Family Education Rights and Privacy Act (FERPA-1974)
Privacy Rights of Students and Parents
The Family Educational Rights and Privacy Act (FERPA) 1974 as amended, 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.) Moraine Valley Community College complies with all rules and regulations issued by the United States Department of Education with respect to privacy rights of students and parents.
These rights include:
- The right to inspect and review the student’s education records within 45 days after the day Moraine Valley Community College receives a request for access. A student should submit to the Registrar, Dean, head of the academic department, or other appropriate official, 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. If the records are not maintained by the school official to whom the request was submitted, that official shall advise the student of the correct official to whom the request should be addressed.
Records are not maintained in a central location on campus. Requests to review records must be made separately to each office that maintains records. Requests must be made in writing and presented to the appropriate office. That office will have up to 45 days to honor requests. For most students these offices include the Cashier’s Office, Bookstore, Admissions, Records, Registration, Financial Aid, Workforce Development and Community Services, Counseling and Career Development Center, Library, Alternative Learning, Academic Skills Center, Code of Conduct Office, and Center for Disability Services.
The following are exceptions:
• employment records
• medical, psychological and counseling records used solely for treatment
• records of the Moraine Valley Police Department
• financial records of a student’s parents
• confidential letters and statements of recommendations placed in records prior to Jan. 1, 1975
• confidential letters and statements of recommendation for admission, employment or honorary recognition placed in records after Jan. 1, 1975, for which students have waived the right to inspect and review
- 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 the school to amend a record should write the school official responsible for the record, clearly identify the part of the record the student wants changed, and specify why it should be changed.
If the school decides not to amend the record as requested, the school 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.
Students may challenge any information contained in education records that may be misleading or inappropriate. This right does not extend to reviewing grades unless the grade assigned by an instructor was inaccurately recorded. To challenge information in a file, students must make a written request for a hearing to the vice president of Student Development.
The hearing shall be held within a reasonable period of time after the administration has received the request. The student shall be given notice of the day, place and time well in advance of the hearing. The hearing will be conducted by three staff members and two students appointed by the vice president of Student Development. A decision of the panel will be final and based solely on the evidence presented. If the hearing is not conducted according to the student’s expectation, he or she may insert a note of exception in the record. The institution will correct or amend any documented record in accordance with the decision of the hearing panel.
- The right to provide written consent before the college discloses personally identifiable information (PII) from the student’s education records, except to the extent that FERPA authorizes disclosure without consent.
The school discloses education records without a student’s prior written consent under the FERPA exception for disclosure to school officials with legitimate educational interests. A school official is a person employed by Moraine Valley Community College 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 school official also may include a volunteer or contractor outside of Moraine Valley Community College who performs an institutional service of function for which the school would otherwise use its own employees and who is under the direct control of the school 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 school official in performing his or her tasks. A school official has a legitimate educational interest if the official needs to review an education record in order to fulfill his or her professional responsibilities for Moraine Valley Community College.
If students wish to release information in their education records to others (e.g., financial or academic records to parents), they should report to the Registration Office to complete the necessary form. After students file this form, the Registration Office may release the requested information to the designated party.
- The right to file a complaint with the U.S. Department of Education concerning alleged failures by the [School] to comply with the requirements of FERPA. The name and address of the Office that administers FERPA is:
Family Policy Compliance Office
U.S. Department of Education
400 Maryland Avenue, SW
Washington, DC 20202
In accordance with the act, the college has designated the following categories of information as public. This information will be released to any inquirer unless students request that it be withheld. These categories are the following:
- city/town of residence
- major field of study
- participation in officially recognized activities and sports
- weight and height of members of athletic teams
- dates of attendance (including current classification and year, matriculation and withdrawal
- degrees and awards received (type of degree and date granted)
If students wish to file a request preventing this information from being disclosed as directory information, they should report to the Registration Office and complete the necessary form. After students file this form, the Registration Office will apply a privacy flag to the student record and begin to comply as soon as possible.
Disclosing Information without Consent
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 school 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 record the disclosure. Eligible students have a right to inspect and review the record of disclosures. A postsecondary institution may disclose PII from the education records without obtaining prior written consent of the student
- To other school officials, including teachers, within Moraine Valley Community College whom the school has determined to have legitimate educational interests. This includes contractors, consultants, volunteers, or other parties to whom the school has outsourced institutional services or functions, provided that the conditions listed in §99.31(a)(1)(i)(B)(1) – (a)(1)(i)(B)(2) are met. (§99.31(a)(1))
- To officials of another school 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 requirements of §99.34. (§99.31(a)(2))
- To authorized representatives of the U. 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 requirements of §99.35, 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. (§§99.31(a)(3) and 99.35)
- 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. (§99.31(a)(4))
- To organizations conducting studies for, or on behalf of, the school, in order to: (a) develop, validate, or administer predictive tests; (b) administer student aid programs; or (c) improve instruction. (§99.31(a)(6))
- To accrediting organizations to carry out their accrediting functions. ((§99.31(a)(7))
- To parents of an eligible student if the student is a dependent for IRS tax purposes. (§99.31(a)(8))
- To comply with a judicial order or lawfully issued subpoena. (§99.31(a)(9))
- To appropriate officials in connection with a health or safety emergency, subject to §99.36. (§99.31(a)(10))
- Information the school has designated as “directory information” under §99.37. (§99.31(a)(11))
- To a victim of an alleged perpetrator of a crime of violence or a non-forcible sex offense, subject to the requirements of §99.39. The disclosure may only include the final results of the disciplinary proceeding with respect to that alleged crime or offense, regardless of the finding. (§99.31(a)(13))
- To the general public, the final results of a disciplinary proceeding, subject to the requirements of §99.39, if the school 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 school’s rules or policies with respect to the allegation made against him or her. (§99.31(a)(14))
- 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 school, governing the use or possession of alcohol or a controlled substance if the school determines the student committed a disciplinary violation and the student is under the age of 21. (§99.31(a)(15))
If students have questions regarding the provisions of the act, they may contact the Registrar in S111.