Student Records and FERPA

Student Records and FERPA

Student Records Policy

Oregon Coast Community College shall follow all applicable state and federal laws, rules, and regulations which apply to student records. Subject to the provisions of the Family Educational Rights and Privacy Act (FERPA) of 1974, all information contained in the College records which is personally identifiable to any student shall be kept confidential and not released except upon prior written consent of the subject student or upon the lawful subpoena or other order of a court of competent jurisdiction.

FERPA-approved exceptions include college-defined Student Directory Information, and information released for purposes of the Solomon Amendment. Students must be given the ability to separately opt-out of the release of both Student Directory Information and for the purposes of the Solomon Amendment. Student information may be shared among College faculty and staff on an official (need to know) basis.

FERPA, also known as the Buckley Amendment, (Statute: 20 U.S.C. 1232g; Regulations: 34CRF Part 99), is a federal law that states (a) a written institutional policy covering student privacy rights must be established and (b) a statement of adopted procedures covering these rights must be made available.  The law provides that the institution will maintain the confidentiality of student education records and affords students certain rights regarding their educational records.

For the full statement and notification of specific rights under FERPA for OCCC students, click here.

Notification of Rights under FERPA for Oregon Coast Community College (OCCC) Students

The Family Educational Rights and Privacy Act (FERPA) affords eligible students certain rights with respect to their education records. (An “eligible student” under FERPA is a student who is 18 years of age or older or who attends a postsecondary institution at any age.) These rights include:

  1. The right to inspect and review the student’s education records within 45 days after the day Oregon Coast Community College receives a request for access. A student should submit to the Registrar a written request that identifies the record(s) the student wishes to inspect. The school official will make arrangements for access and notify the student of the time and place where the records may be inspected.
  2. The right to request the amendment of the student’s education records that the student believes is inaccurate, misleading, or otherwise in violation of the student’s privacy rights under FERPA.

A student who wishes to ask OCCC to amend a record should write the OCCC Registrar, clearly identify the part of the record the student wants changed, and specify why it should be changed.

If OCCC decides not to amend the record as requested, OCCC will notify the student in writing of the decision and the student’s 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.

  1. The right to provide written consent before OCCC discloses personally identifiable information (PII) from the student’s education records, except to the extent that FERPA authorizes disclosure without

OCCC discloses education records without a student’s prior written consent under the FERPA exception for disclosure to College officials with legitimate educational interests. A College official typically includes a person employed by OCCC in an administrative, supervisory, academic, research, or support staff position (including law enforcement unit personnel and health staff); a person serving on the board of trustees; or a student serving on an official committee, such as a disciplinary or grievance committee. A College official also may include a volunteer or contractor outside of OCCC who performs an institutional service or function for which the College would otherwise use its own employees and who is under the direct  control of the College with respect to the use and maintenance of PII from education records, such as an attorney, auditor, or collection agent or a student volunteering to assist another College official in performing his or her tasks. A College official typically has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for OCCC.

Upon request, the College also discloses education records to officials of another school or college in which a student seeks or intends to enroll.

  1. The right to file a complaint with the U.S. Department of Education concerning alleged failures by the OCCC to comply with the requirements of FERPA. The name and address of the office that administers FERPA is:

Student Privacy Policy Office
U.S. Department of Education
400 Maryland Avenue
SW Washington, DC 20202

The Family and Educational Right to Privacy Act (FERPA) permits the disclosure of PII from students’ education records, without consent of the student, if the disclosure meets certain conditions found in § 99.31 of the FERPA regulations. Except for disclosures to College officials, disclosures related to some judicial orders or lawfully issued subpoenas, disclosures of directory information, and disclosures to the student, § 99.32 of FERPA regulations requires the institution to maintain a record of the disclosure. Eligible students have a right to inspect and review the record of disclosures.

In accordance and compliance with these FERPA provisions for higher education institutions, Oregon Coast Community College discloses PII from education records without obtaining prior written consent of the student:

  • To other College officials, including faculty, within OCCC whom the College has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the College may have outsourced institutional services or functions, provided that the FERPA conditions listed are met. [i]
  • To officials of another school or College where the student seeks or intends to enroll, or where the student is already enrolled if the disclosure is for purposes related to the student’s enrollment or transfer, subject to the FERPA requirements. [ii]
  • To authorized representatives of the S. Comptroller General, the U.S. Attorney General, the U.S. Secretary of Education, or State and local educational authorities, such as a State postsecondary authority that is responsible for supervising the university’s State-supported education programs. Disclosures under this provision may be made, subject to the FERPA requirements, in connection with an audit or evaluation of Federal- or State- supported education programs, or for the enforcement of or compliance with Federal legal requirements that relate to those programs. These entities may make further disclosures of PII to outside entities that are designated by them as their authorized representatives to conduct any audit, evaluation, or enforcement or compliance activity on their behalf. [iii]
  • In connection with financial aid for which the student has applied or which the student has received, if the information is necessary to determine eligibility for the aid, determine the amount of the aid, determine the conditions of the aid, or enforce the terms and conditions of the aid. [iv]
  • To organizations conducting studies for, or on behalf of, the College, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. [v]
  • To accrediting organizations to carry out their accrediting functions. [vi]
  • To parents of an eligible student if the student is a dependent for IRS tax purposes. [vii]
  • To comply with a judicial order or lawfully issued subpoena. [viii]
  • To appropriate officials in connection with a health or safety emergency, subject to FERPA provisions. [ix]
  • Information the College has designated as “directory information” under FERPA provisions. [x]
  • To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the FERPA requirements. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. [xi]
  • To the general public, the final results of a disciplinary proceeding, subject to the FERPA requirements, if the College determines the student is an alleged perpetrator of a crime of violence or non-forcible sex offense and the student has committed a violation of the College’s rules or policies with respect to the allegation made against him or her. [xii]
  • To parents of a student regarding the student’s violation of any Federal, State, or local law, or of any rule or policy of the College, governing the use or possession of alcohol or a controlled substance if the College determines the student committed a disciplinary violation and the student is under the age of 21. [xiii]

References:

The provisions of the Family Educational Rights and Privacy Act (FERPA) are published at the following link: https://www2.ed.gov/policy/gen/reg/ferpa/index.html and contained with the US Code of Federal Regulations Title 34 CFR, Part 99.

