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:
Family Policy Compliance Office
U.S. Department of Education
400 Independence Ave., S.W.
Washington, D.C. 20202-4605
(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), 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, 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. Only currently enrolled students may request directory
information be withheld.
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:
1. 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;
2. the right to exercise a limited control over
another person's access to the student's education records;
3. the right to correct a student's education
records when the records are inaccurate, misleading or otherwise
in violation of FERPA;
4. the right to report violations of FERPA to
the Department of Education;
5. 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 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:
1. 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.
2. 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.
3. 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.
4. Financial records and statements of a student's
parents.
5. Confidential letters and statements of recommendation
which were placed in the education records of a student prior
to January 1, 1975.
6. 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.
7. Records concerning admissions to an academic
component of the University which the student has never attended.
Any questions concerning FERPA should
be directed to the Office of the Registrar.
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