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Procedures for Requesting to Inspect Education Records

Procedure
Purpose: 

To set forth the procedures for requesting to inspect or amend education records 

Applies to: 

University employees (faculty, staff, student employees) and other covered individuals (e.g., affiliates, vendors, independent contractors, etc.) in their accessing and handling of student records, data or information in any form (paper, digital text, image, audio, video, microfilm, etc.) during the course of conducting University business (administrative, financial, teaching, research or service). This policy shall apply to all campuses and units of the University of Kansas and to all current or former students of the University of Kansas (KU).

Campus: 
Edwards
Lawrence
Leavenworth
Juniper Gardens
Parsons
Pittsburg
Topeka
Yoder
Policy Statement: 

In accordance with the Student Records Policy, any student who wishes to exercise their right to inspect and review their educational records must follow these procedures:

Student Access to Education Records

Any current or former student seeking access to their education records must make a written request to the appropriate custodian as identified in the Student Record Policy Primary Records Custodian list (linked below).  The Primary Custodian, or designee, will gather the records and make them available to the student within a reasonable period of time after the request but no later than 45 days. 

Student's Right to Request Amendment of Information Contained in Education Records

A student may request amendment of the content of an education record on the grounds that the record is inaccurate, misleading, or otherwise in violation of the privacy of the student. If the University does not amend the record as requested, then the student has an opportunity for a hearing. No hearing under this policy shall be granted for challenging the underlying basis for a grade; however, the accuracy of the recording of the grade could be challenged. The following procedure for challenging the content of an education record shall apply:

  1. The student has the right to receive a brief explanation and interpretation of the record in question from the respective record custodian.
  2. The custodian of the challenged education record, after reviewing the record with the student, may settle the dispute informally with the student with regard to the deletion or modification of the education record. The custodian shall make a decision within a reasonable amount of time and shall notify the student of the decision.
  3. In the event the custodian disapproves the student's request to delete or modify the record in question, the student shall be notified by the custodian, in writing, of the decision and of the student's right to a formal hearing upon the request.
  4. If the request is not resolved informally, the student may request a formal hearing by contacting the Office of the Vice Provost for Student Affairs. The request shall contain a concise written statement of the specific facts constituting the student's claim.
  5. The hearing shall be conducted by a University staff member (Hearing Officer) who does not have a direct interest in the outcome of the challenge and who shall be appointed by the Vice Provost for Enrollment Management. The hearing shall be held within a reasonable time of receipt of the student's request and the student shall be notified reasonably in advance by the hearing officer of the date, place and time of the hearing.
  6. At the hearing, the student shall be afforded a full and fair opportunity to present evidence relevant to the student's claim and may, at personal expense, receive assistance or be represented by any individuals. A recording of the hearing will be made, and a copy of the recording will be made if requested and the cost of making the copy will be paid by the requester of the copy. No transcript of the recording will be made.
  7. Based solely on the evidence presented at the hearing and within ten (10) working days of the hearing, the hearing officer shall make a written recommendation to the Vice Provost for Enrollment Management, or designee together with written findings of fact concerning the student's request. Within an additional fourteen (14) working days of receipt of the hearing officer's report, the Vice Provost for Enrollment Management or designee shall notify the student in writing of the decision. The decision must include a summary of the evidence and the reasons for the decision.
     
  8. In the event the decision is adverse to the student's request, the student shall be notified of the opportunity to place with the education record a summary statement commenting upon the information in the records and/or setting forth any reason for disagreeing with the decision. If the questioned document is released to a third person, the student's summary statement shall accompany the release of any such information. The summary information shall be maintained for as long as the contested record is maintained. There is no appeal of the decision within the University.
  9. If a student challenge to the content of a given record is successful, the University shall amend the education record accordingly and so inform the student in writing. Upon the student's specific written request to the Vice Provost for Enrollment Management, the University shall make a reasonable effort to contact student-designated third persons who have received copies of the previous record to inform them of the change that has been made.

For an appeal of a grade, see University Senate Rules and Regulations, 2.3.5 and 6.4.4.

Exclusions or Special Circumstances: 

FERPA, and these procedures, only provide a right to review education records that relate to the requesting student.  Thus, requested education records may be redacted to protect other campus community members’ privacy rights.  Additionally, these procedures do not apply to requests for information other than education records.  

Consequences: 

Failure to follow the procedures may result in delay in or denial of access to requested records. 

Contact: 

Office of the University Registrar 
1502 Building
1502 Iowa Street
Lawrence, KS 66045
registrar@ku.edu
785-864-4423

Approved by: 
Vice Provost for Enrollment Management
Approved on: 
Tuesday, February 27, 2024
Effective on: 
Tuesday, February 27, 2024
Review Cycle: 
Annual (As Needed)
Definitions: 

Custodian of Student Records: Except as otherwise designated in this policy, the head of each academic or administrative unit is responsible for the education records within the unit. A list of custodians of primary records for the Lawrence and Edwards campuses is found in the document “Student Record Policy Records Custodians”. In all cases of subpoenas or court orders, these custodians should consult General Counsel. For all interpretations of this policy and/or if there is a question concerning privacy of the Education Record, these custodians should refer to the University Registrar (Lawrence/Edwards campus)/Registrar (Medical Center).

Education Records: Those records that are directly related to a student and that are maintained by the University or by a party acting for the University. A record means any information recorded in any way, including, but not limited to, handwriting, print, computer media, videotape, audiotape, film, microfilm, microfiche, and email. 

Keywords: 
education records, student records
Change History: 

02/28/2024: New procedure published in the Policy Library.

Information Access & Technology Categories: 
Information Access

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