ACD 121: Privacy Rights of Students

To outline ASU’s policy on protection of student privacy rights and release of student information

Family Educational Rights and Privacy Act of 1974 (also referred to as the Buckley Amendment), 20 United States Code § 1232g)

Office of the Executive Vice President and Provost of the University

Office of the Deputy Vice President/University Dean of Student Affairs

Faculty

Academic professionals

Classified and administrative staff

Student employees and graduate assistants

All university employees are legally obliged to protect the privacy rights of students and the confidentiality of educational records, in accordance with federal law and university policy. This policy summarizes ASU’s complete and definitive policy regarding the privacy rights of students, which appears in the University Student Initiatives Policies and Procedures Manual—USI 107–01, “Release of Student Information.” Except in the limited circumstances described in USI 107–01, or when authorized by the student, the release of information from student records is prohibited.

Disclosure of educational records includes permitting access, release, transfer, or other communication of a student’s educational records or the personally identifiable information contained in them, orally, in writing, by electronic means, or by any other means to any party. Educational records include any information or data directly related to a student recorded in any medium and maintained by the university or someone acting for the university. Media containing educational records include but are not limited to: handwriting, print, tapes, film, microfilm, microfiche, and electronic media such as databases. Two types of educational records are subject to the Family Educational Rights and Privacy Act of 1974: directory information and personally identifiable information. Educational records do not include those records specifically excluded by the federal law; USI 107–01 provides full information about such records.

Directory information may be released to anyone without the consent of the student, unless the student indicates otherwise. Students may complete a form at the Office of the Registrar, requesting that this information not be released. Students who have submitted such forms will subsequently be excluded from the annual ASU Directory.

Directory information is limited to: a student’s name, local and permanent address, local telephone number, date and place of birth, residency status, academic level, major field of study, college of enrollment, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, and the most recent previous educational agency or institution attended by the student.

Personally identifiable information other than directory information may not be released without the student’s consent, except under the limited circumstances described in detail in USI 107–01. Personally identifiable information includes all information that would make a student’s identity easily traceable, such as information linked to personal identifiers (e.g., name or student identification number), a list of personal characteristics, or the name of the student’s parent or other family member.

The limited circumstances under which student information may be released without the student’s permission include release to or granting permission of access to:

1. ASU officials who have a legitimate educational interest in the information
2. officials of other schools in which the student seeks admission or intends to enroll
3. parents of a dependent student
4. appropriate parties in a health or safety emergency

   and

5. persons holding a judicial order or lawfully issued subpoena.

Parties to whom personally identifiable information is released are prohibited from disclosing the information to any other party without the prior written consent of the student.

Students have the right to inspect and review their educational records. Parents of dependent students also have rights of access under the law and may challenge a student’s denial of access by:

1. presenting the most current copy of Internal Revenue Service Form 1040, showing the student in question as a dependent

   and

2. signing an affidavit affirming the student’s dependency.

Persons desiring access to educational records must display some form of photo identification to the custodian of the pertinent record.

ASU maintains records of each request for and release of personally identifiable information. The custodian of educational records at ASU is the Registrar’s Office, which also maintains a directory of records listing all education records maintained on students by ASU.

Students may grant access to parents or other parties by completing a form in the Office of the Registrar.

Under the federal law, some records, such as Business Office financial records or confidential letters of recommendation, are not subject to inspection and review. For complete information about such exceptions, see USI 107–01.

No educational record may be destroyed if there is an outstanding request to inspect and review it.

Students may challenge the content of records, although grades may not be challenged under this policy. Only the improper recording of a grade may be challenged under this policy. Challenges must take the form of an initial informal request and subsequent formal appeals, as described in USI 107–01.

Those complaints related to the confidentiality of student records that are not resolved within the university may be filed with the office and review board designated by the secretary of the U.S. Department of Education. If lack of compliance with the act or related regulations is found, this federal office may withdraw certain federal funding until the university complies with the policy.

Anyone desiring further information about this policy should consult the complete policy, USI 107–01. Requests for additional information or clarification may also be directed to the Office of the Registrar.

For the complete policy on student privacy rights and disclosure of student information, see the University Student Initiatives Policies and Procedures Manual—USI 107–01, “Release of Student Information.”

skip navigation bar