Riverland Community College
Compliance Statement in Accordance with the
Family Education Rights and Privacy Act (FERPA) and
the Minnesota Data Privacy Act (MDPA)

Revised May 16, 2008

• DISCLOSURE OF STUDENT RECORDS

• FERPA and MDPA require that a student’s education records be:

• Disclosed only to persons who meet the strict definition of a college official who has a legitimate educational interest in the records.

• Definitions:

• “College official” is defined as:

• A person employed by the college in an administrative, supervisory, academic, research, support staff, or student worker position.
• An outside contractor (e.g., health or medical professional, attorney, auditor) acting as an agent for the college or the Minnesota State College and University system.
• A student employed in the college work study program.

• “Legitimate educational interest” is defined as:

The need of a college official to review educational records in order to fulfill his or her professional responsibilities.  The responsibilities include but are not limited to the following areas;

• performing a task that is specified in his/her position or
• researching a matter related to student discipline or
• providing a service or benefit related to a currently enrolled student or past student in which we are still maintaining an educational record, or
• maintaining safety and security on campus.

“Student records”  are defined as:

Student records include any and all records, in any medium, formally maintained by the college that is directly related to a student.

The following student records are not considered education records and are not subject to FERPA/MDPA protections (student right to inspect, student right to correct or amend and student’s prior consent being given before released):

• financial records of the student’s parents or guardian.
• confidential letters or statements of recommendation placed in education records before January 1, 1975 or after January 1, 1975 if the student waived the right of access.
• records of instructional faculty that are kept in the sole possession of the maker and are not accessible or revealed to any other individual except a temporary substitute for the maker and are destroyed at the end of the school year.
• records of law enforcement units (if law enforcement unit is a separate entity and the records are maintained exclusively by and for law enforcement purposes).
• employment records related exclusively to a student’s employment capacity (not employment related to status as a student, such as work study) and not available for use for any other purpose.
• medical and psychological treatment records that are maintained solely by the treating professional for treatment purposes.
• records that only contain information about a student after that individual is no longer a student at the institution (alumni data).

• Disclosure Guidelines

• Staff, faculty advisors or faculty members would not be authorized to view education records that are not relevant to a legitimate educational interest.

• Those who receive student record information may use it only for the purpose specified.

• Parents of dependent students may have the right to gain access to information in student education records.  For purposes of FERPA and MDPA, the college limits the student education record information that may be released (without the student’s specific written permission) to Directory Information and specific data elements only.

The college will respond to phone or in-person inquiries by the parents of dependent students.  The college defines a dependent as a student that is considered dependent on a parent according to IRS guidelines.  Dependency status will be verified through the use of financial aid records or by requesting IRS records from a student’s parent.  If dependency cannot be determined, a signed release from the student will be required.

The following information may be released to the parents of dependent college students;

• Tuition account balances
• Financial aid eligibility
• Reason for an account hold
• Explanation of the satisfactory academic progress status

Directory information can be released to parents without verifying dependency status.

If for any reason staff does not feel comfortable releasing information over the phone, the caller should be referred to the staff member’s immediate supervisor, Dean of Student Affairs or the College Registrar.

• Faculty and staff will only include directory information in their replies to student requests for job references or in response to employer questions regarding current and graduated students.  Faculty or staff providing job references for current and graduated students should have the student sign a data release form in order to allow them the opportunity to fully respond and complete reference documents or answer questions from employers.

• Written permission must be obtained from the student before releasing an education record, unless the request for release fits certain exceptions (See Appendix A for the Data Release Form).

• Disclosure exceptions:

There are circumstances where the prior consent of the student is not required with the release of educational records.  Those exceptions are outlined below:

• Official of another educational institution in which a student intends to enroll.  The student should receive notification of the disclosure from Riverland, unless the student initiated it.
• Appropriate persons in connection with an emergency, if the knowledge of such information is necessary to protect the health or safety of the student or others.
• Persons specified in a lawfully-served judicial order or subpoena, provided the college makes a reasonable effort to notify the student in advance of compliance (unless in the case of grand jury or other subpoenas which prohibit notification).
• Parents of dependent students as defined in Section 152 of the Internal Revenue Code of 1954.  A student must have indicated that either parent claimed him/her as a tax dependent on an application for financial aid (FAFSA).  Otherwise, the parent must provide a copy of the most recently completed Federal Income Tax Return indicating that the student in question was claimed as a dependent.
• Employees working with an application for financial aid or organizations associated with providing financial aid to the student.
• In connection with a student’s application for, or receipt of, financial aid.
• Federal and state government agencies and officials, accrediting agencies and organizations conducting studies for or on behalf of educational agencies if conducted so as not to permit the personal identification of any individual student.
• College employees who have an educational interest in the student’s data.
• Schools or colleges to which the student is currently enrolled (concurrent enrollment, consortium agreements, PSEO enrollment).
• Release of information requested under the terms of the Patriot Act.
• Directory Information.
• To an alleged victim of a crime of violence (as defined in 18 U.S.C. Sect 16) or non-forcible sex offense, the final results of the alleged student perpetrator’s disciplinary proceeding may be released.

