employed
as a result of his or her status as a student.
- Records relating to a student which are created or maintained
by a physician, psychiatrist, psychologist or other recognized
professional or para-professional acting in his or her professional
or para-professional capacity or assisting in that capacity which
are used in connection with the provision of treatment to a student
and are not disclosed to anyone other than the individuals providing
the treatment.
- Financial records and statements of a student's parents.
- Confidential letters and statements of recommendation which
were placed in the education records of a student prior to January
1, 1975.
- Confidential letters and statements of recommendation which
were placed in the education records of a student on or after
January 1, 1975, if the student has waived his or her right to
inspect and review the letters or statements.
- Records concerning admissions to an academic component of the
University which the student has never attended.
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