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Student Academic Records 4.103

Administrative Procedure 4.103

The Family Educational Rights and Privacy Act of 1974 (20 U.S.C. 122g) (FERPA) protects the privacy of student education records. FERPA applies to all schools that receive federal funds.

Definitions

  1. College: Elgin Community College
  2. Student: Any individual, regardless of age, who attends or has attended the College for credit or noncredit course work, on or off campus, including evaluated and graded activities, such as a work study program, an academic internship, or a student exchange program. The term does not apply to an individual for periods prior to, or subsequent to, that individual's enrollment in the College.
  3. Education Records: Any record (written and printed documents, electronic media, video and audio tape, film, microfilm and microfiche, diskette or CDs, or other medium) maintained by the College, an employee, or agent of the College, which is directly related to a student, except:
    1. A personal record made, kept and held in personal possession by a staff member who made the record, if the information has never been revealed or made available to anyone except the maker, or temporary substitute for the maker, of the record.
    2. 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 at the College. However, student employment records are education records when: (1) The student's employment position depends on his/her status as a student; or, (2) The student receives a grade or credit based on employment performance.
    3. Records created and maintained by the Security Department of the College for the purpose of law enforcement.
    4. Records associated with an individual's admission application to the College prior to his/her enrollment and attendance. This includes records associated with an admission application to attend the College or a component unit of the College, if that application was denied.
    5. Alumni records containing non-student information after he/she is no longer enrolled at the College.
  4. Personally Identifiable Information: Any data or information that relates a record to an individual. This includes name, the name of parents or other family members, address, social security number, any other identifying number or symbol, a list of personal characteristics, or any other information which would make the individual's identity known and can be used to label a record as the individual's.

Annual Notification

Each year the Office of Dean of Student Services and Development sends an email to the college issued student email addresses of all students identifying Right to Know information. The notice directs students to http://www.elgin.edu/righttoknow which includes, but is not limited to a link to this administrative procedure which identifies students’ rights to their records in compliance with FEPRA, as described in the next section, Statement of Rights.

Statement of Rights

The College encourages students to exercise all of their rights under FERPA and this procedure. These rights include:

  1. The right of a student to inspect and review his/her education records. The student will assume personal responsibility to verify the accuracy and completion of his/her education record. The Registrar has been designated by the College to coordinate the inspection and review procedures of student records.
    1. Students desiring to review their records must submit a written request which precisely identifies the needed records to the college Registrar or appropriate record custodian.
    2. The Registrar or record custodian will arrange access as promptly as possible and will notify the student regarding the time and place where the records may be inspected.
    3. Access or notification of nonexistence of requested records must be given within 45 calendar days or less from the receipt of the request.
    4. When a record contains information about more than one student, the student may only inspect and review his/her own records.
  2. The right to expect the College to limit disclosure of student education records to the following circumstances:
    1. Student's prior written consent
    2. Under the provisions of FERPA which allow disclosure without prior written consent
  3. The right to seek to amend education records believed to be inaccurate, misleading, or in violation of the privacy or other student's rights.
  4. The right to request a hearing if the request to correct an inaccuracy is denied. See http://www.elgin.edu/procedures for related Administrative Procedure 4.408 Appeal for Complaint Procedure.
  5. If a student believes the College is violating FERPA, he/she has a right to file a complaint with the Family Policy Compliance Office, Department of Education, 400 Maryland Avenue, S.W., Washington, D.C. 20202-4605.

4. Administrative Responsibility - The Dean of Student Services and Development is responsible for the administration of this procedure. Students with problems or questions related to these procedures should contact the FERPA designee for help.

Use of Student's Education Records

School officials with a legitimate educational interest may have access to protected information within the scope of performing their job duties.

  1. The College will apply the following criteria to establish the definition of a school official having access to education records:
    1. A person elected to and currently serving on the Board of Trustees of District 509;
    2. A person under contract to the College in an academic or research faculty position;
    3. A person under contract to the College in an administrative position;
    4. A person employed by the College as a temporary substitute for an administrative staff member or faculty member for the period of his or her performance as a substitute;
    5. A person employed by or under contract to the College to perform a special task, such as the attorney, auditor, secretaries, clerks, presenters and consultants for the period of their performance as an employee or contractor.
  2. School officials who meet the above written criteria will have access to personally identifiable information contained in student education records if they have a legitimate educational interest for access. A legitimate educational interest is the official's need for student education record information to:
    1. perform an administrative task outlined in the official's position description or contract approved by the College;
    2. perform a supervisory or instructional task directly related to the student's education;
    3. perform a service or benefit for the student or student's family such as health care, child care, counseling, financial aid, job placement, admissions, records and registration, student life activities and business transaction; or
    4. perform tasks related to the discipline of a student.

