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History
- Policy Number: SA.16.006
- Version: Revision 2
- Drafted By: Ginger Reyes
- Approved By: Erika D. Beck
- Approval Date: 10/17/16
- Effective Date: 10/17/16
- Supercedes: SA.16.005
Purpose
The Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99) is a Federal law that protects the privacy of student education records. The law applies to all schools that receive funds under an applicable program of the U.S. Department of Education. FERPA gives parents certain rights with respect to their children’s education records. These rights transfer to the student when he or she reaches the age of 18 or attends a school beyond the high school level. Students to whom the rights have transferred are “eligible students.”
Solomon Amendment [32 CFR Part 16] published October 28, 1998, and interim rule [65 Fed Reg 2056] published January 13, 2000, gives branches of the military access to student directory information which would have been denied them under FERPA.
Background
Family Educational Rights and Privacy Act (FERPA), 20 U.S.C. § 1232g; 34 CFR Part 99; § 513 of P.L. 93-380; P.L. 93-568; P.L. 96-46; P.L. 101-542; P.L. 102-325; P.L. 103-382; P.L. 105-244
CSU Executive Order 796: Privacy and Personal Information Management Student Records
Administration Collective Bargaining Agreement for Unit 11 (UAW – Academic Student Employees)
Policy
Accountability
This policy designates the Provost, or designee, as the Compliance Officer for the University. This policy also clarifies secondary roles and responsibilities in University procedures for ensuring compliance. The Custodian of Education Records will vary, based on the type of record, as listed on the following page.
Types, Locations and Custodians of Education Records
Type of Record | Location | Custodian of Record |
Academic (e.g., transcript, transfer work, class schedule, degree requirements, probation, petitions, etc. | Records & Registration Enrollment Center Sage Hall | Associate/Assistant Vice President Enrollment Management
|
Disciplinary | Student Conduct & Community Responsibility Bell Tower | Student Conduct Administrator
|
Campus Assessment, Response, and Evaluation (CARE) Team
Financial Aid | Dean of Students Bell Tower
Financial Aid Enrollment Center Sage Hall | Associate Vice President for Student Affairs/Dean of Students
Director of Financial Aid
|
Student Housing, Tenant and Disciplinary | Housing & Residential Education Santa Cruz Village | Associate Vice President for Student Affairs, Housing & Residential Education
|
Student Accounts | Student Financial Services Lindero Hall | Vice President for Business & Financial Affairs
|
Student Life (e.g. career counseling, EOP/student support services, PATH program, etc.) |
Dean of Students Bell Tower |
Associate Vice President for Student Affairs/Dean of Students
|
Student Payroll | Human Resources Lindero Hall | Associate Vice President for Human Resources
|
Public Safety | Transportation & Parking Services Placer Hall | Chief of Police
|
Occasional (e.g. correspondence in office not listed above) | University staff will direct student to the location that maintains records | Associate/Assistant Vice President Enrollment Management |
Veterans |
Sage Hall |
Associate/Assistant Vice President Enrollment Management |
Applicability
All students who are attending or have attended California State University Channel Islands.
Definition(s)
For the purposes of this policy:
Student –Any person who enrolls or has been enrolled at California State University Channel Islands.
Third Parties –Non-university persons or entities.
University – Hereafter in this document a reference to California State University Channel Islands.
University Official – University employees who have a legitimate educational interest in the records.
Education Records – Any record (in handwriting, print, tapes, film or other medium) maintained by California State University Channel Islands, or an agent of the University, which is directly related to a student except:
- A personal record kept by a staff member, if it is kept in the personal possession of the individual who made the record, and information contained in the record has never been revealed or made available to any other person except the maker’s temporary substitute.
- An employment record of an individual whose employment is not contingent on the fact that he or she is a student, provided the record is used only in relation to the individual’s employment.
- Records maintained by the University’s Student Health Services, Counseling &and Psychological Services, or Disability Resource Programs, if the records are used only for treatment of a student and made available only to those persons providing treatment.
- Alumni records which contain information about a student after he or she is no longer in attendance at the University and the records do not relate to the person as a student.
Legitimate Educational Interest – a school official has a legitimate educational interest in the protected education records, a legal “right to know” if the official is:
- Performing a task that is specified in his or her position description or contract agreement: related to a student’s education; or related to the discipline of a student.
- Providing a service or benefit relating to the student or student’s family, such as health care, counseling, career counseling or financial aid.
- Maintaining the safety and security of the campus.
The custodian of record as designated in the “Accountability” section, above, will determine whether a legitimate educational interest exists, whether the school official has a legal right to know, on a case-by-case basis. When the custodian has any question regarding the request, the custodian should withhold disclosure unless the custodian obtains written consent from the student or the concurrence of a supervisor or other appropriate official that the record may be released.
Text
Please view Policy PDF through the link above.
Exhibit(s)
None.