Students granted academic, privacy rights

By Brent VonCannon
The Collegian

While no formal “Student Bill of Rights” are posted around campus, this does not mean no such rights exist. Several organizations and laws have been set up under the U.S. Department of Education for the purpose of guaranteeing student rights and access.

The main law affecting college students is the Family Educational Rights & Privacy Act (FERPA).
“There are two main parts to FERPA,” said Robert Hernandez, Executive Director of Judicial Affairs on campus. “One is students’ access and rights to their own records. The other is control over release of those records.”

Hernandez said students essentially control their education records, which are defined under FERPA as records directly related to a student and kept by an educational institution. These include transcripts, financial aid, admissions and all other academic areas. But campus-related medical records and police records are not included and are not awarded the same protection, Hernandez said, although students can often meet with the authorities involved to go over those records.

For example, FERPA guidelines state that higher education institutions must provide students with access to their education records and the right to petition to change the records for alleged inaccuracies.

“The department chair can look into amending, say, a statement on your record from a professor,” Hernandez said. “The student can rebut the department’s claim, and the rebuttal then becomes part of the file.” If the student’s rebuttal is successful, the record in question is then amended.

Another requirement under FERPA is that attending students must receive annual notification of their rights and how the university administers them. However, notification doesn’t have to be made individually to students under the law. It can also be posted in a public forum.

Erika Almaraz, a junior liberal studies major, said more can be done to inform students of their rights. “I know I have the right to privacy, but I don’t know all the rights,” Almaraz said. “Maybe if you look for them.”

Jim Ranells, a junior photojournalism major, agrees. “The information isn’t really out there,” Ranells said. Both Ranells and Almaraz rated Fresno State’s awareness efforts of students’ rights as mediocre.

Hernandez said student rights and responsibilities are listed in the “University Policies and Regulations” section at the back of the student catalog, and can also be found in the Schedule of Courses book as well as on the Fresno State Web site under Student Affairs. But he also agreed they are located in areas not often looked up by students.

Disclosure of students’ records is the other main area protected under FERPA. Hernandez said once a student is enrolled in college, access and control of who sees the records is transferred to the student, regardless of age. Prior to that, records of minor students are primarily controlled by parents.

“If a third party wants a list of all journalism majors, we can’t give it without your [the student’s] permission,” Hernandez said. “If your parents want to check up on your GPA, we can’t do that either without consent.” Hernandez noted there are a few exceptions, such as part of a dependent student’s records being released for tax purposes.

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