2.1.1 Student Records

I. Definition of Terms

For the purpose of implementing this policy, the following definitions shall apply:

1. Act or "FERPA" - shall mean and refer to the "Family Educational Rights and Privacy Act of 1974" set forth in 20 U.S.C. 1232g, and the implementing regulations in 34 C.F.R Part 99.
2. School or University - shall mean Illinois State University or other post-secondary institution as the context may require but shall not include the Laboratory Schools.
3. Students - shall mean any person previously or currently enrolled or registered for credit or noncredit coursework within the University regarding whom the University maintains education records or personally identifiable information.
4. Education Records - shall mean those materials collected, maintained, and used by the University or its agents that: are directly related to the student and maintained by the University. The term does not include: 
   1. The personal and private notes of a University employee or agent used as memory aids, provided they are not revealed to any third party, other than in the case of a person assigned another's duties for a temporary period.
   2. The law enforcement records of Illinois State University Police or another law enforcement unit associated with the University where the records are created for a law enforcement purpose and maintained by a law enforcement unit.
   3. Records of a person employed by the University (who is not in attendance at such institution) that are made and maintained in the normal course of business which relate exclusively to that person in their capacity as an employee and are not available for use for any other purposes.
   4. Records that are created or maintained by a physician, psychiatrist, psychologist, or other recognized professionals or paraprofessionals acting in a professional or paraprofessional capacity or assisting in that capacity, and which are created, maintained, or used only in connection with the provision of treatment to the student, and are not available to anyone other than persons providing such treatment provided, however, that such records can be personally reviewed by a physician or other appropriate professional of the student's choice.
   5. Records created by the University after an individual is no longer a student in attendance that are not directly related to the individual's attendance as a student.
   6. Grades on peer-graded papers before they are collected and recorded by a teacher.
   7. All letters of reference, recommendation or evaluation that may have been received by the University prior to January 1, 1975, under an assurance of confidentiality to the writer are not subject to the provisions of the Act. No student shall be permitted to review or challenge this information, and the information shall not be made available to any person, group or agency within or without the University.
5. Written Consent - shall mean a signed, dated written consent from a student specifying the record or records to be released, the purpose for the release, and the party or class or parties to whom the disclosure may be made. Any such consent shall become a part of the official record of the student.
6. Personally identifiable information, as defined under FERPA, includes but is not limited to: (i) the student's name; (ii) the name of the student's parent or other family members; (iii) the address of the student or student's family; (iv) a personal identifier, such as the student's social security number, student number, or biometric record; (v) other indirect identifiers, such as the student's date of birth, place of birth, and mother's maiden name; (vi) other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or (vii) information requested by a person who the educational agency or institution reasonably believes knows the identity of the student to whom the education record relates.
7. "University Officials" includes, but is not limited to: 
   1. Any person employed by the University in an administrative, supervisory, academic, research, student employee or staff support position;
   2. A person serving on an official committee, including but not limited to a scholarship, disciplinary or grievance committee, or otherwise assisting a University official in performing their tasks;
   3. A person serving on the Board of Trustees;
   4. A person, volunteer or other party to whom the University has a contract or other arrangement to perform institutional services or functions on behalf of the University, provided that such individual is (a) under the direct control of the University with respect to the use and maintenance of education records and (b) is subject to the requirements of FERPA governing the use and redisclosure of personally identifiable information from education records. 

II. General Principles Governing Use of Student Records

The following principles guide University operations in the utilization of education records.

