Student Records

Policy 2.5

Related Policies

I. Reason for Policy

The purpose of this policy is to implement the requirements of the Family Educational Rights & Privacy Act (FERPA) and set forth the University’s authority to release certain education records and personally identifiable information about students to the public and students’ rights with respect to their education record.

II. Definitions

1. Directory Information. Information contained in an education record of a student that would not generally be considered harmful or an invasion of privacy if disclosed (Subpart A § 99.3). Directory information includes, but is not limited to, the following:
   1. Publicly Available Directory Information: Student’s name, class level (undergraduate or graduate), degrees received, major and minor programs of study, hometown, full-time/part-time status, honors and awards, participation in activities/sports, weight/height of members of athletics teams, graduation date, and dates of attendance.
   2. Non-Public Directory Information: Student’s address, telephone listing, email, and photographic material (not including student ID photos).
2. Education Record. Records directly related to a student and maintained by the University or by a party acting for the University (Subpart A § 99.3).
3. FERPA. The Family Educational Rights and Privacy Act (FERPA) is a federal law that affords parents the right to have access to their children’s education records, the right to seek to have the records amended, and the right to have some control over the disclosure of personally identifiable information from the education records. When a student turns 18 years old, or enters a postsecondary institution at any age, the rights under FERPA transfer from the parents to the student (“eligible student”). The FERPA statute is found at 20 U.S.C. § 1232g and the FERPA regulations are found at 34 CFR Part 99.
4. Legitimate Educational Interest.
   1. A need to access student education records or PII contained therein for the purpose of performing an appropriate educational, research, or administrative function for the University. A school official is determined to have legitimate educational interest if the information requested is necessary for that official to do any of the following as a part of the school official’s job function and scope:
      1. Perform appropriate tasks that are relevant and necessary to the accomplishment of an employment responsibility of the inquirer;
      2. Perform a task related to a student’s education;
      3. Perform a task related to the discipline of a student; and/or
      4. Provide a service or benefit relating to the student or student’s family, such as health care, counseling, job placement, or financial aid.
   2. Access to information under this definition does not constitute authorization to share information with a third party without the student’s written permission. Questions regarding “legitimate educational interest” should be referred to the Vice President of Academic Affairs, the Registrar, or the dean of the college in which the student is enrolled. Instances of dispute regarding “legitimate educational interest” will be resolved by the University Registrar.
5. Parent. A student’s birth or adoptive parent, guardian, or an individual acting as a parent in the absence of a parent or guardian.
6. Personally Identifiable Information (PII). Personally identifiable information includes information that can be used to distinguish or trace an individual’s identify or, when combined with other personal or identifying information, is linked or linkable to a specific individual. PII includes, but is not limited to, the specific information outlined in SDBOR 7.7.
7. Student. Any individual who is or has been in attendance at the University and regarding whom the University maintains education records (Subpart A § 99.3) beginning on the first day the student begins attending class at any location or through any distance education offered by the University.
8. Third Party. An individual, agency, institution, or organization other than the student.
9. University Official. Individual employed by the SDBOR or University, including faculty, staff, contractors, consultants, volunteers, or other parties to whom the University has outsourced services or functions (including law enforcement unit and health personnel), or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another University Official in performing their tasks.

III. Statement of Policy

1. FERPA Compliance and Confidentiality. University officials with access to education records and student personally identifiable information (PII) shall follow FERPA regulations, SDBOR policies, and this policy and procedures. All University employees shall maintain the confidentiality of any education records in which they come into contact during the course of employment.
2. Education Records Coordination. Many University offices, including each dean’s office, school/college, Office of the Registrar, department offices, as well as others, maintain education records. The Registrar, or designee, shall be the University official who coordinates inspection, review, and disclosure procedures for education records. University officials shall provide education records information upon request from the Registrar’s Office.
3. Education Records Fees
   
