Release of Educational Records

Release of Educational Records

Procedure 2616

1.0    Scope

Employees, students, and parents or guardians of a student.

2.0    Purpose   

To comply with the requirements of the Family Educational Rights and Privacy Act (FERPA) that affords certain rights to students and their parent/guardian concerning their educational records in areas of access, release, and challenge of educational records, and where records are located.

3.0    Definitions

3.1 Educational Record: Any record (in handwriting, print, tapes, film, electronic, or other medium) maintained by Northland Pioneer College (NPC) or a school official which is directly related to a student, except:

1.  A personal record kept by an employee 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.
2. An employment record of an individual whose employment is not contingent of the fact that they are a student, provided the record is used only in relation to the individual's employment.
3. Records made or maintained by a physician, psychiatrist, psychologist, or other recognized professional or paraprofessional if the records are used only for the treatment of a student and made available only to those persons providing the treatment.
4. Alumni records which contain information about a student after they are no longer in attendance at NPC and that do not relate to the person as a student.

3.2 Employee: someone who has an employer/employee relationship with NPC and receives compensation for their work.
3.3 Parent or Guardian: any person who can establish to the satisfaction of the college that the student is a dependent for income tax purposes.
3.4 Record Custodian: the person or department responsible for the care of the record.
3.5 School Official: a school official is:

1. A person employed by NPC in an administrative, supervisory, academic or research, or support staff position.
2. A person elected to the Navajo County Community College District Governing Board
3. A person or company with whom NPC has a contract, such as an attorney, service provider, auditor, or collection agent.
4. A student serving on an official committee, such as a disciplinary or grievance committee, or who is assisting another school official in performing their  tasks.

3.6 Student: any person participating in or attempting to participate in educational programs or activities provided by NPC. 

4.0    Procedure 

The Family Educational Rights and Privacy Act of 1974 (FERPA) controls access to student education records. NPC shall make a reasonable effort to extend to students and their parents the rights granted by the act.
 

4.1    Annual Notification
Students will be notified of their FERPA rights by publication in the schedule of classes each semester and the NPC catalog.

4.2      Procedure to Inspect Educational Records
Students may inspect and review their educational records upon request to the appropriate record custodian.
 
Students should submit to the record custodian a written request which identifies as precisely as possible the record or records they wish to inspect.
 
The record custodian will make the needed arrangements for access as promptly as possible and notify the student of the time and place where the records may be inspected. Access must be given within 45 days or less from the date of receipt of the request.
 
When a record contains information about more than one student, the student may inspect and review only the records which relate to them.

4.3    Limitation on Right of Access
NPC reserves the right to refuse to permit a student to inspect the following records:

1. The financial statement of the student's parents.
2. Letters and statements of recommendation for which the student has waived his or her right of access, or which were maintained before January 1, 1975.
3. Records connected with an application to attend NPC or a component unit of NPC if that application was denied.
4. Those records that are excluded from the FERPA definition of educational records.

4.4    Refusal to Provide Copies
NPC reserves the right to deny copies of student records, including transcripts, not required to be made available by FERPA in any of the following situations:

1. The student has an unpaid financial obligation to NPC.
2. There is an unresolved disciplinary action against the student.
3. The education record requested is an exam or set of standardized test questions.

4.5    Fees for Copies of Records
The fee for copies shall be $0.10 per page.

4.6   TYPES, LOCATIONS, AND CUSTODIANS OF EDUCATIONAL RECORDS

4.7    Disclosure of Educational Records
NPC will disclose information from a student's education records only with the written consent of the student, except that records may be disclosed without consent when the disclosure is:

1. To school officials who have a legitimate educational interest in the records. 
   1. A school official has a legitimate educational interest if the official is:
      1. Performing a task that is specified in his or her position description or contract agreement.
      2. Performing a task related to a student's education. 
      3. Performing a task related to the discipline of a student. 
      4. Providing a service or benefit relating to the student or student's family, such as health care, counseling, job placement, or financial aid. 
      5. Maintaining the safety and security of NPC's educational sites.
2. To officials of another school, upon request, in which a student seeks or intends to enroll. 
3. To certain officials of the U.S. Department of Education, Department of Veterans Affairs, the Comptroller General, and State and local educational authorities, in connection with audit or evaluation of certain State or federally supported education programs. 
4. In connection with a student's request for or receipt of financial aid to determine the eligibility, amount, or condition of the financial aid, or to enforce the terms and conditions of the aid. 
5. To State and local officials or authorities if specifically required by a State law that was adopted before November 19, 1974. 
6. To organizations conducting certain studies for or on behalf of NPC. 
7. To accrediting organizations to carry out their functions.
8. To parents/guardians of an eligible student who is claimed as a dependent of income tax purposes, with the completion of an appropriate release of information form.
9. To comply with a judicial order or a lawfully issued subpoena.
10. To appropriate parties in a health or safety emergency. 
11. To individuals requesting directory information so designated by NPC.
12. The results of any disciplinary proceeding conducted by NPC against an alleged perpetrator of a crime of violence to the alleged victim of that crime. 
13. Disclosure to a parent of a student under 21 if NPC determines that the student has committed a violation of its drug or alcohol rules or policies.

4.8     Record of Requests for Disclosure
NPC shall maintain a record of all requests for and/or disclosures of information from a student's education records according to the schedule established by the Records Management Division, Arizona State Library, Archives and Public Records.  
  
4.9    DIRECTORY INFORMATION 
NPC designates the following items as Directory Information: student name, address, telephone number, email address, date of birth, major field of study, participation in officially recognized activities and sports, weight and height of members of athletic teams, dates of attendance, degrees and awards received, photograph, audio or video recordings and the most recent previous school attended. The NPC may disclose any of those items without prior written consent, unless notified in writing to the contrary by the end of the second week of classes of the fall semester, or the second week of spring semester if student was not in attendance fall semester. Student must     notify NPC each year they are in attendance if they do not want their directory information disclosed. 
  
4.10    CORRECTION OF EDUCATIONAL RECORDS 

Students have the right to ask 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.

1. A student must ask the Vice President for Learning and Student Services of NPC to amend a record. In so doing, the student should identify the part of the record to be amended and specify why the student believes it is inaccurate, misleading or in violation of his or her privacy rights.
2. NPC may comply with the request or it may decide not to comply. If it decides not to comply, the NPC will notify the student of the decision and advise the student of his or her rights to a hearing to challenge the information believed to be inaccurate, misleading, or in violation of the student's privacy rights.
3. Upon request, NPC will arrange for a hearing, and notify the student, reasonably in advance, of the date, place, and the time of the hearing.
4. 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 record. The student may be assisted by one or more individuals, including an attorney. 
5. NPC 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. 
6. If NPC 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.
7. If NPC 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 they have the right to place in the record a statement commenting on the challenged information and/or a statement setting forth reasons for disagreeing with the decision.
8. The statement shall be maintained as a part of the student's education records as long as the contested portion is maintained. If NPC discloses the contested portion of the record, it must also disclose the statement.