FERPA NOTIFICATION
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.
Education records means those records directly related to a student
and maintained by the institution or by a party acting for the institution.
The term “education records” does not include the following:
- Records of instructional, supervisory, administrative, and certain
educational personnel which are in the sole possession of the maker
thereof, and are not accessible or revealed to any other individual
except a substitute who performs on a temporary basis (as defined
in the institutional personnel policy) the duties of the individual
who made the record.
- Records maintained by a law enforcement unit of the educational
agency or institution that were created by that law enforcement
unit for the purpose of law enforcement.
- Records relating to individuals who are employed by the institution,
which are made and maintained in the normal course of business,
relate exclusively to individuals in their capacity as employees,
and are not available for use for any other purpose. (Records of
individuals in attendance at an institution who are employed as
a result of their status as students are education records, e.g.,
work-study.)
- Records relating to a student (see the definition of “eligible
student” below) which are 1. Created or maintained by a physician,
psychiatrist, psychologist, or other recognized professional or
paraprofessional, acting in his/her professional capacity; 2. Used
solely in connection with the provision of treatment to the student;
and 3. Not disclosed to anyone other than individuals providing
such treatment so long as the records can be personally reviewed
by a physician or other appropriate professional of the student’s
choice (Appropriateness may be determined by the institution.) Treatment
in this context does not include remedial educational activities
or activities which are part of the program of instruction at the
institution.
- Records of an institution which contain only information relating
to a person after that person is no longer a student at the institution
(e.g. information gathered on the accomplishments of alumni).
Students should submit to the Office of Enrollment Services the “Student
Request to Inspect and Review Education Records” form 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.
- The right to request the amendment of the student’s education records
that the student believes to be inaccurate or misleading.
Students may ask the College to amend a record that they believe is
inaccurate or misleading. They should write the College official responsible
for the record, clearly identify the part of the record they want changed,
and specify why it is inaccurate or misleading.
If the College decides not to amend the record as requested by the student,
the College will notify the student of the decision and advise the student
of his or her right to a hearing regarding the request for amendment.
A student may request a hearing at the Dean of Student’s Office.
- 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.
One exception that permits disclosure without consent is disclosure
to “school officials who have legitimate educational interests”. “School
officials” shall mean any person who is a trustee, officer, agent or
employee of the College. “Legitimate educational interest” shall mean
any authorized interest, or activity undertaken in the name of the College
for which access to an Education Record is necessary or appropriate
to the proper performance of the undertaking. It shall include, without
limitation, access by a student, instructor, department or division
head, dean, the chief academic and student affairs administrator, the
President, Board of Governors, Vice Presidents, the custodian of the
College records, the alumni administrator, legal counsel, the financial
aid administrator, administrators charged with maintaining Education
Records, the staff and subordinates of the foregoing, and others authorized
by the President, to the extent the foregoing persons are acting within
the course and scope of their employment and authority. School officials
are:
- Authorized representatives of the following for audit or evaluation
of federal- and state-supported programs, or for enforcement of
or compliance with federal legal requirements which relate to those
programs.
- the Comptroller General of the United States
- the Secretary of the Department of Education
- state educational authorities
- Veterans Administration officials not covered by FERPA but specified
under Title 38, Section 1790 (c), United States Code; see appendix
7.
- Other school officials within the institution determined by
the institution to have a legitimate educational interest.
- Officials of other institutions in which a student seeks or
intends to enroll on the condition that the issuing institution
makes a reasonable attempt to inform the student of the disclosure
unless the student initiates the transfer, or the written notification
of the institution (discussed earlier) includes a notice that the
institution forwards education records to other institutions that
have requested the records in which the student seeks or intends
to enroll.
- Organizations providing financial aid to students, or determining
financial aid decisions concerning eligibility, amount, condition,
and enforcement of terms of said aid.
- Organizations conducting studies for, or on behalf of, educational
agencies or institutions to develop, validate, and administer predictive
tests, to administer student aid programs or to improve instruction.
Those organizations may not disclose personally identifiable information
on students, and information secured must be destroyed when no longer
needed for their projects. Institutions are advised to obtain such
assurance in writing.
- Accrediting organizations carrying out their accrediting functions.
- Parents of a student who have established that student’s status
as a dependent according to Internal Revenue Code of 1986, Section
152.
- Persons in compliance with a judicial order or a lawfully issued
subpoena, provided that the institution makes a reasonable attempt
to notify the student in advance of compliance. NOTE: The institution
is not required to, and should not, notify the student if a federal
grand jury subpoena, or any other subpoena, orders the institution
not to disclose the existence or contents of the subpoena.
- Persons in an emergency, if the knowledge of information, in
fact, is necessary to protect the health or safety of students or
other persons.
- 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.
Upon request, the College discloses education records without consent
to officials of another school in which a student seeks or intends to
enroll. (NOTE: FERPA requires an institution to make a reasonable attempt
to notify the student of the records request unless the institution
states in its annual notification that it intends to forward records
on request.)
- The right to file a complaint with the U.S. Department of Education
concerning alleged failures by the Community College of Rhode Island
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
600 Independence Avenue, SW
Washington, DC 20202-4605
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