Family Educational Rights and Privacy Act (FERPA)

Also known as the Buckley Amendment and referred to as the protector of student confidentiality and student rights, FERPA is a federal law enacted in 1974 that mandates student access to educational records, and provides mechanisms to amend them. FERPA provides protections against the unwanted distribution of grades and other reports without certain permissions, and regulates the transfer of test and other data.

Policy on Student Confidentiality

As outlined in the Family Educational Rights and Privacy Act (FERPA),聽a student has the right to have his or her educational records remain聽confidential. FERPA affords students certain rights with respect to their聽educational records. They are:

1. The right to inspect and review the student鈥檚 education records聽within 45 days of the day the College receives request for access.聽Students must submit to the Student Records Office a written聽request specifying the record(s) they want to inspect. The Registrar聽will make arrangements for access and notify the student of聽the time and place to inspect the record. If the Student Records聽Office does not maintain the records the student requested, the聽Registrar will advise the student of the correct official to contact.

2. The right to request the amendment of education records that聽students believe are inaccurate, misleading, or otherwise in聽violation of the student鈥檚 privacy rights under FERPA.聽Students may ask the College to amend a record by writing to聽the College official responsible for the record, clearly identify聽the part of the record they want changed, and specify why it is聽inaccurate, misleading, or otherwise in violation of the student鈥檚聽privacy rights under FERPA.聽FERPA was not intended to provide a process to question聽substantive judgments, which are properly recorded. The rights聽of challenge do not apply, for example, to an argument that the聽student deserved a higher grade in a course if the grade recorded聽is the grade submitted by the faculty member. Click聽here聽for policies applying to grade appeals.

If the College decides not to amend the record as requested by聽the student, the College will notify the student of the decision聽and advise the student of his or her right to a hearing regarding聽the request for amendment. Students who wish to appeal the聽decision should direct their request for an appeal to the office聽of the vice president for enrollment management. The College聽will provide the student with specific information regarding the聽hearing procedures upon the receipt of a request for a hearing.

3. The right to consent to disclosures of personally identifiable聽information contained in a student鈥檚 education records, except聽to the extent that FERPA authorizes disclosure without consent.聽

One exception that permits disclosure without consent is聽disclosure to school officials with legitimate educational聽interests. A school official is a person employed by the College聽in an administrative, supervisory, academic, research, or support聽staff position (including law enforcement unit personnel and聽health staff); a person or company with whom the College聽has contracted (such as an attorney, auditor, collection agent,聽insurance agent, or official of the National Student Loan聽Clearing House); a person serving on the Board of Trustees; or a聽student serving on an official committee, such as a disciplinary聽or grievance committee, or assisting another school official in聽performing his or her tasks.

A school official has a legitimate educational interest if the聽official needs to review an education record in order to fulfill his聽or her professional responsibility.

The College may disclose education records without consent in聽certain other circumstances:

To comply with a court order or certain types of subpoenas
To appropriate parties in a health or safety emergency
To officials of another school, upon written request, in which a聽student seeks or intends to enroll
In connection with a student鈥檚 request for or receipt of聽financial aid, as necessary, to determine the eligibility, amount聽or conditions of the financial aid, or to enforce the terms and聽conditions of the aid
To certain officials of the U.S. Department of Education,聽the Comptroller general, to state and local educational聽authorities, in connection with certain state or federally聽supported programs
To accrediting organizations to carry out their functions
To organizations conducting studies for or on behalf of聽the College
The results of an institutional disciplinary proceeding against聽the alleged perpetrator of a crime of violence may be released聽to the alleged victim of that crime with respect to that crime

4. The right to file a complaint with the U.S. Department of聽Education concerning alleged failures of the College to comply聽with the requirements of FERPA. Contact the office that聽administers FERPA at: Family Policy Compliance Office, U.S.聽Department of Education, 400 Maryland Ave. SW, Washington.聽DC 20202-4605.

5. The College designates the following as public or Directory聽Information that may be released without a student鈥檚 written聽consent, unless the student specifies to the contrary as described聽below:

Student name, address, phone number and e-mail address
Major field of study and degree sought or completed
Dates of attendance
Degrees and awards received
Expected date of completion of degree requirements and聽graduation
Full or part time enrollment status and classification (freshman聽or sophomore)
Most recent previous education agency or institution attended
Participation in officially recognized activities and sports
Height and weight of athletic team members
Date of birth

51成人导航 will release only the聽following directory information to telephonic requests: student聽name, degree sought or completed, expected dates of completion聽of degree requirements or graduation, and enrollment status.

6. Students may restrict the release of Directory Information,聽except to school officials with legitimate educational interest聽and those listed in #3 above. A student must make the request聽in writing at the student records office within two weeks of聽the beginning of the semester. Requests are valid for one year聽from the date of submission. Students must understand that聽withholding directory information prevents the College from聽verifying attendance or graduation to potential employers,聽publishing the student鈥檚 name in a graduation program or dean鈥檚聽list, and makes athletes ineligible to participate in any activity聽requiring publication of a team roster.聽For purposes of compliance with FERPA, the College considers
all students independent.

Authorization to Release Information (FERPA Waiver)

In accordance with the Family Educational Rights and Privacy Act of 1974 (FERPA), the College cannot release private educational information without the student鈥檚 consent, even if the student is a minor. To authorize the College to release private educational information requested by others, including financial aid, billing and payment, grades, conduct records, or other data protected by FERPA, the student must complete this . This waiver will remain in effect for two calendar years or until the student submits a new Authorization to Release Information Form requesting that the previous waiver be terminated, whichever comes first. Please note, FERPA permits the disclosure of specific directory information (e.g., name, address, phone number, email address, etc.) without consent. Additionally, the College may disclose educational records without consent in certain circumstances (e.g., to comply with a court order or in a health and safety emergency).

Notification of Rights under FERPA

The College notifies students of their rights under FERPA through the聽51成人导航 Catalog, the Delaware County聽Community College Student Handbook and communications to new聽students from the vice provost for student services and instructional聽support.聽