• records of instructional, supervisory or administrative personnel kept in the sole possession of the maker, that are used only as a personal memory aid, and that are not accessible or revealed to any other person except a temporary substitute for the maker of the record;
• records separately maintained by a law enforcement unit of an educational institution that were created by the law enforcement unit for the purpose of law enforcement;
• records made in the normal course of business concerning an employee of an educational institution who is also a student, provided that the records relate exclusively to the individual in his or her capacity as an employee and are not available for use for any other purpose.  (Note, however, that records relating to a student who is employed as a result of his or her status as a student are not subject to this exception, but rather are education records as defined by FERPA.);
• records of a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting or assisting in a professional capacity, made, maintained or used only in connection with the provision of treatment to the student, and which are not available to anyone other than persons providing such treatment, except that such records can be personally reviewed by a physician or other appropriate professional of the student’s choice.  (For purposes of this exclusion, “treatment” does not include remedial education or activities that are part of a program of instruction.)

What Are My Rights Under FERPA?

FERPA entitles parents/students access to educational records within a reasonable period of time, but in no case later than 45 days after the request is made. If a record contains information about more than one student, the requesting student is only entitled to the portion of the record relating to him/her.  Students are not entitled under FERPA to the financial records of their parents. 

In addition, FERPA entitles parents/students to:

• challenge the contents of their education records;
• receive annual notification of their rights under FERPA(.pdf);
  • The annual notice for parents and students regarding their FERPA rights can be viewed here(.pdf), in the University Catalog, in the University Schedule of Classes, in numerous University publications, in the University Library, and in person at the Office of Student Affairs, California State University, Stanislaus, One University Circle, Mary Stuart Rogers Building, Suite 340, Turlock, CA 95382, (209) 667-3177.
• file complaints with the Department of Education regarding the failure of the institution to comply with FERPA.

Under What Circumstances Can My Information Be Disclosed Without My Permission?

• to parents of a minor student, if that minor is still claimed by the parents as a dependent for income tax purposes;
• to other officials of the agency who the agency has determined to have legitimate educational interests in the records (in appropriate circumstances, this may include contractors used to perform agency functions);
• to officials of another school where the student seeks or intends to enroll, if the affected student has been notified and provided an opportunity to challenge the content of any records to be released;
• to authorized representatives of the Comptroller General of the United States, the Secretary of the Department of Education or state educational authorities where the information is necessary to audit and evaluate federally supported education programs or to enforce legal requirements that relate to such programs;
• to the Student and Exchange Visitor Information System (SEVIS), the USCIS internet-based system for tracking, monitoring and reporting information to the USCIS about international students;
• in connection with a student's application for, or receipt of, financial aid;
• to organizations conducting studies for educational agencies in connection with predictive tests, student aid programs, or improvements to instruction;
• to accrediting organizations for accrediting functions;
• to appropriate parties if the university determines that knowledge of such information is necessary to protect the health or safety of the student or other persons (Note:  This is a limited exception that generally applies only to a narrowly tailored release of information where the imminent danger to the student, other students, or other members of the campus community is apparent, or where there is an immediate need for the information to avert or diffuse serious threats to the safety or health of a student or other individuals);
• to comply with a judicial order or subpoena so long as a reasonable effort is made to notify the student in advance of compliance unless the disclosure is in response to:
  •  A Federal grand jury 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; or
  • Any other subpoena issued for a law enforcement purpose and the court or other issuing agency has ordered that the existence or the contents of the subpoena or the information furnished in response to the subpoena not be disclosed;
• to comply with a court order to produce education records sought by the U.S. Attorney General (or designated federal officer or employee in a position not lower than Assistant Attorney General) based on “specific and articulable facts giving reason to believe that the education records are likely to contain information” relevant to the investigation or prosecution of terrorist acts;
• to counsel or the court when the student whose records are being disclosed has sued the University, provided such a disclosure is relevant for the University to defend itself in the lawsuit;
• to the victim only, the final results of a disciplinary hearing conducted by the institution against the alleged perpetrator of a “crime of violence” or of a “non-forcible sex offense,” whether or not the charges are sustained;
• the final results of a student disciplinary hearing that upholds a charge of a “crime of violence” or a “non-forcible sex offense”;
• to parents of a student under the age of 21 regarding a violation by their child of laws or University policy relating to alcohol use or drug use or possession.
• Additionally, nothing in FERPA prohibits a campus official from disclosing to Federal, State, or local law enforcement authorities information that is based on that official’s personal knowledge or observation and not derived from an education record.  A campus official may, based on his or her own observations, notify law enforcement officials of suspicious activity or behavior.

• to the individual to whom the information pertains;
• where the individual to whom the information pertains has given voluntary written consent to disclose the information to an identified third party no more than 30 days before the third party requested it, or within the time limit agreed to by the individual in the written consent;
• to an appointed guardian or conservator or a person representing the individual provided it can be proven with reasonable certainty through CSU forms, documents or correspondence that the person is the authorized representative of the individual to whom the information pertains;
• to persons within the agency who need the information to perform their functions;
• to another governmental agency when required by law;
• in response to a request for records under the California Public Records Act (unless the Public Records Act provides an exception);
• where there is advance written assurance that the information is to be used for purposes of statistical research only and where the information will only be redisclosed in a form that does not identify any individual;
• where the agency has determined that compelling circumstances exist which affect the health or safety of the individual to whom the information pertains, and notification is transmitted to the individual at his or her last known address, and disclosure does not conflict with other state or federal laws;
• pursuant to a subpoena, court order, or other compulsory legal process if, before disclosure, the agency notifies the individual to whom the record pertains, and if the notification is not prohibited by law;
• pursuant to a search warrant;
• to a law enforcement or regulatory agency when required for an investigation of unlawful activity of for licensing, certification, or regulatory purposes, unless the disclosure is otherwise prohibited by law.

What Are My Rights As A Student Under The Act?

Individuals have the right to inquire and be notified about whatever personal information a state agency maintains concerning them.  An opportunity to inspect any such personal information must be afforded within 30 days of any request.  If the record containing the personal information also contains personal information about another individual, that information must be deleted from the record before it is disclosed.  Individuals may request copies of records containing any personal information about them, and those copies must be provided within 15 days of the inspection.  The agency may charge up to 10 cents per page for making any copies.  Individuals may request an agency to amend personal information concerning them and, if the request is denied, the individual may request a review of that decision by the head of the agency or his/her designee.

Use of Social Security Numbers

Effective July 1, 2005, CSU Stanislaus must comply with Civil Code section 1798.85, which restricts the use of Social Security Numbers.  Under the new law, it is unlawful to do any of the following:

1. Intentionally communicate or otherwise make an individual’s Social Security Number available to the general public;
2. Print an individual’s Social Security Number on any card required for the individual to access products or services, such as a library card or university identification card;
3. Require an individual to transmit his or her Social Security Number over the Internet, unless the connection is secure or the Social Security Number is encrypted;
4. Require an individual to use his or her Social Security Number to access an Internet Web site, unless a password or unique personal identification number or other authentication device is also required to access the Internet Web site; or
5. Print an individual’s Social Security Number on any materials that are mailed to the individual, unless state or federal law requires the Social Security Number to be on the document to be mailed.  But Social Security Numbers may be included in applications and forms sent by mail, including documents sent as part of an application or enrollment process, or to establish, amend or terminate an account, or to confirm the accuracy of the Social Security Number.  Even if it is permissible to mail a Social Security Number, however, the number may never be printed, in whole or in part, on a postcard or other mailer that does not require an envelope, or which is visible on the envelope or without the envelope having been opened.