|Policy Number: ||3354:2-63-01
|Title: ||FERPA Policy for the Confidentiality and Review of Student Records
Date Approved by the Board of Trustees: 4/5/90
Updated & Approved: 03/06/2003, 6/3/2004, 6/2/2005, 6/2/2011, 2/2/2017
The following statement is the college's policy on students' rights to review their educational records and the confidentiality of these records in accordance with the 1974 Family Educational Rights and Privacy Act (FERPA) (20 U.S.C. § 1232g; 34 CFR Part 99). The college will provide notice of this policy to each eligible student at the beginning of each term. The college designates the Director of Admissions/Registrar as the FERPA Coordinator.
- FERPA affords eligible students certain rights with respect to their education records. These rights include:
The right to inspect and review the student's education records within 45 days after the student makes the request for access. The request for access should be made to the college official in charge of the office in which the records are on file. The student may make the request to the FERPA coordinator if the student does not know which college official is in possession of the records. The FERPA coordinator is the Director of Admissions/Registrar.
The right to request the amendment of the student's education records that the student believes is inaccurate, misleading, or otherwise in violation of the student's privacy rights under FERPA.
The right to provide written consent before the college discloses personally identifiable information (PII) from the student's education records, except to the extent that FERPA authorizes disclosure without consent.
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by the [School] 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
- The college may disclose information from a student's records only with the written consent of the student, except:
- To other school officials, including instructors, within the college whom the school has determined to have legitimate educational interests. A school official typically has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for the college. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in [CFR Part 99] § 99.31(a)(1)(i)(B)(1) - (a)(1)(i)(B)(3) are met.
- To 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.
Information the school has designated as "directory information" under § 99.37. The college classifies the following information on individual students as public, directory information and may make it available to the public:
• Home address
• Home telephone number
• Verification of enrollment
• Dates of attendance
• Verification of graduation and date of graduation
• Degree and major earned
• Special awards/honors earned
• High School
• If a member of an athletic team, the student's height, weight, sports team and sports statistics
A student may notify the FERPA coordinator in writing that they do not want the release of directory information without prior consent. The student will "opt-out" of this FERPA exception by submitting the written request and the student's directory information will remain flagged until the student requests that the flag be removed by completing and submitting a revocation of the opt-out.
To 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 postsecondary authority that is responsible for supervising the college'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.
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.
To 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.
To accrediting organizations to carry out their accrediting functions.
To parents of an eligible student if the student is a dependent for IRS tax purposes. Parents will be required to provide documentation of this relationship. Such documentation includes, but is not limited to, a sworn affidavit stating the relevant facts and a copy of tax returns from the year(s) in question. This information should be provided to the FERPA coordinator.
To comply with a judicial order or lawfully issued subpoena.
To appropriate officials in connection with a health or safety emergency, subject to § 99.36.
To 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 final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding.
To 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.
To 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.
- Records of request for access to and disclosures made from education records.
- All requests for disclosures of information contained in a student's education record or for access to the record (made by persons other than college officials or the student) or those requests accompanied by the student's prior written consent will be submitted to the FERPA coordinator. The FERPA coordinator will approve or disapprove all such requests for access and disclosures and, except for requests for directory information, will maintain a record of these actions. This record will be the college's record of request and disclosures from education records as required by the code of federal regulations promulgated under FERPA.
- This record of request for and disclosures made from education records will be available only through the FERPA coordinator or the record custodians, the student or through federal, state or local officials for the purposes of auditing or enforcing the conditions for federally supported educational programs.
- The record will include at a minimum
- The name of the person or agency that made the request;
- The interest the person or agency had in the information;
- The date the person or agency made the request; and
- Whether the request was granted and, if it was, the date access was permitted or the disclosure was made.
- The college shall maintain this record of disclosure as long as it maintains the education record.
- For purposes of this policy, the college uses the following definitions of terms.
- Eligible student. An eligible student under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution at any age.
- Student. An individual who is receiving or who has received instruction in an on or off campus program, including an activity which is evaluated toward a grade. The term does not apply to an individual prior or subsequent to that individual's period of attendance at the college such as a candidate for admission, an alumnus, or a post-graduate intern in another institution.
- Education records. Any record (in handwriting, print, tape, film or maintained on any other medium) maintained by the college, an employee of the college, or an agent of the college which is directly related to a student, except:
- A personal record kept by a college staff person or agent which meets the following test:
- It was made as a personal memory aid.
- It is in the sole possession of the person who made it.
- The information contained in it has never been revealed or made available to any other person.
- An employment record used only in relation to an individual's employment by the college. However, the records related to a student's employment are education records when:
- The position in which the student is employed depends upon his or her status as a student.
- The student receives a grade or credit based upon his or her performance as an employee.
- Records connected with an individual's application for admission to the college prior to his or her actual attendance as an enrolled student.
- Records which relate to an individual as an alumnus after the individual no longer attends or participates in an education activity for which the college awards a grade or credit.
- Records maintained by the college police department used only for law enforcement purposes which shall only be disclosed as required by law. No college official or employee, other than persons involved with the college police department, shall have access to those law enforcement records.
- Records maintained by the college health services department used only for the provision of medical or psychiatric treatment. In order to maintain these records separate from education records, the college will enforce the following conditions:
- No person other than the physicians, psychiatrists, psychologists or other recognized medical professionals providing treatment will have access to information contained in the medical records system. However, such records may be disclosed to other persons to meet a health and safety emergency as described in FERPA.
- Personal identifier. Any data or information that relates a record to an individual. This includes the individual's name, the name of the individual's parents or other family members, the individual's address, the individual's social security number, any other number or symbol which identifies the individual, a list of the individual's personal characteristics, or any other information which would make the individual's identity known and can be used to label a record as the individual's.