Family Educational Rights & Privacy Act (FERPA)

This right should be granted within 45 days of the day the university receives a written request for access. Students requesting access to their records must present proper identification and a signed Student Request to Inspect and Review Education Record to the registrar, financial aid director, dean, or other TSU official. The request should identify the record(s) the student wishes to inspect. The appropriate TSU official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the office where the request was submitted, the student should be advised of the correct office or official to whom the request should be addressed.

Students may request a copy of their educational records. Students requesting copies will pay the current rate associated with an official transcript and the per-page fee for records that are copied. If a student would like to inspect and review his/her complete education record, he/she may make a request in writing to the Office of the Registrar.

There may be occasions when a record may not be copied, especially if doing so may compromise another student or faculty member's privacy. TSU may deny access to the following records: (a) parents' financial statements; (b) letters of recommendation if the student has waived his or her right of access; (c) records filed before January 1, 1975; or (d) records not included in the FERPA definition of educational records.

TSU reserves the right to deny copies of records, including transcripts, when there is an unresolved disciplinary action against the student.

Students may exercise this right when they believe their records are inaccurate, misleading, or otherwise violating the student's privacy rights under FERPA.

A proper request to correct a student's education record must:

1. Be written to the university registrar;
2. Clearly identify the part of the record they want to be changed; and
3. Specify why the record is inaccurate or misleading.

Any written request, which does not include the required information, will not be considered and the requestor will be notified in writing that their request was not made properly.

If TSU decides not to amend the record as requested, the registrar will notify the student in writing of the decision and of the student's right to a hearing regarding the request for amendment.

FERPA Appeal Process

In instances where the university decides not to amend an education record as requested by the student, the university will notify the student of the decision and advise him/her of the right to an appeal hearing according to the following process:

• If the request to change the record was deemed unsubstantiated by the university designee and the institution was able to demonstrate that the record was accurate, the student will be informed of the right to a formal appeal hearing.
• Students must request a formal hearing within 10 business days from the date they are informed of the right to an appeal hearing.
• The request for a formal hearing must be in writing and delivered to the Office of the Provost or designee.
• The Provost will either review the case personally or designate a hearing committee if the issue involves a matter not clearly established by current policy.
• A written decision will be delivered to all parties summarizing the evidence and stating the reason(s) for the decision. If the decision is in favor of the student, the education record will be amended. If the decision is for the record to remain the same, the student may place a statement commenting on or disagreeing with the decision in the education record.

Except for directory information, TSU must receive written consent from students before disclosing any personally identifiable information from their educational records unless such disclosure without consent is authorized by law.  Students wishing to disclose all or portions of their academic record must complete the FERPA Release Authorization form and return it to the university registrar or to the office where the records are housed.

Exceptions

TSU may release personally identifiable information from a student's educational record without first obtaining the student's written permission when the disclosure is to:

TSU officials who have a legitimate educational interest in the records. A TSU official is defined as:

1. a person TSU employs in an administrative, academic, research, or support staff position, whether full- or part-time.
2. a person appointed by the Board of Regents.
3. a person employed by, under contract to, or assigned to TSU to perform a special task for the benefit of the university, such as an attorney or auditor.
4. a person whom the TSU Department of Public Safety employs.
5. a person serving on an official disciplinary, grievance, or appeals committee.

TSU personnel have a legitimate educational interest in the record if they are:

1. performing a task specified in his or her position description or performing a task related to his or her contract agreement or appointment.
2. performing a task related to a student's education.
3. performing a task related to the discipline of or grievance by a student.
4. providing a service or benefit relating to the student or student's family, such as health care, counseling, job placement, or financial aid.
5. maintaining the safety and security of the campus and/or investigating violations of the law that affect the university.
6. a contractor, consultant, volunteer, or any entity working for and on behalf of the university.

Certain officials of the U.S. Department of Education, the Comptroller General, the Attorney General, and state and local educational authorities, in connection with the audit or evaluation of certain state or federally supported educational programs.

1. State and local officials to whom disclosure is specifically required by state statute adopted before November 19, 1974.
2. Veterans Administration Officials.
3. Officials of other institutions in which a student seeks or intends to enroll.
4. Persons (other than parents) or organizations providing financial aid to students or determining financial aid decisions on the condition that the information is necessary to (a) determine eligibility for the aid, (b) determine the amount of the aid, (c) determine the conditions for the aid, or (d) enforce the terms and conditions of the aid.
5. Organizations conducting studies for, or on behalf of, educational agencies or institutions to develop, validate, and administer predictive tests, to administer student aid programs, or to improve instruction.
6. Accrediting organizations carrying out their accrediting functions.
7. Parents of a student who is claimed as a dependent on a parent's most recent Federal tax statement.
8. Persons in compliance with a judicial order or a lawfully issued subpoena, provided that TSU reasonably attempts to notify the student in advance of the compliance.

