Family Educational Rights and Privacy Act of 1974
Overview. This federal law, also known as FERPA or the Buckley Amendment, was
adopted in 1974 with two essential purposes: (1) to permit students access to
their own education records and (2) to restrict access by others to the student’s
education records. The Department of Education’s regulations define “education
records” broadly to include all records on a student maintained by the institution.
Specifically excepted from the definition, however, are medical, counseling, and
psychiatric records, employment records, and law enforcement records.
Student Access. Parents of students are entitled to access to their children’s
education records if the parent carries the child as a dependent on the parent’s
federal income tax return. Generally, students have access to all records maintained
on them by the university. However, they do not have access to certain records,
such as records that contain information on more than one student, financial
records, including those of the student’s parents, and letters of recommendation if
the student has waived his or her right to inspect these letters.
Disclosing Student Records to Others. Ordinarily, a student’s education records
should not be disclosed. University policy prohibits, for example, posting grades by
social security number or by a portion of the social security number. However, a
student’s education records may be disclosed to other persons under any one of
three circumstances: (1) the student consents to the release; (2) the information
released is “directory information” as defined by Texas State; or (3) the disclosure
is to a person authorized under the federal regulations.
Consent. A student’s consent must be in writing and must specify the
records that may be disclosed, the purpose for the disclosure, and the
person to whom the disclosure may be made.
“Directory Information.” Texas State defines directory information broadly
and lists the items considered to be directory information in UPPS No.
01.04.31, Access to Student Records Pursuant to the Family Educational
Rights and Privacy Act of 1974. University employees may release directory
information without the student’s consent. However, a student may request
a privacy hold on his or her directory information by notifying the Registrar.
If the Student has elected to request a privacy hold, directory information
should not be released.
Authorized Persons. The federal regulations contain a list of persons to
whom student records may be released without the student’s consent. The
list includes other school officials in their official capacities, to courts in
compliance with a subpoena or judicial order, and to anyone who needs the
information in a health or safety emergency.
Further Information. Texas State’s policy implementing FERPA is found in UPPS No.
01.04.31. The TSUS Office of the General Counsel can help with specific questions
on the release of student education records.
The Texas Public Information Act
Overview. As a general rule, the Texas Public Information Act makes all records
collected, assembled, or maintained at Texas State available to the public for
inspection or duplication, or both. The Act applies to records kept in all forms,
including documents, photographs, drawings, videotapes, tape recordings, and
computer records. However, the Act applies only to records. It does not apply
to tangible items such as tools and keys.
Exceptions. The Public Information Act excepts some records from its general
rule that all records are available to the public. If another statute specifies that
a particular record (for example, a medical record) is confidential, then the Public
Information Act recognizes that confidentiality. Although most information in
personnel records is subject to disclosure under the Act, some, such as personal
financial information is excepted. Other exceptions under the Act relate to
litigation, competitive bidding, trade secrets, some law enforcement records,
student educational records, and some advice, opinions, and recommendations in
memoranda.
Procedures. First, extend to the person requesting information all reasonable
comfort and facility so that they can exercise their rights fully. Second, do not
ask any questions of the requestor, except as necessary to properly identify the
records requested and to establish the requestor’s identity. If you receive a
request for information and are unsure as to whether it should be disclosed,
contact the TSUS Office of the General Counsel (512-245-2530) for advice.
The Act requires that the university promptly produce records for inspection. If
the information is excepted from disclosure under the Act, the law requires that
the university request a decision on the matter from the Attorney General within
ten business days. Failure to request a decision within the time specified means
that the information is presumed to be available to the public.
Charges. If the requestor wants copies of the records requested, the university
may charge for copies. A link to the schedule of fees is contained in UPPS No.
01.04.30, Release of Information Pursuant to the Texas Public Information Act.