Family Educational Rights and Privacy Act
In accordance with the Family Educational Rights and Privacy Act of 1974 (FERPA) students have certain rights concerning their educational records, including the right to inspect and review their educational records, the right to request amendment of educational records they believe to be inaccurate or misleading, the right to have some control over the disclosure of information derived from their educational records, and the right to file a complaint with the U.S. Department of Education.
Colby Community College is committed to protecting the rights of students, informing the CCC community about FERPA, and ensuring that the College handles educational records and directory information in a secure manner consistent with Federal regulations. Colby Community College has adopted a policy statement to maintain compliance with the FERPA, to insure the rights of students are protected, and to give guidance to faculty and staff as to the appropriate procedure when handling student records. These guidelines are available in the Registrar’s Office.
Eligible students who believe that Colby Community College is not complying with the requirements of the FERPA may file complaints in writing to:
Family Policy and Regulations Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington D.C. 20202-4605
For the purposes of this policy, Colby Community College ("the College") has used the following definitions of terms:
- Student - any person who attends or has attended Colby Community College, including courses taken through outreach
- Educational records ‑ any record (in handwriting, print, tapes, diskette, film, or other medium) maintained by Colby Community College or an agent of the College which is directly related to a student, except:
- A personal record kept by a staff member if it is kept in the sole possession of the maker of the record and is not accessible or revealed to any other person except a temporary substitute for the maker of the record.
- An employment record of an individual, whose employment is not contingent on the fact that he or she is a student, provided the record is used only in relation to the individual's employment.
- Records maintained by an office in the College if the records are maintained solely for law enforcement purposes, are revealed only to law enforcement agencies of the same jurisdiction, and this College office does not have access to educational records maintained by the College.
- Records maintained by Health Services if the records are used only for treatment of a student and made available only to those persons providing the treatment.
- Alumni records which contain information about a student after he or she is no longer in attendance at the College and which do not relate to the person as a student.
- The financial statements of the students’ parents/guardians.
- 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.
- Records connected with an application to attend Colby Community College, including Outreach, if that application was denied.
- Those records which are excluded from the FERPA definition of educational records.
- Note: Educational records held by Colby Community College are considered the property of the College to which students have rights of access.
- Office of the Registrar - administrative office with official responsibility for the maintenance of student academic records. The only office authorized to release official and unofficial transcripts and verifications.
RELEASE OF INFORMATION: "Directory Information" may be released for any purpose at the discretion of the College when it is believed to be in the best interest of the student. Under the provisions of FERPA, students have the right to withhold the disclosure of all "Directory Information" as follows: student name, address, email address, telephone number, major field of study, dates of attendance, enrollment status, degrees, academic honors and awards received, club and athletic participation records, and photographic, videotaped, and electronic images. The College will disclose any of these items without prior written consent from the student, unless notified in writing by the student to the contrary. The College will disclose only dates of attendance, enrollment status, major field of study and degrees received via telephone. Other “Directory Information” will be disclosed by written response. If the student does not wish to have this information released for any purpose, including the student directory, press releases, etc., the student must inform the College in writing by the end of the second week of classes in any semester. Notification forms are available in the Office of the Registrar. If the student's correspondence is not received in the appropriate office, the College will disclose the above information until the next notification. Please consider very carefully the consequences of any decision to withhold "Directory Information." Should a student decide to inform the College not to release “Directory Information,” requests for ALL “Directory Information” from any third party will be refused.
RIGHT TO REVIEW YOUR RECORDS: Once enrolled, students have the right to review their educational records, except those excluded by law, within 45 days of the day the College receives a request for access. Students should submit written requests that identify the record(s) they wish to inspect. The College will make arrangements for access and notify the student of the time and place where the records may be inspected.
CORRECTION OF EDUCATIONAL RECORDS: Students have the right to ask the College to have records corrected that they believe are inaccurate, misleading, or in violation of their privacy rights. Following are the procedures for the correction of records:
- A student must request, in writing, to the College official responsible for the record to amend a record. In so doing, the student shall identify the part of the record he/she wants changed and specify why he/she believes it is inaccurate, misleading, or in violation of his/her privacy or other rights.