   • Will students always be notified?

     TSU is not required to, and should not, notify the student if a federal grand jury subpoena, or any other subpoena issued for a law enforcement purpose, orders TSU not to disclose the existence or contents of the subpoena.

   • Who receives subpoenas for disclosure of a student’s PII?

     Any subpoena or judicial order should be forwarded to the Office of General Counsel for processing and notification to the student regarding the affected education record. Once the records are collected, they should be forwarded to the Office of General Counsel for review and release.

   • May TSU comply with a subpoena or court order for education records without a student's consent?

     Yes. FERPA permits disclosure of education records without consent in compliance with a lawfully issued subpoena or judicial order. See § 99.31(a)(9)(i) and (ii). Importantly, the exception requires that the institution make a “reasonable effort to notify” the student of the order or subpoena before complying with the subpoena or lawfully issued judicial order. 34 CFR section 99.31(a)(9)(ii).

     The purpose of the notification is to provide a student with the opportunity to protect against the disclosure by “quashing” the subpoena. FERPA does not require TSU to obtain consent or even an acknowledgment from the student in response to the reasonable effort to notify. FERPA only requires that notice be given.

   • What constitutes a reasonable effort to notify?

     TSU will send a letter to the affected student that identifies that their education record (or part thereof) is being sought through a subpoena or court order. TSU will provide the information necessary for the student to seek protection against disclosure. The student will be granted ten business days to block the disclosure and will be notified that TSU intends to comply with the disclosure once the reasonable time period has passed. The letter will also request a copy of any such filed motion (to ensure that the institution will not inadvertently disclose the records while the court’s decision is pending).

   • Exceptions to the notification requirement

     The advance notification requirement is not required when the disclosure complies with a federal grand jury subpoena or a law enforcement subpoena and the court has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed. 34 CFR 99.31(9)(ii)

   • Recordkeeping

     FERPA regulations generally require that an institution maintain a record of all requests for access to and disclosures from education records. 34 CFR 99.32. However, such recordation is not required when the disclosure was made in compliance with a judicial order or subpoena as long as TSU successfully notified the student of the order or subpoena in advance of compliance. As such, notification letters to students should be maintained by the Office of General Counsel.

9. TSU is not required to obtain a subpoena to produce educational records of a student if it is sued by the student or takes legal action against a student. The records produced must be needed by the university to proceed with legal action as plaintiff or to defend itself.
10. The Attorney General of the United States or his designee in response to an ex parte order in connection with the investigation or prosecution of terrorism crimes.
11. Persons in an emergency, if the knowledge of the information is, in fact, necessary to protect the health or safety of students or other persons.
12. A victim of an alleged perpetrator of a crime of violence or a non forcible sex offense. The disclosure may only include the final results of the disciplinary proceeding conducted by TSU with respect to that alleged crime or offense. The university may disclose the final results of the disciplinary proceeding, regardless of whether or not the university concluded a violation was committed.
    1. If TSU discloses the final results of the disciplinary proceeding where it has determined that (a) the student is an alleged perpetrator of a crime of violence or non forcible sex offense, and (b) with respect to the allegation made against him or her, the student has committed a violation of TSU rules or policies, the final results must include only: (a) the name of the student, (b) the violation committed, and (c) any sanction imposed by TSU against the student.
13. Parents regarding the student's violation of any federal, state, or local law, or of any institutional policy or rule, governing the use of alcohol or a controlled substance if: (a) TSU has determined that the student has committed a disciplinary violation with respect to that use or possession, and (b) the student is under the age of 21 at the time of the disclosure to the parent. This item does not supersede any state law prohibiting TSU from disclosing this information.

2012 Amendment to FERPA Regulation

As of January 3, 2012, the U.S. Department of Education's FERPA regulations expand the circumstances under which your education records and personally identifiable information (PII) contained in such records — including your Social Security Number, grades, or other private information — may be accessed without your consent. First, the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or state and local education authorities ("Federal and State Authorities") may allow access to your records and PII without your consent to any third party designated by a Federal or State Authority to evaluate a federal- or state-supported education program. The evaluation may relate to any program that is "principally engaged in the provision of education," such as early childhood education and job training, as well as any program that is administered by an education agency or institution. Second, Federal and State Authorities may allow access to your education records and PII without your consent to researchers performing certain types of studies, in certain cases, even when we object to or do not request such research. Federal and State Authorities must obtain certain use-restriction and data security promises from the entities that they authorize to receive your PII, but the Authorities need not maintain direct control over such entities. In addition, in connection with Statewide Longitudinal Data Systems, State Authorities may collect, compile, permanently retain, and share without your consent PII from your education records, and they may track your participation in education and other programs by linking such PII to other personal information about you that they obtain from other Federal or State data sources, including workforce development, unemployment insurance, child welfare, juvenile justice, military service, and migrant student records systems. 

The name and address of the office that administers FERPA is:

Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202