   1. The University may charge a fee for a copy of an education record which is made for the parent or eligible student.
   2. The University shall not charge a fee to search for or to retrieve the education records of a student.
4. Consent to Release Records
   
   1. Education records shall be available to the student who is the subject of the records and said records shall not be released to other persons or organizations without the student's prior written approval. Written consent shall include a record and signature in an electronic form that includes the following Subpart A § 99.30 :
      
      1. Identifies and authenticates a particular person as the source of the electronic consent; and
      2. Indicates such person’s approval of the information contained in the electronic consent.
   2. The Registrar’s Office shall obtain the proper written consent of a student before the release of non-directory information from education records, and the PII contained therein, except as otherwise allowed by law and SDBOR and University policies.
5. Consent to Release Records to Third Party
   
   1. A student’s consent to release information from his/her education record to a third party, when required, must be submitted to the University Registrar via the Student Authorization to Release Education Records Form. Such written consent must include the following: 1) specify the records to be released and 2) identify the party or class of parties to whom disclosure of student records may be made.
   2. When a student authorizes the release of information, as described above, the University shall notify the third party that the person or group is not permitted to disclose the information to others without additional written consent of the student.
   3. Names of any other student(s) involved, including a victim or witness, may not be disclosed without written consent of the other student(s). If that consent is not received, name of other students shall be redacted from any documents that are released.
6. Directory Information
   
   1. Publicly Available Directory Information. Dakota State University and any of its colleges may disclose publicly available directory information without prior written consent, unless notified to the contrary by the student in writing by the 10th day of classes of the first semester during which the student is enrolled.
   2. Nonpublic Directory Information. The University may disclose nonpublic directory information without prior written consent at the discretion of the University for the benefit of the University or the student, unless notified to the contrary by the student in writing by the 10th day of classes of the first semester during which the student is enrolled. The University may not disclose nonpublic directory information to a third party in response to an open records request without the written consent of the student.
   3. Student nondisclosure notifications remain in effect until removed in writing by the student, even if the student has withdrawn or graduated. Nondisclosure notifications do not prevent the University from identifying a student by name or from disclosing an electronic identifier or institutional email address in the classroom.
7. Student Opting Out of Disclosure of Directory Information. A current student may opt out of disclosure of directory information. If a student chooses to opt out of directory information, the Registrar’s Office shall mark the education record confidential until the request is rescinded.
8. Education Records Security. The University shall secure education records while in storage or transmission by using SDBOR security standards and data protection requirements.
9. Record of Requests or Disclosure. The Registrar’s Office shall maintain a record of each request for access to and each disclosure of personally identifiable information (PII) from the education records of each student as long as the records are maintained. For each request or disclosure, the record must include the following pursuant to Subpart A § 99.32:
   1. The parties who have requested or received personally identifiable information from the education records; and
   2. The legitimate interest the parties had in requesting or obtaining the information.
10. Records of Deceased Students.
    1. From the date of death of a student or former student, records previously available only to that student or with the student’s consent may, within the first 25 years following the student’s death, be released to the following:
       1. The personal representative of the student’s estate.
       2. The parents or next of kin of the student; or
       3. Upon the closing of the student’s probate estate or two years after the student’s death, if no probate estate has been opened, the student’s next of kin or the takers of the student’s residuary estate under his or her last will or will equivalent.
    2. Following the 25th anniversary of the student’s death, the records of a student may be released upon good cause shown, in the sole discretion of the school administration.
    3. At the discretion of the administration, the University may release records 75 years following the creation of the record if there exists a reasonable presumption of the death of the student. The administration is required to exercise reasonable caution to avoid releasing records of living persons. The administration will redact Social Security numbers and reserves the right to redact any other information.
    4. Any written statement by the student prior to death or in the student’s last will to the contrary may supersede the above rules.
11. Compliance. Failure of any University employee to comply with the requirements of this policy may subject the employee to disciplinary action up to and including termination.

