5.08 STUDENT RECORDS

Effective: August 15, 2024

Purpose: This policy ensures compliance with applicable laws while facilitating transparency and accountability in the management of student educational records at the University.

Scope: This policy applies to all Emporia State University students.

Responsible Office: General University; Registrar's Office; Office of General Counsel

Policy Statement: The Registrar maintains undergraduate records including but not limited to: application to the University, ACT and other test scores, high school and college transcripts, degree contracts, course exceptions including waivers and substitutions, and residency applications.

Emporia State University affords students their full rights in conformity with the Family Educational Rights and Privacy Act of 1974 (FERPA), its amendments and implementing regulations. Eligible students  have the right to inspect their educational records, request amendment of their records they believe to be incorrect or misleading, and restrict disclosure of their information in specific situations.

Students may waive their rights to inspect and review confidential statements and confidential letters of recommendation by providing a signed voluntary statement if, in conformity with applicable law:

• the student is notified, upon request, of the names of those providing statements and letters;
• the letters and statements are only released for the original purposes stated; and
• the waiver is not a condition of admission or other benefit.

The University shall obtain the proper written consent of a student before disclosing their educational records, or personally identifiable information contained therein, to a party other than the student or party whom created the record, except as otherwise allowed by law and this policy.

ESU designates the following items as directory information:

• a student’s name;
• a student’s address(es);
• a student’s phone number(s);
• a student’s email address(es);
• a student’s major field(s) of study;
• a student’s classification;
• a student’s enrollment status;
• a student’s dates of attendance and most recent previous educational institution attended;
• a student’s past and present participation in officially recognized activities and sports including the weight and height of members of athletic teams;
• a student’s degree(s) conferred and date(s) conferred; and
• a student’s award(s), honor(s), and scholarship(s) received, and photograph.

Directory information can include a student ID number only when the ID alone cannot be used to gain access to education records. Directory information shall not include a student’s Social Security Number. Directory information may be released without the student’s consent; however, students may request that directory information not be made public. The student’s notice to withhold directory information must be made to the Office of Registration and is good for one academic year.

The University may also release records and information without the written consent of a student to:

• A university official(s) with a legitimate educational interest.;
• To comply with a lawfully issued court order or subpoena or ex-parte order issued pursuant to the Patriot Act, upon prior notice to student when required by applicable law;
• To officials of other schools and post-secondary institutions, where the student is currently enrolled or plans to enroll or transfer if the disclosure is for purposes related to the student’s enrollment or transfer and pursuant to applicable regulatory standard for said release;
• To certain officials of the U.S. Department of Education, the Comptroller General, and state and local educational authorities in connection with an audit or evaluation of or compliance with legal requirements;
• To financial aid personnel in conjunction with an application for financial assistance for the purposes of determining eligibility, amount, or conditions of aid or to enforce terms and conditions of the aid;
• To all appropriate individuals, including parents, whose knowledge of the information is necessary to protect the health or safety of the student or others, if, when taking into account the totality of circumstances pertaining to a threat to the health or safety of the student or others, the University determines there is an articulable and significant threat, and it is determined the information is necessary to protect the health or safety of the student or others;
• To health authorities or local law enforcement the names and current addresses of students who have certain communicable diseases; or to law enforcement for legal compliance related to registration and disclosure requirements for violent crime control laws; or for legal compliance related to disclosure to a victim of an alleged perpetrator of a crime of violence or non-forcible sex offense, as defined in 8 U.S.C. 16, the final results of the disciplinary proceeding conducted by the University against the alleged perpetrator of that crime or offense, regardless of the conclusion;
• To entities conducting studies for, or on behalf of, educational agencies or institutions to develop, validate, or administer predictive tests; student aid programs; improve instruction; or to accrediting entities fulfilling accrediting functions;
• To an outside contractor, consultant, volunteer or other party who is authorized to act for the University, is performing a service the University would otherwise perform itself, is subject to University control with regard to the records, and the outsourcing is subject to the appropriate restrictions on re-disclosure;
• To initiate legal action against a parent or student or to defend the University if a parent or student initiates legal action and the records are relevant to the action, upon written notice of intended release;
• To parents or legal guardians upon written consent of the student.
• To parents of a student who have established that student's status as a dependent according to Internal Revenue Code of 1954, Section 152.
• To parents of a student regarding the student’s violation of any Federal, State or local law or policy of the school, governing the use or possession of alcohol or controlled substance if the school determines the student committed a disciplinary violation and is under the age of twenty-one (21) years old.
• To individuals requesting academic information for deceased students. The Registrar’s Office will evaluate each request for the release of a transcript or other academic records of a deceased student on the individual merits of that request. The University may deny the request in whole or release only part of the academic records that are requested.
• To Veterans Administration officials pursuant to 38 U.S.C. 3690(c).
• To the public concerning sex offenders and other individuals required to register under the community notification programs.
• To representatives of the Department of Homeland Security or Immigration and Customs Enforcement, for purposes of the coordinated interagency partnership regulating the Student and Exchange Visitor Information System (SEVIS).

