Except for directory information, TSU must receive written consent from students before
disclosing any personally identifiable information from their educational records
unless such disclosure without consent is authorized by law. Students wishing to
disclose all or portions of their academic record must complete the FERPA Release Authorization form and return it to the university registrar or to the office where the records are housed.
Exceptions
TSU may release personally identifiable information from a student's educational record
without first obtaining the student's written permission when the disclosure is to:
TSU officials who have a legitimate educational interest in the records. A TSU official
is defined as:
- a person TSU employs in an administrative, academic, research, or support staff position,
whether full- or part-time.
- a person appointed by the Board of Regents.
- a person employed by, under contract to, or assigned to TSU to perform a special task
for the benefit of the university, such as an attorney or auditor.
- a person whom the TSU Department of Public Safety employs.
- a person serving on an official disciplinary, grievance, or appeals committee.
TSU personnel have a legitimate educational interest in the record if they are:
- performing a task specified in his or her position description or performing a task
related to his or her contract agreement or appointment.
- performing a task related to a student's education.
- performing a task related to the discipline of or grievance by a student.
- providing a service or benefit relating to the student or student's family, such as
health care, counseling, job placement, or financial aid.
- maintaining the safety and security of the campus and/or investigating violations
of the law that affect the university.
- a contractor, consultant, volunteer, or any entity working for and on behalf of the
university.
Certain officials of the U.S. Department of Education, the Comptroller General, the
Attorney General, and state and local educational authorities, in connection with
the audit or evaluation of certain state or federally supported educational programs.
- State and local officials to whom disclosure is specifically required by state statute
adopted before November 19, 1974.
- Veterans Administration Officials.
- Officials of other institutions in which a student seeks or intends to enroll.
- Persons (other than parents) or organizations providing financial aid to students
or determining financial aid decisions on the condition that the information is necessary
to (a) determine eligibility for the aid, (b) determine the amount of the aid, (c)
determine the conditions for the aid, or (d) enforce the terms and conditions of the
aid.
- Organizations conducting studies for, or on behalf of, educational agencies or institutions
to develop, validate, and administer predictive tests, to administer student aid programs,
or to improve instruction.
- Accrediting organizations carrying out their accrediting functions.
- Parents of a student who is claimed as a dependent on a parent's most recent Federal
tax statement.
- Persons in compliance with a judicial order or a lawfully issued subpoena, provided
that TSU reasonably attempts to notify the student in advance of the compliance.
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Will students always be notified?
TSU is not required to, and should not, notify the student if a federal grand jury
subpoena, or any other subpoena issued for a law enforcement purpose, orders TSU not
to disclose the existence or contents of the subpoena.
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Who receives subpoenas for disclosure of a student’s PII?
Any subpoena or judicial order should be forwarded to the Office of General Counsel
for processing and notification to the student regarding the affected education record.
Once the records are collected, they should be forwarded to the Office of General
Counsel for review and release.
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May TSU comply with a subpoena or court order for education records without a student's
consent?
Yes. FERPA permits disclosure of education records without consent in compliance with
a lawfully issued subpoena or judicial order. See § 99.31(a)(9)(i) and (ii). Importantly,
the exception requires that the institution make a “reasonable effort to notify” the
student of the order or subpoena before complying with the subpoena or lawfully issued
judicial order. 34 CFR section 99.31(a)(9)(ii).
The purpose of the notification is to provide a student with the opportunity to protect
against the disclosure by “quashing” the subpoena. FERPA does not require TSU to obtain
consent or even an acknowledgment from the student in response to the reasonable effort
to notify. FERPA only requires that notice be given.
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What constitutes a reasonable effort to notify?
TSU will send a letter to the affected student that identifies that their education
record (or part thereof) is being sought through a subpoena or court order. TSU will
provide the information necessary for the student to seek protection against disclosure.
The student will be granted ten business days to block the disclosure and will be
notified that TSU intends to comply with the disclosure once the reasonable time period
has passed. The letter will also request a copy of any such filed motion (to ensure
that the institution will not inadvertently disclose the records while the court’s
decision is pending).
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Exceptions to the notification requirement
The advance notification requirement is not required when the disclosure complies
with a federal grand jury subpoena or a law enforcement 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. 34 CFR 99.31(9)(ii)
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Recordkeeping
FERPA regulations generally require that an institution maintain a record of all requests
for access to and disclosures from education records. 34 CFR 99.32. However, such recordation is not required when the disclosure was made in compliance
with a judicial order or subpoena as long as TSU successfully notified the student
of the order or subpoena in advance of compliance. As such, notification letters to
students should be maintained by the Office of General Counsel.
- TSU is not required to obtain a subpoena to produce educational records of a student
if it is sued by the student or takes legal action against a student. The records
produced must be needed by the university to proceed with legal action as plaintiff
or to defend itself.
- The Attorney General of the United States or his designee in response to an ex parte
order in connection with the investigation or prosecution of terrorism crimes.
- Persons in an emergency, if the knowledge of the information is, in fact, necessary
to protect the health or safety of students or other persons.
- A victim of an alleged perpetrator of a crime of violence or a non forcible sex offense.
The disclosure may only include the final results of the disciplinary proceeding conducted by TSU with respect
to that alleged crime or offense. The university may disclose the final results of
the disciplinary proceeding, regardless of whether or not the university concluded
a violation was committed.
- If TSU discloses the final results of the disciplinary proceeding where it has determined that (a) the student is an alleged perpetrator of a crime of violence
or non forcible sex offense, and (b) with respect to the allegation made against him
or her, the student has committed a violation of TSU rules or policies, the final
results must include only: (a) the name of the student, (b) the violation committed, and (c) any sanction imposed
by TSU against the student.
- Parents regarding the student's violation of any federal, state, or local law, or
of any institutional policy or rule, governing the use of alcohol or a controlled
substance if: (a) TSU has determined that the student has committed a disciplinary
violation with respect to that use or possession, and (b) the student is under the
age of 21 at the time of the disclosure to the parent. This item does not supersede
any state law prohibiting TSU from disclosing this information.
2012 Amendment to FERPA Regulation
As of January 3, 2012, the U.S. Department of Education's FERPA regulations expand
the circumstances under which your education records and personally identifiable information
(PII) contained in such records — including your Social Security Number, grades, or
other private information — may be accessed without your consent. First, the U.S.
Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or
state and local education authorities ("Federal and State Authorities") may allow
access to your records and PII without your consent to any third party designated
by a Federal or State Authority to evaluate a federal- or state-supported education
program. The evaluation may relate to any program that is "principally engaged in
the provision of education," such as early childhood education and job training, as
well as any program that is administered by an education agency or institution. Second,
Federal and State Authorities may allow access to your education records and PII without
your consent to researchers performing certain types of studies, in certain cases,
even when we object to or do not request such research. Federal and State Authorities
must obtain certain use-restriction and data security promises from the entities that
they authorize to receive your PII, but the Authorities need not maintain direct control
over such entities. In addition, in connection with Statewide Longitudinal Data Systems,
State Authorities may collect, compile, permanently retain, and share without your
consent PII from your education records, and they may track your participation in
education and other programs by linking such PII to other personal information about
you that they obtain from other Federal or State data sources, including workforce
development, unemployment insurance, child welfare, juvenile justice, military service,
and migrant student records systems.