Right of the College to Refuse Access

The College reserves the right to refuse access to a student to inspect the following records:

  1. The financial statement of the student's parents;
  2. Statements and letters of recommendation for which the student has waived his or her right of access, or which were placed in the student's records before January 1, 1975 or for which the student has waived his right of access in writing. Except that, if these letters and statements have been used for any purpose other than that for which they were originally prepared, the student may inspect and review them;
  3. Records connected with an application to attend the College or a program of the College if that application was denied;
  4. Those records which are excluded from FERPA definition of education records.

Records Disclosure

School officials will secure a student's prior written consent before disclosure of personally identifiable information contained in the student's education records. The College reserves the right for its officials to make such disclosures without the student's consent in the following circumstances:

  1. To certain Federal and State officials who need information to audit or enforce legal conditions related to federally supported education programs in the College;
  2. To parties who provide or may provide financial aid to the student in order to:
    1. establish the student's eligibility for the aid;
    2. determine the amount of financial aid;
    3. establish conditions for the receipt of the financial aid; or
    4. enforce the terms of the agreement between the provider and the receiver of the financial aid.
  3. If a state law existed prior to November 19, 1974 requiring disclosure of personally identifiable information contained in a student's education record, the college will continue to disclose such information in accordance with the state law.
  4. When the College has entered into a written agreement or contract with an organization to conduct a study on the College's behalf to develop tests, administer student aid, or improve instruction.
  5. To accrediting organizations to carry out their accrediting functions.
  6. To parents of an eligible student who claim the student as a dependent for income tax purposes under the Internal Revenue Code of 1954. The College will exercise this option only on the condition that evidence of such dependency is furnished to the Records Office and all requests for disclosures under this provision are referred to that office.
  7. To comply with a judicial order or lawful subpoena. The College will make a reasonable effort to notify the student before it makes a disclosure under this provision.
  8. To appropriate parties in a health or safety emergency:
    1. The disclosure is warranted by the seriousness of the threat to the health or safety of the student or other persons;
    2. The information is needed to meet the emergency;
    3. The persons to whom the information is to be disclosed are qualified and in a position to deal with the emergency; and
    4. Time is an important and limiting factor in dealing with the emergency.
  9. To military recruiters who request recruiting information in compliance with the Solomon Amendment. The Solomon Amendment, a federal law (10 U.S.C. sec. 983), mandates that institutions receiving certain federal agency funding must fulfill military recruitment requests for access to campus and for lists containing student recruiting information. If colleges do not comply, they may lose funds essential to their campus. The Solomon Amendment allows personally identifiable student information to be released to recruiters that would have been denied them under FERPA.

Officials of the College may not disclose personally identifiable information contained in a student's education record, except as listed above, without a student's prior written consent. Please find the Granting Access to your Records section at http://www.elgin.edu/records for the Student Consent for Access to Education Records form.

The student may obtain a copy of any records the College discloses by the student's prior written consent.

Refusal to Provide Copies

The College reserves the right to deny transcripts or copies of records not required by FERPA in any of the following situations:

  1. The student has an unpaid financial obligation to the College;
  2. There is an unresolved disciplinary action against the student;
  3. There is unresolved litigation between the student and the College.

Directory Information

It is the intent of the College to limit disclosure of directory information to those instances where prior written consent has been given to the disclosure or under those provisions of FERPA which allow disclosure without prior written consent. The College defines directory information as: name, address, Student ID number, ECC issued student email address, dates of attendance, major, degrees, awards, honors, and weight and height of athletes.

Access and Record of Requests For Disclosures Made From Education Records

The College will not release information contained in a student's education records to any third parties except its own officials, unless those parties agree they will not redisclose the information without the student's prior written consent.

  1. The College will maintain a record of all requests for, and/or disclosures of, information contained in a student's education record made by persons other than school officials or the student or those requests accompanied by the student's prior written consent. The record will include at least:
    1. The name of the party making the request
    2. The legitimate interest the person or agency had in the information
    3. The date the person or agency made the request
    4. Whether the request was granted and, if it was, the date access was permitted or the disclosure was made
    5. The name of any third party or agency to whom information may be redisclosed.

The College will maintain this record of disclosures as long as it maintains the student's education record. See related Administrative Procedure 3.102 Records Retention and Disposal.

 
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