The University may release records without a student’s consent after removing personally identifiable information and after making a determination that the student’s identity is not identifiable regardless of the number of releases that would be made in whole or part. The University shall inform third party recipients of any legally required restrictions on re- disclosure of student records and information. Third party recipients of personally identifiable information are not permitted to disclose that information to others without the proper written consent of the eligible student or pursuant to applicable law. The information may only be used for the purpose intended. Third parties who receive information may make further disclosures if they are authorized to act on behalf of the University. Information about recipients of further disclosures must be provided to the University, as required by FERPA.

A record of requests for and disclosures of Educational Records will be maintained by the record custodian for as long as the education record in question is maintained by the University. The record shall include, whether requests are granted or not, the name of the requestor; the names of the additional parties the receiving party may disclose the information on behalf of the institution; and their legitimate interests in the information. Records of requests and disclosures will not be maintained for: (1) requests made by the student for themselves; (2) requests for which written consent was received; (3) requests made by school officials with legitimate educational interests; or (4) requests for directory information. Records of disclosures made pursuant to a health or safety emergency will include (1) the articulable and significant threat to the health or safety of a student or others that formed the basis for the disclosure, and (2) the parties to whom disclosure was made.

Students may request amendment of their Educational Record if the student believes the record(s) is inaccurate, misleading, or a violation of their privacy. If the University does not subsequently amend the record, the student will have the opportunity for a hearing. No hearing is available under this policy for challenging the underlying basis for a grade.

If a student believes the University is not complying with FERPA, the student should attempt to resolve the issue with the office involved and/or the Office of the Registrar. Complaints may be filed with the Family Policy Compliance Office of the U.S. Department of Education. Notice of FERPA rights will be published each semester in the course schedule. The Registrar, or designee, is responsible for the development and publication of student records policy and related procedures, forms, training, notices, and supplemental information.

Definitions: All words and phrases shall be interpreted utilizing their plain meanings unless otherwise defined in University or Board of Regents policy or by statute or regulation.

Educational Records – Records which contain information directly related to a student and are maintained by the University or by a person acting on behalf of the University. The following records are not considered educational records:

• Personal notes of faculty and staff;
• Records created after a student is no longer a student and are not directly related to their attendance;
• Employment records not directly related to student status;
• Certain medical and counseling records;
• Records of police and safety office for law enforcement purposes; AND
• Certain financial records

Legitimate Educational Interest - A university official has a legitimate education interest if the official is carrying out their specifically assigned educational or administrative responsibilities.

Student – For purposes of this policy, a student is defined as an individual who is or has been in attendance at an institution and for whom ESU has maintained an educational record.

Procedures: All procedures linked and related to the policies above shall have the full force and effect of policy if said procedures have first been properly approved by the University’s administrator in charge of General University procedures.

[General University procedures - coming soon]

Related Policy Information: Additional information is available from the Office of the Registrar, Emporia State University, 1 Kellogg Circle, Campus Box 4001, Emporia, KS 66801.