Family Education Rights & Privacy Act (Policy SS-9)

Policy: 

The Family Education Rights and Privacy Act (FERPA) is a federal privacy law that gives students certain  

protections regarding their education records, including grades, transcripts, disciplinary records, contact and family information, accommodations, class schedules, and student health records (including immunizations). To protect the student’s privacy, the law requires schools to ask for written consent before disclosing personally identifiable information to individuals other than the student. All students participating in a clinical learning experience must sign consent to release records for health and safety records to be shared with clinical agencies. 

Clarkson College hereby designates the following categories of student information as public or “Directory Information.” The institution may disclose such information for any purpose at its discretion. 

Category I: Name, photograph, current and permanent address, marital status, telephone number, dates of attendance, classification, and current class schedule. 

Category II: Previous institution(s) attended, major field of study, awards, honors (includes Dean’s List), degree(s) conferred (including dates). 

Category III: Past and present participation in officially recognized activities, physical factors, date, and place of birth. 

Clarkson College assumes that failure on the part of any student to specifically request the withholding of categories of “Directory Information” indicates individual approval for disclosure. 

A student has the right to inspect all official Clarkson College records, files, and data directly related to him/her. Clarkson College maintains the following records for each student: application and general correspondence, evaluations, tests, and grades, reports of disciplinary infractions, health and attendance, financial aid, and student information. Records not included in this provision are parents’ financial records and confidential statements of recommendation in the student’s file prior to January 1, 1975. 

Clarkson College will release personal student data to other persons only if the student completes the  consent to release the requested information in MyCC, states the reason for such release, and names the person to whom the records should be sent. However, Clarkson College must comply with any judicial order or lawfully ordered subpoena upon the condition that the student is notified of all orders in advance by Clarkson College. Examples include but are not limited to: 

  • Clarkson College officials having a legitimate educational interest.  
  • Parents of financially dependent students, dependent as defined in the Internal Revenue Code of 1954, Section 152. 
  • Officials connected with a student’s application for or receipt of financial aid.  
  • Organizations conducting research for predictive tests under the conditions specified by law.  
  • Secretary of Health and Human Services and certain other lawfully designated local, state, and federal officials.  
  • Persons representing accreditation agencies in their official capacity as visitors. 
  • Third-party officials for audit or evaluation purposes, e.g., Joint Commission.  
  • Appropriate officials in cases of health and safety emergencies.   

Information about students or former students will not be released without the student’s consent other than in the exceptions stated in the Federal Act. FERPA affords students certain rights with respect to their educational records.  

  • The right to inspect and review the student's education records within forty-five (45) days after the day Clarkson College receives a request for access. A student should submit to the Registrar’s Office a written request that identifies the record(s) the student wishes to inspect.  

 

  • The right to request the amendment of the student’s education records that the student believes are inaccurate or misleading. Students may ask to amend a record they believe is inaccurate or misleading. Grades are not subject to challenge.  

 

  • The right to consent to disclosures of personally identifiable information from the student's education records, except to the extent that FERPA authorizes disclosure without consent. One exception that permits disclosure without consent is disclosure to school officials with legitimate educational interests. 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 Clarkson College.  

 

  • The right to file a complaint with the U.S. Department of Education concerning alleged failures by Clarkson College to comply with the requirements of FERPA.

The name and address of the office that administers FERPA is:

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

Procedure: 

Currently enrolled students may withhold disclosure of any directory information under the Family Educational Rights and Privacy Act of 1974. To withhold disclosure, students will opt-in via MyCC to delineate FERPA information allowed to be shared. This will be completed during their first registration and advising appointment, but can be updated each semester through MyCC. General FERPA information will be emailed to all students, staff, and faculty at the beginning of each fall semester by the Registrar’s Office. Without the student’s consent, it is a violation of FERPA to disclose any  non-directory information to a third party unless the information requested is needed to help resolve an emergency situation. [FERPA 1998, p. 36]    

  1. EMERGENCY SITUATION   

Without shared directory information: Clarkson College personnel will say that if (student's name) is in this institution, we will get the message to them.   

With shared directory information: Clarkson College personnel will offer to locate a person to get a message to the individual personally.   

 2.     NOT AN EMERGENCY SITUATION   

Without shared directory information and consent: Clarkson College personnel will say we do not have a listing of this person--personnel cannot acknowledge the student is here.   

With shared directory information and consent: Clarkson College personnel will offer to locate a person to get a message to the individual personally.