- The College may comply with the request or it may decide not to comply. If it decides not to comply, the College will notify the student of the decision and advise him/her of his/her right to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student's rights.
- Upon request, the College will arrange for a hearing, and notify the student of the date, place and time of the hearing.
- The hearing will be conducted by a hearing officer who is a disinterested party; however, the hearing officer may be an official of the institution. The student shall be afforded a full and fair opportunity to present evidence relevant to the issues raised in the original request to amend the student's education records.
- The College will prepare a written decision based solely on the evidence presented at the hearing. The decision will include a summary of the evidence presented and the reasons for the decision.
- If the College decides that the challenged information is not inaccurate, misleading, or in violation of the student's right of privacy, it will notify the student that he/she has a right to place in the record a statement commenting on the challenged information.
- The statement will be maintained as part of the student's educational records as long as the contested portion is maintained. If the College discloses the contested portion of the record, it will also disclose the statement.
- If the College decides that the information is inaccurate, misleading, or in violation of the student's right of privacy, it will amend the record and notify the student, in writing, that the record has been amended.
REFUSAL TO PROVIDE COPIES
With an understanding that it cannot deny students access to their educational records, the College may deny students a copy of their educational records if: 1) the student has an unpaid financial obligation to the College or 2) if there is an unresolved disciplinary action against the student.
CONFIDENTIALITY: All student records will be treated with confidentiality. College faculty and staff will have access to student records on a "need-to-know" basis. The office responsible for any particular educational record or office requesting information for a legitimate educational interest will be responsible for ensuring that such confidentiality is maintained.
DISCLOSURE OF EDUCATION RECORDS
Disclosure of any information other than Directory Information requires a signed release, with original signature, from the student. This may include, but is not limited to, release of grade point averages, grades, test scores, etc. Such information will not be accepted or released via any electronic or faxed method.
Deceased Students: The College will not permit the release of educational records of deceased students unless authorized in writing by the executor/executrix of the deceased student's estate.
The College will disclose information from a student's educational records only with the written consent of the student, except:
- To school officials who have a legitimate educational interest in the records. A school official is a person employed by the College in an administrative, supervisory, academic, research, or support staff position (including law enforcement personnel and health staff); a person or company with whom the College has contracted (such as an attorney, auditor or collection agent); or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his or her tasks. A school official has a legitimate educational interest if the official is performing a task that is specified in his or her position description or by a contract agreement, performing a task related to a student's education, or performing a task related to the discipline of a student.
- To certain officials of the U.S. Department of Education and state and local educational authorities, in connection with certain state or federally-supported education programs.
- 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.
- If required by a state law requiring disclosure that was adopted before November 19, 1974.
- To organizations conducting certain studies for or on behalf of the College.
- To accrediting organizations to carry out their functions.
- To comply with a judicial order or a lawfully-issued subpoena after a reasonable attempt is made to notify the student. The College is not required to give prior notice when responding to a Federal grand jury subpoena or other law enforcement subpoena that states the student not be informed; and that the contents of or existence of the subpoena not be disclosed.
- To comply with State statutes in connection with a juvenile justice system.
- To a court when the College initiates legal action against a student, and gives the student prior notice of the intended disclosure.
- To appropriate parties in a health or safety emergency.
Note: The College will be prohibited from permitting specific third-party access to personal identifiable student information for a period of five years if that third party re-discloses personal identifiable student information in violation of FERPA.
The Solomon Amendment mandates that institutions must fulfill military requests for student recruiting information. Federal law defines student recruiting information as name, address, telephone number, age or date of birth, class level, academic major, place of birth, degrees received, and most recent educational institution attended. Requests can also include additional directory information as defined by the institution, such as email address. Students who have elected to withhold directory information will not have their information released under the Solomon Amendment.
RECORD OF REQUESTS FOR DISCLOSURE
The College will maintain a record of all legitimate written disclosures of a student's educational record released without student's signature as set forth in the exceptions noted above.
- Students will be notified of their FERPA rights annually by publication in all student handbooks published by Vice Presidents of Academic and Student Affairs.
- Other notification may be made available through publication in the college Catalog and the Faculty Policy Manual. Also, handouts will be made available at all times in the Office of the Registrar.