[i] (Title 34, Part 99.31(a)(1))
[ii] (Title 34, Part 99.31(a)(2))
[iii] (Title 34, Part 99.31(a)(3) and 99.35)
[iv] (Title 34, Part 99.31(a)(4))
[v] (Title 34, Part 99.31(a)(6))
[vi] (Title 34, Part 99.31(a)(7))
[vii] (Title 34, Part 99.31(a)(9))
[viii] (Title 34, Part 99.31(a)(9))
[ix] (Title 34, Part 99.31(a)(10))
[x] (Title 34, Part 99.37, and 99.31(a)(11))
[xi] (Title 34, Part 99.31(a)(13))
[xii] (Title 34, Part 99.31(a)(14))
[xiii] (Title 34, Part 99.31(a)(15))

 

They are in general:

• The right to obtain a copy of OCCC’s current Student Records Policy.

•The right to inspect and review their own educational records.

• The right to seek to amend their own educational records.

• The right to have some control over the disclosure of information from their own educational records by authorizing or denying access in writing.

• The right to file complaints of alleged failures to comply with the requirements of FERPA with the U.S. Department of Education.

Note:  FERPA rights belong to the OCCC student, regardless of the student’s age.

Questions about these policies can be directed to the Registrar at Registrar@OregonCoast.edu or at 541-867-8538.

FERPA – OCCC Student Directory Information

Background:

The federal Family Educational Rights and Privacy Act (FERPA) requires that Oregon Coast Community College, with certain exceptions, obtain a student’s written consent prior to the disclosure of personally identifiable information (PII) from the student’s education records.  However, Oregon Coast Community College and other educational institutions may disclose what the College (OCCC) has defined as “directory information” without written consent, unless the student has advised the College (OCCC)  to the contrary in accordance with Oregon Coast Community College procedure.

Purpose:

One purpose of directory information is to allow Oregon Coast Community College to include information from student education records in certain college publications, or to local news media to recognize student achievements and awards.  Examples include, but are not limited to:

  • A list of OCCC graduates, their degrees/certificates completed, and awards received, provided to local newspapers;
  • Publication of student achievement of honors and President’s/Deans’ List awards;
  • Publication of graduation programs;
  • Recognition of scholarship recipients.

Under FERPA law, student directory information, which is information that is generally not considered harmful or an invasion of privacy if released, can also be disclosed to outside organizations without the student’s prior written consent.  Outside organizations to whom Oregon Coast Community College may release student directory information include, but are not limited to,

  • Employers considering students for interviews, seeking verification of degrees/certificates completed or in progress;
  • Other institutions of higher education;
  • Local agencies to provide confirmation of student status for housing requests.

OCCC Definition of Student Directory Information:

In recognition of its responsibility to protect both the family privacy and the safety of its students, Oregon Coast Community College defines and limits directory information to include only the following student information:

  • Student’s name
  • Major field of study
  • Dates of attendance
  • Enrollment status (e.g., undergraduate or graduate, full-time or part-time)
  • Grade level
  • Degrees, honors, and awards received

Student Directory Information Opt-out Procedure:

If a student does not want Oregon Coast Community College to disclose any or all of the types of information designated above as directory information from their education records without their prior written consent, the student must notify the Registrar at Oregon Coast Community College by using the opt-out provisions within the FERPA/Student Directory Information/Solomon Amendment notification sent to students each term, or by completing the

OCCC Student Directory Information Opt-out Form. Student opt-outs must be received by the date specified within the notification.

FERPA and the Solomon Amendment – Requirement to Provide Information to Military Recruiters

The Solomon Amendment, a federal law made effective in December 2015, requires Oregon Coast Community College and all higher educational institutions to provide military recruiters, upon request, with the following information – names, addresses and telephone listings – for all enrolled students unless students have specifically advised the College in writing that they do not want their information disclosed without their prior written consent.  [Note:  These laws are Section 9528 of the ESEA (20 U.S.C. § 7908) and 10 U.S.C. § 503(c).] 

While Oregon Coast Community College has not designated a student’s address or telephone listing as “directory information” under FERPA, it still, under the provisions of the Solomon Amendment, must provide all three pieces of information to military recruiters and IHEs, upon request, unless the student has submitted a written request to the OCCC Registrar to opt out of such a disclosure. This request is separate and distinct from a request to opt-out of disclosure of student directory information.

Solomon Amendment Opt-out Procedure:

A student who wishes to opt-out of disclosure of Solomon Amendment information must submit to the OCCC Registrar a written and signed request not to disclose this information to these individuals. Electronic requests do not provide sufficient verification for these purposes and therefore are not accepted. A request for non-disclosure should be sent to:

Registrar
Oregon Coast Community College
400 SE College Way
Newport, OR 97366

Oregon Coast Community College