FERPA - Family Educational Rights and Privacy Act

 

RELEASE OF STUDENT INFORMATION POLICY
In compliance with Section 438 of the "General Education Provisions Act" (as amended) entitled "Family Educational Rights and Privacy Act of 1974" (FERPA) the following constitutes the institution's policy on providing appropriate access to personal records, while protecting their confidentiality.

Barton Community College accords all the rights under the law to students. Those rights are: 1) the right to inspect and review the student's education records; 2) the right to request the amendment of the student's education records to ensure that they are not inaccurate, misleading, or otherwise in violation of the student's privacy or other rights; 3) the right to consent to disclosures of personally identifiable information contained in the student's education records, except to the extent that FERPA authorizes disclosure without consent; 4) the right to file with the U.S. Department of Education a complaint concerning alleged failures by Barton Community College to comply with the requirements of FERPA; and 5) the right to obtain a copy of Barton Community College's student records policy.

Students will be notified of their FERPA rights by publication in the Student Handbook and consumer information with the Financial Aid Office.

 

DEFINITIONS
For the purposes of this policy, Barton Community College uses the following definitions:

Student - any person who attends or has attended Barton

Education records - any record (in handwriting, print, tapes, film, or other medium) maintained by Barton Community College or an agent of the College which is directly related to the student except:

1. Files retained by individuals which are not accessible to any other person except a substitute faculty/staff member.

2. An employment record of an individual whose employment is not contingent upon on the fact that he/she is a student, provided the record is used only in relation to the individual's employment.

3. Records maintained by the Student Health Service if the records are used only for treatment of a student and made available only to those persons providing the treatment.

4. Alumni records which contain information about a student after he/she is no longer in attendance at Barton Community College and which do not relate to the person as a student.

 

PROCEDURE TO INSPECT EDUCATION RECORDS
Students may inspect and review their education records upon request to the appropriate record custodian. Students should submit to the record custodian or an appropriate College staff person a written request which identities as precisely as possible the record or records he or she wishes to inspect.

The College Registrar or an appropriate College staff person will make the needed arrangements for access as promptly as possible and notify the student of the time and place where the records may be inspected. Access must be given in 30 days or less from the receipt of the request.

When a record contains information about more than one student, the student may inspect and review only the records which relate to him/her.

The student may request and receive interpretation of his/her record from the person (or designee) responsible for the maintenance of the record.

The student may obtain copies of his/her educational records upon written request, for which the College may charge the current copying charge per page. This does not entitle a student to an official transcript, for which there is a higher charge and which will be withheld if the person owes the College money or property.

 

RIGHT OF COLLEGE TO REFUSE ACCESS
Barton Community College reserves the right to refuse to permit a student to inspect the following records:

1. The financial statement of the student's parents

2. Letters and statements of recommendation for which the student has waived his or her right of access, or which were placed in file before January 1, 1975. Waivers are subject to the following conditions:

a. Waivers can be signed only for the specific purposes of application for admission, candidacy for honor or honorary recognition (including financial aid based in part on merit), and candidacy for employment.
b. Waivers cannot be required.
c. The student shall be told, upon request, the names of those supplying references.

3. Those records which are excluded from the FERPA definition of education records.

 

DISCLOSURE OF EDUCATION RECORDS
Barton Community College will disclose information from a student's education records only with the written consent of the student, except:

1. To school officials who have a legitimate educational interest in the records. These members include personnel in the offices of Admissions, Registrar, Business Office, Computing Center, Financial Aid, Career Services, Community Education , Planning, Testing, Library, Advisement Center, Advancement Office, Athletic Department, College deans, and other administrative and academic personnel within the limitation of their need-to-know. Legitimate educational interests means a) the information or records requested is (are) relevant and necessary to accomplishment of some task or determination; and b) the task or determination is an employment responsibility for the inquirer or is a properly assigned subject matter for the inquirer's employment responsibility.

2.To certain officials of the U.S. Department of Education, the Comptroller General, and state and local educational authorities, in connection with certain state or federally supported education programs.

3. In connection with a student's request for or receipt of financial aid, as necessary to determine the eligibility, amount or conditions of the financial aid, or to enforce the terms and conditions of the aid.

