2002-2003 Edition
Texas A&M University Graduate CatalogTexas A&M University Graduate Catalog
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Appendix B

 

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.

Local policy explains in detail the procedures to be used by the University for compliance with the provisions of the Act. Copies of the complete policy may be obtained at the Office of the Registrar, located in Heaton Hall on the Texas A&M University campus.

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 will be made available to any student upon request to the Office of the 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 the 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
600 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, addresses for mail lists (includes email address), local telephone number, place of birth, dates of attendance, major, classification, degrees awarded, honors/awards, rank in class, previous institution(s) attended, photograph (digitized image), color of hair/eyes, varsity sports participation, weight/height of athletes, parking permit information, grades over the telephone to the student, academic standing and Association of Former Students Directory; also 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 the 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:

  1. the right of a student to inspect and review the student's education records
  2. the intent of the University to limit the disclosure of information contained in a student's education records;
  3. 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;
  4. the right of any person to file a complaint with the Department of Education if the University violates the FERPA or its student records policy;
  5. 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 and this policy. Operating under the premise that the educational process is a cooperative venture between a student and the University, the policy emphasizes 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 other 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 the FERPA;
  4. the right to report violations of the FERPA to the Department of Education;
  5. the right to be informed about FERPA rights.

All the rights and protections given students under the FERPA and this policy 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:

  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.