Public Information Policy and Family Educational Rights and Privacy Act

Public Information Policies — Texas Privacy and Family Educational Rights and Privacy Acts

State law, with few exceptions, gives you the right to be informed about the information UNT collects about you. It also gives you the right to receive and review this information and the opportunity to have UNT change any incorrect information. UNT’s Family Educational Rights and Privacy Act and privacy policies are available at www.unt.edu/untpolicy.

Pursuant to Chapter 552, Texas Government Code, known as the Public Information Act, and the Family Educational Rights and Privacy Act (FERPA) of 1974 as amended, also known as the Buckley Amendment, the university has established policies relating to the accessibility of student information in the custody of the University of North Texas. The UNT FERPA policy statement appears in its entirety in the UNT Policy Manual, policy number 18.1.9. Information not covered by the FERPA will be released only in accordance with the policy on public information found in policy number 10.6 of the UNT Policy Manual. Requests for such information must be made in writing.

The FERPA affords students certain rights with respect to their education records. They are:

1. The right to inspect and review the student’s education records within 45 days of the day the university receives a written request for access.

Students should submit written requests that identify the record(s) they wish to inspect to the registrar, dean, head of the academic department or other appropriate official. The university official will make arrangements for access and notify the student of the time and place where the records may be inspected. If the records are not maintained by the university official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.

2. The right to request the amendment of personal education records the student believes are inaccurate or misleading.

A student may ask the university to amend a record that he or she believes is inaccurate or misleading. The student should write to the Office of the General Counsel, clearly identify the part of the record he or she wants changed, and specify why it is inaccurate or misleading. Students may request a hearing to review a denial of a request to amend educational records. Additional information regarding the hearing procedures will be provided to the student when notified of the decision.

3. Generally, the FERPA requires written consent before personally identifiable information contained in a student’s education records may be disclosed. However, the FERPA authorizes disclosure of this information without the student’s consent under certain circumstances. One such exception is directory information.

Directory information consists of a student’s full name, address, university provided e-mail address, telephone number, date and place of birth, major field of study, classification, participation in officially recognized activities and sports, weight and height of athletic team members, dates of attendance, degrees, awards received, the last educational agency or institution attended previous to UNT, UNT-assigned e-mail address, and photograph.

Directory information regarding the student will be provided to the public upon request unless he or she files a request in the Registrar’s Office asking to be excluded from the directory or from any other requests for directory information from outside entities. The request should be submitted prior to the 12th class day in the fall and spring terms, the 2nd class day of a three week session, or the 4th class day of a five week summer session. A request to withhold information may be submitted after the stated deadline for a term or session, but information may be released between the deadline and receipt of the request. The file of a student who has asked to be excluded from the directory information will remain flagged until the student requests that the flag be removed.

Individuals may file a complaint with the U.S. Department of Education if they believe the University of North Texas has failed to comply with the requirements of FERPA. The complaint should be sent to:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202

The University of North Texas will disclose information from a student’s education records without the written consent of the student to the following individuals or under the following conditions:

1. School officials who have a legitimate educational interest in the records. A school official is a person employed by the university in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the university has contracted (such as an attorney, auditor, or collection agent); a person serving on the Board of Regents; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibility.

2. Officials of another school, upon request, in which a student seeks or intends to enroll. The university will automatically forward a student’s records to these institutions of higher education upon the institution’s request.

3. Certain officials of the U.S. Department of Education, the U.S. Attorney General, the Comptroller General, and state and local educational authorities, in connection with an audit, or certain state or federally supported education programs.

4. In connection with a student’s request for or receipt of financial aid, as necessary to determine the eligibility, amount or conditions of the financial aid, or to enforce the terms and conditions of the aid.

5. If required by state law requiring disclosure that was adopted before Nov. 19, 1974, or disclosure concerns the juvenile justice system’s ability to effectively serve the student.

6. Organizations conducting certain studies for or on behalf of the university.

7. Accrediting organizations to carry out their functions.

8. Parents of an eligible student who claim the student as a dependent for income tax purposes.

9. Comply with a judicial order or a lawfully issued subpoena.

10. Appropriate parties in a health or safety emergency.

11. Information designated as directory information by the university unless the student has requested such directory information be withheld.

12. The parent of a student who is not an eligible student or to that student.

13. An alleged victim of any crime of violence or non-forcible sex offense; the disclosure may only include the final results of any institutional disciplinary proceeding with respect to that alleged crime or offense, regardless whether the university concluded a violation was committed.

14. The general public if the institution determines as a result of a disciplinary hearing that the student committed a crime of violence or non-forcible sex offense in violation of university rules or policy or state or federal law, as authorized by state law.

15. A parent of a student under the age of 21 regarding a university determination that the student violated federal, state or local law or university policy governing the use or possession of alcohol or a controlled substance.

For information regarding the university’s policy on access to records and to request accessibility to university records, contact the Office of the General Counsel.

Updated 9/14/2006