4. If required by a state law requiring disclosure that was adopted before November 19, 1974.

5. To organizations conducting certain studies for or on behalf of the College.

6. To accrediting organizations to carry out their functions.

7. To parents of an eligible student who claim the student as a dependent for income tax purposes. Access to grades by parents will be allowed if the parents:

a. complete a written request to the College Registrar;
b. enclose a copy of the first page of their last tax year's federal income tax return.
The same documents must be submitted each time a grade report is desired.

8. To comply with a judicial order or a lawfully issued subpoena.

9. To appropriate parties in a health or safety emergency defined by the following considerations:

a. The seriousness of the threat to health or safety.
b. The need for access to the record in meeting the emergency.
c. Whether the person requesting the records is in a position to deal with the emergency.
d. The extent to which time is of the essence in dealing with the emergency.

10. To an alleged victim of any crime of violence, of the results of any institutional disciplinary proceeding against the alleged perpetrator of that crime with respect to that crime.

11. Social security number and student status data may be provided to other State of Kansas agencies for use in detection of fraudulent or illegal claims against state monies.

12. At its discretion, the College may provide Directory Information to anyone in accordance with the provisions of the Act.

 

RECORD OF REQUESTS FOR DISCLOSURE
Barton Community College will maintain a record of all requests for and/or disclosure of information from a student's education records. The record will indicate the name of the party making the request, any additional party to whom it my be redisclosed, and the legitimate interest the party had in requesting or obtaining the information. The record is open only to the student and the person in charge of the record.

 

DIRECTORY INFORMATION
Directory Information is limited to: name, address(es), telephone number(s), email address(es), dates of attendance, classification (freshman, sophomore, etc.), enrollment status (full-time, half-time, etc.), class type (day, evening, etc.), previous institution(s) attended, major field(s) of study, awards, honors (includes Dean's Honor Roll), degrees conferred (including dates), past and present participation in officially recognized sports and activities, physical factors (height, weight of athletes).

Students may withhold free disclosure of Directory Information (on all or none basis) to non-institutional persons or organizations. Students have the option to protect their privacy and not have such information as address and telephone number released. A written request to withhold this information should be submitted to the Office of Enrollment Services. Otherwise, the College assumes that you approve of disclosure of that information. Requests will be honored for only one academic year; therefore, requests to withhold Directory Information must be filed annually.

 

CORRECTION OF EDUCATION RECORDS
Students have the right to ask to have records corrected that they believe are misleading, inaccurate, or in violation of their privacy rights. If the student considers the record faulty, he/she can request and receive an informal and/or formal hearing of the case to the end that the record will be corrected if judged faulty or in violation of privacy:

a. The informal hearing will be in conference with the person (or designee) responsible for the maintenance of the record, and where appropriate, the party or parties authorizing the record segment in question.

b. The student may request a formal hearing by submitting a written request to the College Registrar in which he/she must designate the location of the record in question and a brief explanation of the reason for faulting the record. Hearing officer shall be selected by the College Registrar from a pool of persons who are officials of the College. The hearing officer selected should be a disinterested party to the dispute who will conduct an administrative hearing with both parties present.

The hearing shall be held within a reasonable period of time; notice of the date, place, and time must be given reasonably in advance. The student shall be afforded a full and fair opportunity to present relevant evidence and may be assisted or represented by any person of his/her own choosing (including an attorney at his/her own expense). When appropriate, affected College offices will be notified of the hearing and given a chance to respond to the student's assertions. A written decision based upon the evidence presented or gathered shall be prepared within a reasonable amount of time and shall include a summary of the evidence and the reasons for the decision. The judgment of the hearing officer shall be final and the record shall be changed or retained as recommended.

If the institution decided the information is accurate, it shall inform the student of his/her right to place in the educational record a statement commenting upon the information and/or noting any reasons for disagreeing with the decision. Any statement of this sort shall be maintained as long as the student's educational record or contested portion is maintained; if the student's educational record or contested portion is disclosed to any party, the student's statement shall also be disclosed.

 

Any questions? Please contact the U.S. Department of Education:

Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, D.C. 20202-5901
(202) 260-3887- Telephone
(202) 260-9001 - Fax
FERPA@ED.Gov - Email

Go to Sidebar Content