Student Rights Under The Family Educational Rights And Privacy Act (FERPA)
The Family Educational Rights and Privacy Act (FERPA) affords students certain rights with respect to their education records. They are:
- The right to inspect and review the student’s
education records within 45 days of the day the College receives a request for
access. Students should submit to the
Dean of Students or the Office of the Registrar/Enrollment Manager ("College
Official") a written request that identifies the record(s) they wish to
inspect. The College Official will make
arrangements for access and notify the student of the time and place where the
records may be inspected. If the records
are not maintained by the College Official to whom the request was submitted,
that official shall advise the student of the correct official to whom the
request should be addressed.
- The right to request the amendment of the student’s
education records that the student believes are inaccurate, misleading, or in
violation of the student’s right to privacy.
Students desiring an amendment to their education record should write
the College Official responsible for maintaining the record, clearly identify
the part of the record they want changed, and specify why it is inaccurate, misleading,
or in violation of the student’s privacy.
- The right to a hearing regarding the request for an
amendment of the student’s education records.
If the College decides not to amend the record as requested by the
student, the College must notify the student of the decision and advise the
student of his or her right to a hearing regarding the request for
amendment. Additional information
regarding the hearing procedures will be provided to the student when notified
of the right to a hearing.
- The right to prevent the College’s disclosure of the
student’s personally identifiable information from the student’s education
records in most circumstances. The
College must obtain the written consent of a student before disclosing that
student’s personally identifiable information contained in the student’s
education records, except to the extent that FERPA authorizes disclosure
without consent. Where required, a
student’s consent must specify the records to be disclosed, the purpose of the
disclosure, and the party or class of parties to whom disclosure may be
made. FERPA contains the following
exceptions allowing a College to disclose a student’s personally identifiable
- Disclosure to school officials with legitimate educational interests is permitted without a student’s written consent. A school official is a person employed by the College in an administrative, supervisory, academic or research, or support staff position (including law enforcement unit personnel and health staff); a person or company with whom the College has contracted institutional services or functions that the College would otherwise use employees to perform (such as an attorney, auditor, or collection agent); a person serving on the Board of Trustees; 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 needs to review an education record in order to fulfill his or her professional responsibility. A school official must be under the direct control of the institution with respect to the use and maintenance of information from education records.
- Disclosures to parents are permitted in three situations. First, disclosure of a student’s personally identifiable information to parents is permitted absent a student’s written consent in the event of a health or safety emergency. The College may disclose education records in an emergency if the College determines that there is an articulable and significant threat to the health or safety of the student or other individuals. Second, disclosure of a student’s personally identifiable information is permitted to parents of the student if the student is a dependent pursuant to Section 152 of the Internal Revenue Code of 1986 and notice is given to the student that a parent has requested such information. Third, disclosure of a student’s personally identifiable information to parents is permitted without the student’s written consent if the student is under 21 and has violated a law or College rule or policy governing alcohol or controlled substance consumption.
- The right to opt out of the disclosure of directory
information. Pursuant to FERPA, the
College has classified certain personally identifiable information as directory
information. Metropolitan Community
College defines directory information as the student’s name, address, telephone number,
e-mail address, photos, date of birth,
place of birth, class, major field of study, dates of attendance, full
time/part time status, degrees, honors, and awards received, participation in
officially recognized activities and sports, physical traits of athletes, and
the most recent previous educational institution attended by the student. Students
who wish to restrict the release of
directory information must submit the appropriate form to the Office of
the Registrar/Enrollment Manager during the first week of each academic
term. This form can be found on the
College’s website, at Dean of Students’ Office or at the Office of the
Registrar/Enrollment Manager. Upon receipt of such request the Office of the
Registrar/Enrollment Manager will designate that the student’s directory
information is confidential and not to be released outside the College except
to individuals, institutions, agencies and organizations authorized in the
Act. The College will honor all requests
to withhold any of the categories of directory information listed above but
cannot assume any responsibility to contact the student for subsequent
permission to release information.
Nondisclosure will be enforced until the information is subsequently
released by the student. A student may
not, however, opt-out of disclosure of the student’s name, institutional e-mail
address, or electronic identifier in the student’s classroom. Regardless of the effect
on the student, the
College assumes no liability for honoring the request of the student to
restrict the disclosure of directory information.
- The right to file a complaint with the U.S. Department
of Education concerning alleged failures by Metropolitan Community College 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 20202-5920