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POL 6.090 Student Records – Rights and Privacy

Kirtland Community College recognizes the importance of maintaining records for all students in attendance. While a student’s educational interests require the collection, retention, and use of information about the student, the student’s right to privacy requires careful custodianship and limitations on access to education records. The maintenance and disclosure of student records by this institution are governed by state and federal law, particularly the Family Educational Rights and Privacy Act (“FERPA”), 20 USC 1232g, and its implementing regulations, 34 CFR 99.1 et seq. It is the purpose of this policy to protect the educational and privacy rights of students and to establish procedures for the disclosure of student records in compliance with the law.

The President of Kirtland Community College is responsible for implementing this policy. The President’s duties include, but are not limited to: informing students of their rights under this policy, utilizing administrative resources to implement and enforce this policy, developing procedural guidelines for the proper collection, storage and disclosure of student records and informing employees of this policy and the procedures relative to student records.

DEFINITIONS

For the purposes of this policy, Kirtland Community College employs the following definitions:

Education Records:

Any record (whether in print, handwriting, tape, film, computer, electronic, or other medium) maintained by the college, a college employee or agent, or a party acting on the college’s behalf, which is directly related to a student. The term does not include the following:

  1. Records (including notes and observations) kept by a staff member that are in his/her possession and are not available to another person, except a substitute.
  2. Records created and maintained by Kirtland Community College law enforcement and security personnel for law enforcement purposes only.
  3. Employment records which are made and used only in relation to a student’s employment at Kirtland Community College.
  4. Records made and maintained by a physician, psychiatrist, psychologist, or paraprofessional acting in his/her professional capacity, which are made, maintained, or used in connection with treatment of the student (which does not include remedial education) and are disclosed only to individuals providing treatment.
  5. Records that only contain information about a student after he/she is no longer in attendance.

Student

Any person who attends or has attended a program of instruction sponsored by Kirtland Community College.

STUDENT RIGHTS

FERPA affords students enrolled in postsecondary institutions certain rights with respect to education records. Those rights include the following:

  1. Right to Inspect: A student has the right to inspect and review his/her education records maintained by Kirtland Community College within 45 days of the school’s receipt of a written request for access.
  2. Right to Request Amendment: A student has the right to request the amendment of his/her education record(s) that are believed to be inaccurate or misleading. This right includes the right to a hearing to present evidence that the record should be revised. If a requested amendment is denied after a hearing, a student also has the right to place a statement in his/her educational record commenting on the challenged information.
  3. Right to Consent to Disclosure: A student has the right to consent to disclosures of personally identifiable information contained in his/her education record, except to the extent that FERPA authorizes disclosure without consent.
  4. Right to Complain: A student has the right to file a complaint with the U.S. Department of Education concerning alleged failures by Kirtland Community College to comply with FERPA requirements.
  5. Right to Obtain Copies of this Policy: A student has the right to obtain copies of this policy upon request.

DISCLOSURE

Kirtland Community College will disclose information from a student’s education record only with the written consent of the student, except that disclosures without consent may be made:

  1. To school officials who have legitimate educational interest in the records. A school official is a person employed by Kirtland Community College in an administrative, supervisory, academic or research, or support staff position, including law enforcement unit personnel and health staff; a person or company with whom Kirtland Community College has contracted, such as an attorney, auditor, or collection agent; a person serving on the board of trustees, who is empowered by the board; or a student serving on an official committee, such as a disciplinary or grievance committee, or assisting another school official in performing his/her tasks. A school official has a legitimate educational interest if he/she needs to review an education record to fulfill his/her professional responsibilities.
  2. To officials of other schools where a student seeks or intends to enroll. (A student may obtain copies of records transferred).
  3. To federal and state officials in connection with their duties to audit or enforce legal conditions relative to federal or state supported programs.
  4. In connection with a student’s request for or receipt of financial aid, as necessary to determine the eligibility for aid, the amount or conditions of the aid, or to enforce the terms and conditions of aid.
  5. To state juvenile justice system officials as permitted by state law.
  6. To organizations conducting certain studies for or on behalf of the college for the purposes of predictive testing, student aid, and instructional improvements.
  7. To accrediting organizations to carry out their function.
  8. To parents who claim the student as a dependent for income tax purposes.
  9. To comply with a court order or lawfully-issued subpoena. The college shall make reasonable attempts to notify the student of such disclosure prior to disclosure.
  10. To appropriate parties in connection with a health or safety emergency that threatens the health or safety of the student or other individuals. Additionally, Kirtland Community College has the right to include information concerning disciplinary action taken against a student for conduct that poses a significant risk to the safety or well-being of the student, other students, or school community members in the student’s education record. Kirtland Community College may also disclose such information to school officials at the college and at other schools who have legitimate educational interests in the behavior of the student.
  11. For designated directory information.
  12. To the student.
  13. To the alleged victim of a crime of violence (as defined by federal law), records of school disciplinary proceedings may be disclosed regarding the particular crime perpetrated against the victim.

SOLOMON AMENDMENT

In addition to FERPA, the Solomon Amendment requires that schools, upon request, provide the military with information on currently enrolled students for military recruiting purposes. For such requests, the following information can be released on students 17 years of age or older: name, address, telephone listing, date and place of birth, level of education, academic program, degrees received and the educational institution in which the student was most recently enrolled. Any future changes to the Family Educational Rights and Privacy Act of 1974 or the Solomon Amendment will be complied with by Kirtland Community College.

Adopted August 11, 1983
Revised February 12, 1998
Revised October 16, 2008

To view the procedure, go to PRO 6.090 Student Records – Rights and Privacy