FERPA - Education Record and Personally Identifiable Information (Procedure 3.0400)

 

Authority:F.S. 1001.64, 1002.225, 1006.52; Family Educational Rights and Privacy Act of 1974 (FERPA), 20 U.S.C. 1232g; 34 C.F.R. Part 99
Date Adopted:01/13
Date of Review:02/14; 3/18; 4/19; 5/19
Related Policy:3.040


Purpose

Seminole State College informs students annually of their rights under the Family Educational Rights and Privacy Act of 1974 and the regulations issued by the Department of Education (“FERPA”). This Act was designed to protect the privacy of educational records and personally identifiable information, and to establish the right of students to inspect and review their non-privileged educational records. Students have the right to file complaints with the Family Policy Compliance Office, U.S. Department of Education, concerning alleged failures by the institution to comply with the Act. An informal complaint may be filed within the institution by contacting the Office of the Vice President for Student Affairs.

Procedure

A. Definitions

  1. “Education Records” mean those records that are directly related to a student and maintained by an educational agency or institution or by a party acting for the agency or institution.  For purposes of FERPA, the College maintains the following types of documents as a student’s Education Records:
    1. General student records containing the academic history file, admissions file, and transcripts from other educational institutions;
    2. Financial aid records containing applications for, granting of, and receipt of any form of financial aid;
    3. Accounts receivable records reporting monies owed to the College by the student;
    4. Student conduct records containing disciplinary history, disciplinary investigations, evidence, sanctions, and related appeals;
    5. Limited medical records of students with disabilities who have provided the College with appropriate documentation;
    6. Limited medical records required of student athletes and health programs department students;
    7. Employment records related to federal work study; and
    8. Electronic records maintained on the PeopleSoft/Oracle enterprise system.
  2. “Personally Identifiable Information” or “PII” has the meaning given to it in 34 C.F.R. 99.3.  As of 2019, that information includes:
    1. The student’s name;
    2. The name of the student’s parent or other family members;
    3. The address of the student or student’s family;
    4. A personal identifier, such as the student’s social security number, student number, or biometric record;
    5. Other indirect identifiers, such as the student’s date of birth, place of birth, and mother’s maiden name;
    6. Other information that, alone or in combination, is linked or linkable to a specific student that would allow a reasonable person in the school community, who does not have personal knowledge of the relevant circumstances, to identify the student with reasonable certainty; or
    7. Information requested by a person who the College reasonably believes knows the identity of the student to whom the education record relates.
  3.  “Authorized Recipient” means the student attending Seminole State College.

B. Confidentiality of Education Records and PII

  1. A student's Education Records shall be open to inspection only by the Authorized Recipient and such members of the professional staff of the College as have responsibility for working with the student, or as permitted by FERPA. The custodian of Education Records may release information from these records only upon authorization in writing from the Authorized Recipient that complies with FERPA, upon order of a court of competent jurisdiction, or as permitted or required by law, regulation, or rule.
  2. The College shall not disclose PII relating to a student without a written consent of the Authorized Recipient complying with FERPA, except as permitted or required by law, regulation, or rule.   PII shall be transferred to a third party only as permitted by FERPA, except as otherwise permitted or required by law, regulation, or rule.  This provision shall not apply to directory information, as defined in this procedure, of a student that has authorized disclosure.

C. Custodians of Education Records

  1. General student records are in the custody of the Registrar.
  2. Financial records are maintained by the Business Office. Financial aid records are maintained in the Office of Financial Aid and Scholarships.
  3. Student conduct records are maintained under the authority of the Vice President of Student Affairs or designee.
  4. Limited Medical records of students with disabilities who have provided the College with appropriate documentation are in the custody of the Disability Support Services Office.
  5. The Athletics Department maintains student medical records required of student athletes.
  6. The School of Business, Health and Public Safety maintains the specialized records of students in those areas.
  7. Employment records related to federal work study are maintained by the Office of Financial Aid and Scholarships and the Office of Human Resources.
  8. Electronic Student Education Records maintained on the PeopleSoft/Oracle enterprise system are fully covered by this policy. Custodians of records listed above are considered custodians of those electronic student Education Records to which they have access. Records shall not be accessed by the user unless a legitimate educational interest exists or some other provision of this policy, law, regulation, or rule authorizing release applies.

D. Right of the parents and guardians

The parents or guardians of a student who has reached the age of 18 years, or who has enrolled at the College, no longer have any rights under the provisions of FERPA and this procedure unless the student gives written consent to release the information to the parents or guardians.

E. Access, review, and challenge of Education Records

  1. An Authorized Recipient will be accorded access to a student's Education Record as set forth in FERPA.
  2. An Authorized Recipient has the right to challenge the content of any Education Records to the extent set forth in FERPA.
  3. The custodian of the record challenged shall conduct a hearing upon the matter at the time and in the manner set forth in FERPA

F. Waiver of FERPA Rights

An Authorized Recipient may consent to the release of any Education Record or PII to any person or agency provided the release complies with FERPA.

G. Directory information

  1. An annual notification is sent via the College’s official email to all students with information about FERPA. It notifies students that directory information may be released by the Registrar or the Registrar’s designee to the general public without the consent of the student unless the student has specifically asked that this prior consent be obtained.
  2. Directory information is listed in the College Catalog. (As of 2018-2019, Directory Information includes: student name; student identification number, major field of study; participation in officially recognized activities and sports; weight and height of athletes; dates of attendance; enrollment status; degrees and awards received; and photograph.)
  3. Seminole State College does not publish a formal student directory. However, when the College publishes the items named above it designates the information as "directory information." Each student is given a reasonable period of time to ask that such information not be released without prior consent. Students will be notified through published and posted notices; such notices shall designate a deadline to be met by those students who wish to withhold consent for release of directory information.

H. Further information relating to this procedure may be obtained from the Registrar.


Recommended by:Executive Team/CACDate05/21/2019
Signed by:Dr. Georgia LorenzDate05/22/2019

Contact

Seminole State General Contact Information