Final Answer:
No, XYZ University is not required to send Gabriel an annual notice of his rights under FERPA because he is no longer a student.
Step-by-step explanation:
FERPA, the Family Educational Rights and Privacy Act, protects the privacy of student education records. Once a student has graduated or is no longer in attendance, the educational institution is generally not obligated to provide annual notices of FERPA rights to that individual. FERPA rights pertain to current students and their educational records during their enrollment.
The obligation to provide annual notices arises from the active status of the student, ensuring that individuals are informed about their rights under FERPA while they are currently engaged with the educational institution. In the case of Gabriel, since he graduated two years ago and is no longer a student at XYZ University, the institution is not required to continue sending him annual FERPA notices. However, it's important to note that the university must have informed students about their FERPA rights during their enrollment, and Gabriel's FERPA rights remain preserved even after graduation.
In conclusion, the determination of whether to send annual notices is based on the current status of the individual as an active student. Once a student graduates or leaves the institution, the requirement to send annual FERPA notices no longer applies. The explanation aligns with the regulatory framework of FERPA, ensuring clarity on the obligations of educational institutions in maintaining the privacy of student records.