1. Need for Records. Unless a demonstrable need for a record is established which is reasonably and justifiably related to the basic purposes and necessities of the University, no records should be made or maintained.
2. Privacy. In its relations with students, the University will maintain the privacy of educational records as required by applicable University, State and Federal laws and regulations.  Evaluation and interpretation of information about a student shall be done by a qualified staff person. 
3. Inspection, Review, Hearing. In accordance with the FERPA, Illinois State University students have the right to review, inspect, request an amendment, and challenge the accuracy of education records maintained by the institution except under certain circumstances. FERPA requires that the institution must obtain the student's Written Consent in order to disclose personally identifiable information from an education record unless otherwise authorized to disclose such information by law.  Please consult the Registrar's Office for the procedure to review, amend, or challenge the accuracy of student's records. 
4. Disclosure Without Consent. Under FERPA, the University may release personally identifiable information from a student's education record without their consent under certain circumstances, including but not limited to: 
   1. Officials of other schools or school systems in which the student intends to enroll; (Prior to release, the University shall make a reasonable attempt to notify the student of such disclosure (unless disclosure is requested by the student); the student may receive a copy of the record if desired, and have an opportunity for a hearing to challenge the content of the record.)
   2. Authorized representatives of (a) the Comptroller General of the United States; (b) the Secretary of the U. S. Department of Education; (c) state or local educational authorities; or (d) authorized representative of the Attorney General for law enforcement purposes. The collection of personally identifiable information where authorized by federal law shall not include information, including social security numbers, which would permit the personal identification of students after the data has been collected;
   3. Parents of a dependent student as defined in Section 152 of the Internal Revenue Code of 1954. (The student will be notified of any such request by University personnel contacting the student and/or by sending a letter to local and home address.);
   4. Organizations conducting studies for, or on behalf of, educational agencies or institutions for the purpose of developing, validating, or administering predictive tests, administering student aid programs or improving instruction, provided the study is conducted in a manner that does not permit personal identification of parents and students by individuals other than representatives of the organization and that the information is destroyed when no longer needed for the purposes for which the study was conducted and the agency enters into a written agreement that meets the requirements of 34 C.F.R. 99.31(6)(C);
   5. Accrediting organizations to carry out their accrediting functions;
   6. To comply with a judicial order or lawfully issued subpoena; such information is furnished upon judicial order, or pursuant to any lawfully issued subpoena, provided that the University make a reasonable effort to notify the student in advance by the University personally contacting said student or by forwarding such notice through the mail to the last known address of said student. Limited exceptions to advance student notification are permitted by FERPA;
   7. Other school officials, including faculty, within the University who have legitimate educational interests;
   8. A contractor, consultant, volunteer or other party provided that the party (a) performs an institutional service or function; (b) is under the direct control of the institution with respect to the use and maintenance of education records; and (c) is subject to the requirements of 34 C.F.R. 99.33 governing the use and re-disclosure of personally identifiable information from education records;
   9. Disclosure is in connection with financial aid for which the student has applied or which the student has received if the information is necessary for purposes such as (a) determining the student's eligibility for aid, (b) determining the amount of aid, (c) determining the conditions of aid, or (d) enforcing the terms and conditions of the aid.  As used in this paragraph, financial aid means a payment of funds that is conditions on the individual's attendance at the University;
   10. The general public when the information is classified as "directory information." Students have the right to restrict directory information. The categories of directory information and the process for restricting it can be found on the Office of the University Registrar website. If a student does not wish such information released without consent, they should notify the Office of the University Registrar, 107 Moulton Hall, Campus Box 2202;
   11. Disclosure is in connection with a health or safety emergency, as  authorized under FERPA;
   12. Disclosure to an alleged victim of any crime of violence as that term is defined in Section 16 of Title 18, United States Code or a non-forcible sex offense, provided that the disclosure may only include the final results of a disciplinary proceeding related to the alleged crime or offense.
   13. Disclosure, subject to the requirements of 34 C.F.R. 99.36, is in connection with a disciplinary proceeding relating to a crime of violence as that term is defined in Section 16 of Title 18, United States Code or a non-forcible sex offense, provided that the disclosure may only include the final results of a disciplinary proceeding related to the alleged crime or offense and the proceeding determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student violated the institution's rules or policies.  In these circumstances, only the name, Code of Student Conduct Violation, and sanction of a student found may be disclosed; 
   14. Disclosure to a parent of a student regarding the student's violation of any federal, state or local law, or University policy governing the possession or use of alcohol or controlled substance if (a) the institution determines the student 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 disclosure to the parent; and
   15. Disclosure concerning sex offenders and other individuals required to register under the Violent Crime Control and Law Enforcement Act of 1994, 42 U.S.C. 14071, and the information was provided to the institution pursuant to that statute and applicable its guidelines.
5. With respect to the persons, agencies or organizations under an applicable exception desiring access to a student's education records, any such access shall be permitted only upon the completion of written consent kept permanently with the file of the student, for the student’s inspection, indicating specifically the date, the person, agency, or organization, and the legitimate educational or other interest that such person, agency, or organization has in seeking such information.
6. Questions concerning this law and the University’s policy concerning the release of student information and the procedures for contesting the content of cumulative files may be directed to the Office of General Counsel, Hovey Hall 309, Campus Box 1010, Normal, IL 61790-1010 (309) 438-8999.

III. Location of Education Records

The Registrar's Office is the primary custodian of student records on campus.  Education records are maintained by offices throughout the University.  The University also follows Policy 7.1.55 Record Retention and the State Records Act requirements regarding retention and disposal of records.

Questions related to the implementation of FERPA may be directed to the Office of the University Registrar, Moulton Hall 107, Campus Box 2202, Normal, IL 61790-2022.