Exclusions

1. Education records do not include the following (Subpart A § 99.3):
   1. Sole Possession Records. Records that are kept in the sole possession of the maker, are used only as a personal memory aid, and are not accessible or revealed to any other person except a temporary substitute for the maker of the record.
   2. Law Enforcement Records. Records of the law enforcement unit of an educational agency or institution, subject to the provisions of Subpart A § 99.8.
   3. Employment Records. Records relating to an individual who is employed by an educational agency or institution, that:
      1. Are made and maintained in the normal course of business;
      2. Relate exclusively to the individual in that individual's capacity as an employee; and
      3. Are not available for use for any other purpose.
   4. Health or Psychological Records. Records on a student who is 18 years of age or older, or is attending an institution of postsecondary education, that are:
      1. Made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional acting in his or her professional capacity or assisting in a paraprofessional capacity;
      2. Made, maintained, or used only in connection with treatment of the student; and
      3. Disclosed only to individuals providing the treatment. For the purpose of this definition, “treatment” does not include remedial educational activities or activities that are part of the program of instruction at the agency or institution; and
      4. Available for-release to the student makes a request to the appropriate Office.
   5. Alumni Records. Records created or received by the University after an individual is no longer a student in attendance and that are not directly related to the individual's attendance as a student.
   6. Peer Graded Records. Grades on peer-graded papers before they are collected and recorded by a teacher.
2. This policy does not apply to applicant files or to files of accepted applicants who do not matriculate.

Exceptions

Dakota State University will disclose information from a student’s education records only with the written consent of the student, except in the following circumstances:

1. To school officials who have a legitimate educational interest in the records. School officials may not release any information to a third party without the written consent of the student, except for letters of recommendation which are made from the recommender’s personal observation or knowledge and do not include personally identifiable information from a student’s education record. If a student wishes the recommender to include such information (grades, GPA, etc.), the student must provide the school official with a signed release that will be placed in the student file that holds the education record.
2. To officials of another school, upon request, in which a student seeks or intends to enroll. The University will make a reasonable attempt to inform the student prior to the disclosure unless the request was initiated by the student.
3. To certain officials of the U.S. Department of Education, the Comptroller General of the United States, the Attorney General of the United States, and state and local educational authorities, in connection with certain state or federally supported education programs.
4. To persons or organizations providing financial aid to students or determining financial aid decisions, on the condition that the information is necessary to: 1) determine eligibility for the aid; 2) determine the amount of the aid; 3) determine the conditions for the aid; or 4) enforce the terms and conditions of the aid.
5. If required by state law requiring disclosure that was adopted before November 19, 1974.
6. To organizations conducting certain studies for or on behalf of the University or any college of the University to develop, validate, and administer predictive tests, to administer student aid programs, or to improve instruction.
7. To accrediting organizations to carry out their functions.
8. To the parent(s) of an eligible student who claimed the student as a dependent on their most recent income tax return, provided the parent(s) provide adequate documentation of the dependent status, in writing. Disclosure may not be made without such written documentation and completion of the Student Authorization to Release Student Records Form.
9. To comply with a judicial order or a lawfully issued subpoena. The University will make a reasonable attempt to inform the student prior to the disclosure, unless ordered not to do so by the subpoena.
10. To appropriate parties in a health or safety emergency.
11. To a victim of an alleged crime of violence, including a non-forcible sex offense, who requests the final results of any institutional disciplinary proceeding against the alleged perpetrator of the crime with respect to that crime.
12. To 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: 1) the student is under the age of 21 and unemancipated at the time of disclosure; and 2) the institution has determined that the student committed a disciplinary violation with respect to that use or possession.
13. To Veterans Administration officials, U.S. Citizenship and Immigration Services, the Federal Bureau of Investigation, military recruiters, or the Internal Revenue Service, under certain state or federal laws.
14. To the parent or guardian, an appointee of the parent or guardian, the next of kin, or a personal representative of the student’s estate of a student who is officially declared a missing person by state or federal authorities. This exception applies only if the person is thought by the administration to be reasonably conducting business on behalf of the student. The University reserves the right to limit or deny access.