An educational institution is allowed to designate certain types of information that may be released without seeking written permission from the student.

Students have the right to prohibit the release of all or part of any item(s) listed as directory information.  A student may restrict the release of directory information by completing a Withholding Information request form (See Appendix B).  This request to restrict the release of information becomes a part of the student’s record and remains in effect (even after graduation) until the student instructs the college, in writing, to remove the hold status on the record.

Directory Information may be provided to the person requesting it either in person, by mail or by telephone.

Riverland Community College has designated the following items as Directory Information:

• Student’s name,
• City of residence,
• Program of study,
• Activity participation,
• Dates of attendance,
• Enrollment status,
• Honors and awards received,
• Most recent previous schools/colleges attended,
• Weight and height statistics for members of athletic teams,
• Student photo.

• Student’s Right and Responsibilities

Students have the right to inspect and review their records (academic and financial aid files).  Inspection requests must be in writing, submitted to the Registrar’s Office, Financial Aid Department, Admission’s Office, or the Dean of Student Affairs and will be honored within ten business days.  Record inspections will take place in the office of the Registrar, Financial Aid Director, Admissions Director or Dean of Student Affairs.  Staff may be present when the student is inspecting their records.

The College may charge the student for copies of their records (ten cents per page).

Students also have the right to challenge the contents of education records on the basis of possible clerical errors.  Students may also question a possible violation of privacy.

Record Revision Request and Appeal Process:

Step One – If the student believes that the education record is inaccurate, misleading or in violation of privacy rights, the student may request in writing to the College Registrar that the record be changed.  The letter should state the nature of the inaccuracy or error and request the revision that the student wants made in the record.  The Registrar will review the request and respond to the student in writing within ten (10) business days of receipt of the request.

Step Two – Following the decision on step one for a record revision, a student may request an appeal review before the Dean of Student Affairs within ten (10) business days of the date of notification of the appeal decision in step one.  Failure to file an appeal in a timely manner constitutes a waiver of the right to appeal.

The Dean of Student Affairs will review the request for appeal review letter and will determine if the request has merit.  In addition, the Dean of Student Affairs may schedule a meeting with the applicant.  An advocate may attend this meeting but may not participate except to advise.  In the event that new information is presented that may affect the outcome of the original record revision decision in step one, the Dean of Student Affairs has the discretion to request a meeting with the Registrar and the student appealing the decision.  The Dean will render a review decision in writing within ten (10) business days of the appeal meeting.

Step Three – Following the decision of the appeal review, a student may request a third review before the Executive Vice President.  The request for a third appeal must be submitted in writing to the Executive Vice President  within ten (10) business days of the date of the appeal review decision completed in step two.  Failure to file an appeal in a timely manner constitutes a waiver of the right to appeal.

The Executive Vice President will review the original appeal letter, the appeal review letter and the third appeal request and will determine if the grounds for a third-level appeal have merit.  The Executive Vice President may schedule a meeting with the student.  An advocate may attend this meeting but may not participate except to advise.  In the event that new information is resented that may affect the outcome of the original record revision request or the appeal review decision, the Vice president has the discretion to request a meeting of the Registrar, the Dean of Student Affairs and the Student appealing the request to revise a record.  The Executive Vice President will render a third-level appeal decision in writing within ten (10) business days of the third-level appeal meeting.

Step Four – Following the outcome of a third-level appeal with the Executive Vice President, a student may request a final review.  Unresolved third-level appeals will be referred to the College President for final review.  The President shall issue a decision in writing to the student within ten (10) business days of the request for final review.  The President’s decision is final and binding.

Students may notify the FERPA Office in Washington D.C. at the following address:  Family Policy Compliance Office, 400 Maryland Avenue SW, Washington, DC, 10101 to report potential FERPA violations. Reported and verified violations could result in the termination of the college’s eligibility to receive funding under any applicable federal program, including the Pell Grant and Stafford Student Loan Programs.

Grades earned are not covered under FERPA/MDPA because the rights of challenge are not intended to allow a student to contest, for example, a grade in a course because the student felt that a higher grade should have been assigned.  However, FERPA/MDPA does obligate faculty to honor a student’s request to determine if a grade was recorded in error.

• Frequently Asked Questions:

• Can a faculty member obtain a copy of a student’s records without the student’s written permission?

A school official may obtain a copy of a student’s records without the consent of the student only when the school official has a legitimate educational interest (or a legal right to know).

• I have access to computerized education records.  Does this mean I am authorized to view all of the available records?

No.  The confidentiality provisions of FERPA/MDPA still apply.  A school official should access a student’s education record only if a legitimate educational interest exists with respect to that student and that record.

• What should I do if someone from the media asks for information about a former student who was once a Riverland Student?

Education records are protected by FERPA/MDPA for current and former students.  Thus, educational record information about a former student cannot be released without the written permission of the student.  Directory information could be released as long as a hold has not been placed on the directory information by the former student (see Directory Information section).  Alumni records that do not relate to the person as a student may also be released.

• Do any special rules apply to transcripts or Social Security Numbers?

