FERPA Act

Students have certain rights concerning their “education records” under the Family Educational Rights and Privacy Act (FERPA), as amended, 20 U.S.C. §1232g, et seq. These include:

1. The right to inspect and review the student’s education records within 45 days of the day Utah Tech University (UT) receives the request for access.All enrolled and former students may access their education records maintained by Utah Tech. Written requests identifying the record(s) to be inspected should be submitted to the Registrar’s Office, or, in the case of graduate students, to the Graduate School. The Utah Tech 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 Utah Tech official to whom the request was submitted, that official will advise the student of the correct official to whom the request should be addressed. A student may receive one copy of each item of information contained in the education record at a cost of $25.
2. The right to request an amendment of the student’s education records that the student believes are inaccurate or misleading.
   Students may ask Utah Tech to amend a record that they believe is inaccurate or misleading as recorded or reported in that record. They should write the Utah Tech official responsible for the record, clearly identify the part of the record they want changed, and specify why it is inaccurate or misleading.
   If Utah Tech decides not to amend the record as requested by the student, Utah Tech will notify the student of the decision and advise the student of their right to a hearing regarding the request for amendment. Additional information regarding the hearing procedures will be provided to the student when notified of the right to a hearing.
3. The right to limit the disclosure of personally identifiable information (defined below) contained in the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
   Individuals and agencies having access to a student’s records without the student’s consent include:
   • those requesting directory information, as the school has designated “directory information” under §99.37, who have a legitimate purpose for the information. (§99.31(a)(11))
   • school officials within Utah Tech whom the school has determined to have legitimate educational interests. This includes teachers, contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) – (a)(1)(i)(B)(2) are met. (§99.31(a)(1))
   • those who require the information in connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. (§99.31(a)(4))
   • officials of another school where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the requirements of §99.34. (§99.31(a)(2))
   • organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§99.31(a)(6))
   • authorized representatives of the U.S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State post-secondary authority that is responsible for supervising the University’s State-supported education programs. Disclosures under this provision may be made, subject to the requirements of §99.35, in connection with an audit or evaluation of Federal- or State-supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. (§§99.31(a)(3) and 99.35))
   • a judicial order or lawfully issued subpoena. (§99.31(a)(9))
   • accrediting organizations to carry out their accrediting functions. ((§99.31(a)(7))
   • parents of an eligible student if the student is a dependent for IRS tax purposes. (§99.31(a)(8))
   • appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(a)(10))
   • a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of §99.39. The disclosure may only include the results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (§99.31(a)(13))
   • the general public, the final results of a disciplinary proceeding, subject to the requirements of §99.39, if the school determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the school’s rules or policies with respect to the allegation made against him or her. (§99.31(a)(14))
   • parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a)(15))
4. Furthermore, Utah Tech discloses students’ education records without consent, upon request, to officials of other schools in which a student seeks to or intends to enroll.
   Students can authorize the release of their private information with the Consent to Release Information form through the Office of the Registrar. An exception to the requirement for prior authorization for release of records exists for public release of “directory information” which is published in university directories and may be released to third parties. FERPA allows a student to limit the release of directory information; see the Office of the Registrar for procedures to apply restrictions on directory information. Utah Tech defines “directory information” as the following:
   • Student’s full name
   • Student’s Digital ID number
   • Local and permanent address(es)
   • Email address
   • Telephone number(s)
   • Date of birth
   • Residency status
   • Enrollment status (full/part-time)
   • Major field of study
   • Dates of attendance
   • Degrees and awards received
   • Previous school(s) attended
   • Academic level (freshman, sophomore, junior, senior, graduate)
   • Photographs and videos taken or maintained by the university
   • Participation in officially recognized activities and sports
   • Height and weight of athletic team members
5. The right to file a complaint with the U.S. Department of Education concerning alleged failures by Utah Tech to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:
   Family Policy Compliance Office
   U.S. Department of Education
   400 Maryland Avenue, SW
   Washington, DC 20202-5901
   Phone: 202.260.3887
   Email: ferpa@ed.gov
   Website: https://ed.gov/policy/gen/guid/fpco/ferpa

Personally Identifiable (Private) Information

Utah Tech defines Personally Identifiable (Private Information) as information, excluding Directory information, that if disclosed alone or in combination with other available information, would make it possible to identify an individual to whom the information pertains. This includes items such as a social security number; a password; a pass code; an official state or government-issued driver’s license or identification card number; a government passport number; bio-metric data, such as defined in C.R.S. § 24-73-103(1)(a); an employer, student, or military identification number; a financial transaction device as defined in C.R.S. § 18-5-701(3); grades, financial/account information; class and work schedules; residency status; class rank; age; birth date and place of birth. None of these items may be released without the student’s permission, except as otherwise allowed by FERPA.

Deceased Student Information Disclosure

Due to the sensitivity and privacy issues involved in student deaths, a Confidential Information alert will be placed on the deceased student’s accounts and records to block public access to all personal and academic information once verification of the death is confirmed.
Further information about Utah Tech’s FERPA policy and related guidance and resources are available from the Office of the Registrar.