IV. Procedures (Major)

1. Correction of Education Records. Students have the right to request corrections be made to records that they believe are inaccurate, misleading, or in violation of their privacy rights. (Note: The right to request the correction of a student’s education record does not include the right to contest a grade received in a course. Grade grievances are addressed by SDBOR Student Appeals for Academic Affairs 2.9.1. The procedure for correction of records is as follows:
   
   1. A student must complete the Student Request to Correct Education Records. This request shall go to the University Registrar. The request must identify the part of the record s/he requests changed and specify why s/he believes it is inaccurate, misleading, or in violation of his/her privacy or other rights.
   2. Acting on behalf of the University, the University Registrar may comply with or deny the request. If the request is denied, the office making the determination of denial will notify the student of the decision and advise him/her of his/her right to challenge the decision using the process described in the University’s student appeals policy. The student may be assisted in the grievance process by one or more individuals, including an attorney, at the student’s expense. Students who have ceased attendance or graduated retain the right to a hearing.
   3. If the University determines that the challenged information is not inaccurate, misleading, or in violation of the student’s right to privacy, it will notify the student that s/he has a right to place in his/her educational record a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision.
   4. The statement submitted by the student shall be maintained as part of the student’s education record as long as the contested portion is maintained. If the University discloses the contested portion of the record, it must also disclose the student’s statement.
   5. If the University determines that the information is inaccurate, misleading, or in violation of the student’s right of privacy, it shall correct the record and notify the student, in writing, that the record has been corrected.
2. Record of Requests for Disclosure. A record is not required: a) when the information is released to a school official, to the student, or with the consent of the student; b) for the release of directory information, as specified below; or c) when required by law not to record the request or disclosure. The record will indicate the name and address of the party making the request and the legitimate interest the party had in requesting or obtaining the information. Records of disclosure and requests for disclosures are considered part of the student’s educational records; therefore, they must be retained as long as the educational records to which they refer are retained by the University or any of its colleges or agents.
3. Annual Notification. The Registrar’s Office shall annually notify all students of their FERPA rights via all-student email. Notification of FERPA rights will also be available electronically on the Office of the Registrar’s web site.
4. Inspecting Education Records
   1. Students may inspect and review their education records upon completion of the Student Request to Inspect and Review Education Records Form and submission to the Registrar’s Office. The written request must identify as precisely as possible the record or records the student wishes to inspect. Copies of all written requests are to be maintained in the student file in which the requested educational record is maintained. The Registrar’s Office will make the necessary arrangements for access as promptly as possible, but no later than 45 days from the receipt of the request and notify the student of the time and place that the records may be inspected.
   2. When a record contains information about more than one student, the student may inspect and review only the records which relate to him/her, or a record that has been redacted to protect the privacy of other students.
5. Records Access Refusal. The University reserves the right to refuse to permit a student to inspect the following records:
   1. The financial statement of the student’s parents, if applicable.
   2. Letters and statements of recommendation for which the student waived his/her right of access.
   3. Records connected with an application to another unit of the University if that application was denied.
   4. Records listed under the Exclusions section in this policy.
6. Copies of Records Refusal. The University reserves the right to deny copies of education records if it would create an unreasonable burden to the University. In that case the student retains the right to review the records personally or through an agent.
7. Copies of Records Fees. The fee for copies shall be a per page University-determined fee which may be waived by the custodian of the record.
8. Training. The Registrar’s Office provides FERPA training to new employee during onboarding and provides an annual notice to all faculty and staff regarding the University’s obligations under FERPA. The annual notification shall include requirements pursuant to § 99.7.

V. Related Documents, Forms, and Tools

• Withhold Directory Information Form

VI. Policy History

Adopted: 09/12/1988

Revised: 08/31/2011

Revised: 11/17/2025