Family Education Rights and Privacy Act (FERPA)

 

 A Guide to the Family Educational Rights and Privacy Act of 1974

What is FERPA?

The Family Educational Rights and Privacy Act of 1974 helps protect the privacy of student education records.  The Act provides for the right to seek to amend those records, and the right to limit disclosure of information from the records.  The intent of the legislation is to protect the rights of students and to ensure the privacy and accuracy of education records.  The Act applies to all institutions that are recipients of federal aid administered by the Secretary of Education.

Faculty need to be aware of their responsibilities to protect the privacy rights of students.  Directory information can be disclosed without the student’s permission but other  information, requires the student's express written permission before being shared with third parties.  Always contact the Admissions & Registration office if you have questions.

Faculty Reminders to comply with FERPA guidelines.

• Do not give non-directory information over the phone;
• Do not discuss student records with parents unless the student is present and gives their permission or has record of dependency proof on file;
• Do not post rosters with social security numbers or student identification numbers.
• Do not leave the computer on for another person's use, or so others can view student's information.

 

What is directory information? (this info can shared without the student’s express consent unless the student specifically requests not to disclose directory information.)

Institutions may disclose information on a student without violating FERPA if it has designated that information as "directory information."  At CCA, this includes a student's:

•        name

•        date of birth

•        major field of study

•        participation in officially recognized activities and sports

•        dates of attendance (Semester, not individual class dates)

•        degrees and awards received

•        most recent educational institution attended

•        college issued student e-mail account

Who is protected under FERPA?

Students who are currently or formerly enrolled, regardless of their age or status in regard to parental dependency.  Students who have applied to but have not attended an institution and deceased students do not come under FERPA guidelines.

 Parents of students termed as "dependent" for income tax purposes may have access to the student's education records.  A copy of the parent's most recent federal income tax return, on which the parents declared the student as a dependent, must be submitted to the Office of Admissions and Records to document "dependency."

What are education records?

With certain exceptions, an education record is any record (1) from which the student can be personally identified and (2) maintained by the college.  A student has a right to access to these records. 

Education records include any records in whatever medium (handwritten, print, magnetic tape, film, diskette, etc.) that are in the possession of any school official.  This includes transcripts or other records obtained from a school at which a student was previously enrolled.

Who may have access to student information?

•  The student and any outside party who has the student's written request;

• Those with an educational interest;

•  Parents of a dependent student as defined by the Internal Revenue Code; and

• A person in response to a lawfully issued subpoena or court order, as long as the college first makes a reasonable attempt to notify the student.  Normally, the college will comply with a subpoena after two weeks have elapsed from the day the subpoena was received. 

When is the student's consent not required to disclose information?  When the disclosure is:

• To school officials who have a legitimate educational interest;

• To federal, state, and local authorities involving an audit or evaluation of compliance with educational programs;

• In connection with financial aid (this includes veteran's benefits);

• To organizations conducting studies for or on behalf of educational institutions;

• To accrediting organizations;

• To parents of a dependent student (able to prove dependency);

• To comply with a judicial order or subpoena;

•  In health or safety emergency;

•  Releasing directory information;

•  Releasing the results of a disciplinary hearing to an alleged victim of a crime of violence.

CCA FERPA policy is available in the Admissions & Records Office

For additional information or help call the Admissions and Records Office.

Valerie Sangiuliano (303) 360-4704

Kristen Cusack (303) 360-4701