TYPES, LOCATIONS, AND CUSTODIANS OF EDUCATION RECORDS
The following is a list of the types of education records that Colby Community College maintains, their locations, and custodians.
|Admission Records||Office of Admissions||Director of Admissions|
|Office of Outreach||Director of Outreach|
|Cumulative Academic Records||Office of the Registrar||Registrar|
|Financial Aid Records||Financial Aid Office||Director of Financial Aid|
|Student Account Records||Business Office||VP of Business Affairs|
|Health Records||Campus Health Center||Nurse|
|Disciplinary & Student Housing Records||Student Affairs Office||VP of Student Affairs|
|Athletic Records||Athletic Department||Athletic Director|
|Immigration & Naturalization Records||International Student Services||Director of Admissions|
FERPA for Parents
You have always had rights to access and control your student's educational records. Now that your student is in college, these same laws transfer ownership of the records directly to the student.
According to FERPA, college students are considered responsible adults and are allowed to determine who will receive information about them. While parents understandably have an interest in a student's academic progress, they are not automatically granted access to a student's records without written consent of the student. Parents are encouraged to consult with the student if academic information is needed. Your student may give permission for you to gain access by completing a Student Release of Information or through their Trojan account information.
CCC does not provide private information or restricted public information (even with consent) over the phone or by email.
PARENTAL OR GUARDIAN ACCESS TO STUDENT'S EDUCATIONAL RECORDS
The College may, at its discretion, release student educational records only under the following circumstances:
- through the written consent of the student, i.e. academic records;
- in compliance with a subpoena; or
- by submission of evidence that the parents or guardians declare the student as a dependent on their most recent Federal Income Tax form (Internal Revenue Code of 1954, Section 152), i.e., student financial account records or notarized statement of intent to claim the student as a dependent.
How can I get a copy of my student's grades?
The only way for you to receive information about your student’s grades, financial statement, or other student information is for him/her to provide it to you. Students can find information online, print it, and give or email a copy to their parents. Student records are available on their TrojanWeb account.
If I'm paying for my student’s education, why can't I get a copy of his/her records?
College policy does not include an exception permitting disclosures to parents of financially- dependent students. Regardless of a student’s age or financial status, the policy does not provide parents an automatic right of access to information. Rather, information may only be shared with parents with the student’s consent, in a health or safety emergency, or pursuant to another FERPA exception. Students may choose to grant you direct access to their account by giving you log-in information for their Trojan account or through a release form.
Does FERPA allow me access to my son or daughter's medical and counseling records?
While it is true that neither FERPA nor HIPAA imposes additional restrictions on the disclosure of medical and mental health records to parents or others (where disclosure would ordinarily be permitted under a FERPA exception), there are Kansas state laws that do provide additional privacy protections in the areas of medical and mental-health treatment records. At the College, we work with the each individual on a case-by-case basis to determine if release of information is in his or her best interest. Questions about medical records should be directed to the Student Health and questions about counseling records should be directed to the Vice President of Student Affairs at 785.460.5495.
Will I be contacted if my student is sick or hurt? What if my student is in academic trouble, or facing disciplinary action?
In most cases, the College will not contact you or provide medical, academic, or disciplinary information without your student’s permission. In the case of an extreme emergency, where the health of your son or daughter is in serious jeopardy, or if there is a concern that he/she poses a threat to himself or herself or to someone else, the College may contact you. As a general guideline, if your student is able to communicate about the situation, it is up to him/her to decide whether and how to discuss the issues.
Isn't there a FERPA provision that colleges and universities can contact parents if a student violates alcohol or drug policies?
FERPA regulations allow, but do not require, higher education institutions to provide notice to parents when a student violates federal, state or local laws related to alcohol or drugs. College policy does not permit disclosures to parents regarding a student’s alcohol violations. This information may only be shared with consent, in a health or safety emergency or pursuant to another FERPA exception. Contact the Vice President of Student Affairs at 785.460.5495 if you have any questions or concerns regarding disciplinary records.
Where can I find out more about FERPA?
The U.S. Department of Education is responsible for overseeing FERPA. Information can be found on their Web site: http://www.ed.gov/policy/gen/guid/fpco/ferpa/.