Yes.  The Registrar is the only person authorized to issue transcripts.  An official transcript is issued only when requested by the student in writing.  Social Security numbers are personally identifiable and are considered non-releasable, private information.  They are treated as education records.

• What rights does FERPA/MDPA give to students?

FERPA/MDPA grants students the right to inspect, review and amend their student records, except for those portions of the records that are not considered education records.  Thus, a student could not review portions of a record containing information about students other than the requesting student.
           

• What limits apply to the disclosure of information from a student’s education record to a third party?

Records may be disclosed to a third party only if the student has given written permission to the disclosure, or if a legitimate educational interest has been articulated for disclosure to the third party and noted in the record.  This limitation does not apply to directory information.

• What if I receive a fax from a student requesting to inspect his/her education records?

The college policy is to grant a student an inspection of their educational records only upon written request, which may be presented in person in the Registrar’s Office with appropriate identification, sent by mail or sent by fax.  Students must provide written authorization for a copy of their education records to be released to a third party (e.g., attorney, employer).

• Does Riverland charge for a copy of a student record?

There is ten cents per copy charge.

• How do I respond to a request for the education records of a deceased student?

Riverland does allow for the release of education records of a deceased student to the student’s parents or spouse.  Requests should be forwarded to the College Registrar or the Dean of Student Affairs.

• May I transmit grades electronically (e-mail) at the student’s verbal or written request?

The transmission of grades electronically (e-mail) to any party, including the respective student, is permitted with the student’s verbal or written permission.

• Are instructor’s private files considered educational records?

Records kept in your files for your own use and are not shared with anyone else (other than a substitute) are not considered education records and will not be subject to the release provisions of FERPA/MDPA.  Such records can be kept confidential only if they are kept in the sole possession of the maker and are not accessible or revealed to any other person.

• How should course grades be posted?

The college recommends NOT displaying student grades or scores publicly in association with names, Social Security Numbers or other personal identifiers.  If scores are posted, use an agreed upon code known only to you and the student.  Under no circumstances should the list of scores be posted in alphabetic sequence by student name.

• Does the student’s right to amend educational records include requests to change grades?

The college must change factual information regarding grades and performance in an education record when the student is able to provide valid documentation that information is inaccurate or recorded in error.  The substantive judgment of a faculty member regarding a student’s work (expressed in grades and/or evaluation) is not within the purview of FERPA/MDPA.  The Act does not give students the right to challenge their education records in this regard.

                  Appendix A

Authorization for the Release of Student Information

• Student Information:

Name ______________________________________ Student I.D.__________________

Address ______________________________________________ Phone ____________

2. I,                                                             ___, hereby authorize Riverland
                   (print your full name)
Community College to release the following information from my student records:

(check all that apply):
________ Address                            
________ Phone                                
________ Learning Accommodations
________ College Transcript
________ Graduation date
________ Documentation of Disability
________ Financial Aid Information
________ Other-please specify______________________________________________

3. Release the information to the following individual(s) or agency (check all that apply):
________ Prospective Employers-Name & Address:_____________________________
________ Workforce Center-Name & Address:_________________________________
________ Social Service Agency-Name & Address:_____________________________
________ Medical Facility-Name & Address:__________________________________
________ Other: _________________________________________________________

4. I am requesting the release for the following reason(s) and purpose(s): ________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________

Riverland Community College is asking you to provide private personal data in order to process your request for permission to release information.  This information will be used to process your request.  You are not legally required to provide this information; however, the college may not be able to effectively process your request if you do not provide sufficient information.  Access to this information will be limited to school officials.  Under certain circumstances, federal and state laws authorize release of private information without your consent to state and federal agencies or as otherwise permitted by other state and federal laws.

I understand that the student records information subject to this release includes information which is classified as private on me under Minn. Stat. 13.32 and the Federal Family Education Rights and Privacy Act.  I understand that by signing this Informed Consent Form, I am authorizing the college to release to the persons named above and their representatives information which would otherwise be private and not accessible to them.  I understand that without my informed consent, the College could not release the information described above because it is classified as private.

I understand that when my name, address, phone number, and graduation date are released to the persons named above and their representatives, the College has no control over the use the persons named above or their representatives make of the records which are released.

I understand that I am not legally obligated to provide this information and that I may revoke this consent at any time.  The consent expires upon completion of the above-stated purpose or after one year, whichever comes first.  However, if the above-stated purpose is not fulfilled after one year, I may renew this consent.  A photocopy of this authorization may be used in the same manner and with the same effect as the original document.

I am giving this consent freely and voluntarily and I understand the consequences of my giving this consent.

SIGNATURE: ___________________________________  DATE:_________________

Appendix B

The following information is designated as directory information and available to the military in accordance with the Solomon amendment:  student name, participation in officially recognized activities and sports, weight and height of members of athletic teams, degree, honors, awards received, major field of study, dates of attendance, most recent educational agency or institution attended, student status (full-time/part-time), student photo.

I wish to prevent the release of any and all directory information at Riverland Community College.

Name

Student ID Number

Signature